Quick question please

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Hey everyone so my question is my wife wants to get her ltc but she has a pot possession charge when she was 16 In new Hampshire her record has since been sealed. She is now 32 has never been in trouble since. We now live in MA in a green town and our local LO is a good guy if that matters. My question can she even get her ltc or is it an automatic DQ
 
You may be able to get the conviction (if it was ) annulled, NH has an annulment process. Something to look into
 
found guilty?

CWOF?

Fines?

Lots of licensing authorities in MA have surrendered when it comes to Marijuana, it was a failed war, wasted a ton of resources, and after 80+ years they figured out there was no such thing as "reefer madness"

They are willing to overlook CERTAIN past Pot issues.

NH is still fighting the war....

This is one where I would suggest getting the official record of the charges and disposition and spending the money for an hour of N.S. Tassel's time, even if was emailing him the records and doing it over the phone.

A denial is forever... it sticks and has to be explained if you ever get things straightened out or the law changes

PS a "sealed" record is never truly sealed, it may be harder for some people to see, but you can bet your ass it comes back to the licensing authority AND in any background check if a FFl purchase was attempted
 
Maura your wife was a pot head? Sorry just had to say it, OP lawyer up.
 
Hey everyone so my question is my wife wants to get her ltc but she has a pot possession charge when she was 16 In new Hampshire her record has since been sealed. She is now 32 has never been in trouble since. We now live in MA in a green town and our local LO is a good guy if that matters. My question can she even get her ltc or is it an automatic DQ
I assume you are trying to figure out if she's a federally prohibited person.

1. You say she was "charged'.....does that mean she was not convicted? If so she's not a pp and has a chance....call a lawyer and get a consultation.

2. If she was convicted......what was the max penalty she COULD HAVE been given (not what she was given)? If she could have been charged with 2 years prison or more she's a fed pp and cannot possess a fire arm at all. Still not all is lost......call a lawyer......but it's going to take more time and cash.

Either way call a fire arms attorney before she applies.

Fwiw my brother has a 8 year old dwi in nh......he got Jason Guida to represent him on his application in Methuen and his ltc was approved yesterday. He's just waiting for the physical license to come into the pd. Not all is lost. Get a lawyer.
 
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Hey everyone so my question is my wife wants to get her ltc but she has a pot possession charge when she was 16 In new Hampshire her record has since been sealed. She is now 32 has never been in trouble since. We now live in MA in a green town and our local LO is a good guy if that matters. My question can she even get her ltc or is it an automatic DQ
Get a lawyer , the amount of time your going to waste waiting for the LTC process you might as well go in it well armed with info.
Just be sure to answer any and all questions for that “have you ever appeared” part.
Anyhow get the lawyer now so if/when tou get denied you have representation on deck to fight it if you choose to
 
Get a lawyer, get a lawyer, get a lawyer.............the end..........[popcorn]
Or come to NES and ask. What could go wrong? Just because some people have no common sense, or are just cheap, doesnt mean they cant ask and take advice from the brain trust here.
 
Hey everyone so my question is my wife wants to get her ltc but she has a pot possession charge when she was 16 In new Hampshire her record has since been sealed. She is now 32 has never been in trouble since. We now live in MA in a green town and our local LO is a good guy if that matters. My question can she even get her ltc or is it an automatic DQ
NH is still fighting the war....
Sununu relaxed things a bit when he signed House Bill 399, providing an annulment process for New Hampshire state possession convictions for 3/4 of an ounce or less.

You may be able to get the conviction (if it was ) annulled, NH has an annulment process. Something to look into
My ex brother in law did it that way and got his PRL without any problems. But he was living in NH.
No requirement to be a resident, however you do need to petition the court (see the many posts above recommending you get a lawyer).

See RSA 651:5-b
 
Hey everyone so my question is my wife wants to get her ltc but she has a pot possession charge when she was 16 In new Hampshire her record has since been sealed. She is now 32 has never been in trouble since. We now live in MA in a green town and our local LO is a good guy if that matters. My question can she even get her ltc or is it an automatic DQ
No advice, just best wishes.
~Enbloc
 
Hey thanks for the info so far everyone and yes she was convicted for class d as a juvenile max sentence is only a year. I asked here cause I was in a situation my self where everyone said I had no chance and to get a lawyer but I was approved. Was just wondering if anyone had a similar issue. And no my wife isn't a pot head lol she smoke a little when she was a kid hasn't for like 15 years now
 
Hey thanks for the info so far everyone and yes she was convicted for class d as a juvenile max sentence is only a year. I asked here cause I was in a situation my self where everyone said I had no chance and to get a lawyer but I was approved. Was just wondering if anyone had a similar issue. And no my wife isn't a pot head lol she smoke a little when she was a kid hasn't for like 15 years now
Just remember one thing.... sealed records mean shit on an LTC app. They will see that stuff. And if you omit/lie, you set yourself up for a very bad failure. If she has low level garbage (below what constitutes a statutory dq) and discloses, if it's not a shit town she probably won't have a problem.
 
Hey thanks for the info so far everyone and yes she was convicted for class d as a juvenile max sentence is only a year. I asked here cause I was in a situation my self where everyone said I had no chance and to get a lawyer but I was approved. Was just wondering if anyone had a similar issue. And no my wife isn't a pot head lol she smoke a little when she was a kid hasn't for like 15 years now
She's not a fed pp which is good. I'd still recommend contacting a fire arms attorney first. If she applies and is denied its way more of a headache. Like I said my brother had a lawyer represent him with his ltc application due to an 8 year old nh dwi and he was approved with an un restricted ltc a couple days ago. He says it was money well spent.....if he went it alone and was denied it's way more of an issue to appeal. Best bet is to get a lawyer to represent you at the get go.
 
She is allowed to answer "No" to the record question under the concept of "legal fiction". But, the police generally don't recognize that concept.

Comm2A won a case making a minor MJ conviction a non-disqualifier in MA. Best to disclose the sealed record because of the above but, even better, get legal counsel who specializes in guns for a consult (Langer, Guida, Tassel before you apply. An office consult should run you about $200. An appeal more like $5k if it involves a court appearance, plus, if you don't get the consult in advance you will be paying your attorney to attempt to correct any strategic missteps on your part.

If she is denied for the MJ charge, let Comm2A know. Comm2a would be more interested in helping a denial for a MJ charge than the very long battle of arguing legal fiction, as the former is settled law in MA. A prominent local business owner in Metrowest was denied for a MJ conviction decades ago. I gave him an attorney's number and told him "talk to this guy, if they continue to F with you Comm2a will take the case". The attorney quickly straightened it out as the PD did not have a problem with the person (who has a great reputation in the community), but thought they were required to deny.

Just remember one thing.... sealed records mean shit on an LTC app.
For MA records, yes. From other states - maybe. Don't know about NH.

In MA, the PD may just get "Sealed record exists is/is not a firearms disqualifier".
 
Thanks everyone for the info of course we would never omit anything. And I'm really not worried about our local LEO if he can legally approve her they will it's just all the laws and court cases I read are really undefined for an out of state charge vs in state charge
 
Try it, what have you got to lose? All they can do is say no.
Sh*t answer.

They have a lot to lose. If they say no, they forever have to say they got denied. So, imagine moving to another state and filling out a form and having to explain you got denied.
 
Thanks everyone for the info of course we would never omit anything. And I'm really not worried about our local LEO if he can legally approve her they will it's just all the laws and court cases I read are really undefined for an out of state charge vs in state charge

It is going to be far cheaper to consult a firearms attorney up front to prevent an issue than it would be to hire a firearms attorney to fix a mistake later.

It’s Massachusetts.…..It sucks….but it is what it is.

Bob
 
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