DickWanner
Banned
Correct, but is it written as to you have to furnish to a known felon or can it be unknown.
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Stuck with an FID? You might be a federally prohibited person
- Thread starter GSG
- Start date
Correct, but is it written as to you have to furnish to a known felon or can it be unknown.
It definitely would be "known"- as a layperson has absolutely no way of knowing that someone else is a prohibited person. It's not like they have a red stamp on their forehead.
![[laugh]](/xen/styles/default/xenforo/smilies.vb/012.gif "Laugh [laugh]")
-Mike
DickWanner
Banned
It definitely would be "known"- as a layperson has absolutely no way of knowing that someone else is a prohibited person. It's not like they have a red stamp on their forehead.
-Mike
I hope so, as an instructor who deals with over a hundred unknown individuals a month I'd hate to get taken down because someone was a prohibited person and I didn't know. Especially with MA's DQ crap.
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I have to imagine steve does some sort of screening in his sign up proccess. Rental places do it all the time. They ask the renter all of the Qs on the 4473. That process should cover any of the instructors liabilities.
DickWanner
Banned
I'm sure he does, I'm just a nosey SOB who likes to dig deep into all the what-ifs
![[wink]](/xen/styles/default/xenforo/smilies.vb/002.gif "Wink [wink]")
, plus for some odd reason I like law related discussion 
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why didn't you jsut ask this the first time if you already knew about the existence of that law?
DickWanner
Banned
why didn't you jsut ask this the first time if you already knew about the existence of that law?
Because I didn't?
I found a link with some very interesting discussions on different types of federally prohibited persons, including case law.
http://www.ncids.org/Defender Training/2004 New Felony Defender Training/Federal Consequences.pdf
It was written with North Carolina law in mind, but the federal cases referenced will apply anywhere.
http://www.ncids.org/Defender Training/2004 New Felony Defender Training/Federal Consequences.pdf
It was written with North Carolina law in mind, but the federal cases referenced will apply anywhere.
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federally prohibited person Limbo
Hi,
I'm new to this forum and and was wondering about the lifetime ban for Gun ownership for people who have a state conviction ( I had an 1st OUI and reckless driving in1999 and got 6 month probation and case was close in 2000 after I completed the probation and payed all fine)
I stayed out of trouble and recently I had the CORI sealed last month after I filled a petition ( 10yr have elapsed )
What are the chance for getting an FID as from what i'm reading a Mass OUI is a life time ban on the federal level for a Mass LTC? It does not look promising as far gun ownership
I'm confused? If one is barred for life by the Feds what are the point in getting a lawyer ( From what I understand one with previous misdemeanor like Simple OUI can get an FID card by the State of Mass but will get busted by the ATF for having a rifle or a gun or renting them at a firing range.? or is it only if you buy a rifle from a FFL?
Before I invest money to regain my 2nd amendment right i wanted to make sure that I wont got to battle for nothing.
Any input will be appreciated
Arnold
Hi,
I'm new to this forum and and was wondering about the lifetime ban for Gun ownership for people who have a state conviction ( I had an 1st OUI and reckless driving in1999 and got 6 month probation and case was close in 2000 after I completed the probation and payed all fine)
I stayed out of trouble and recently I had the CORI sealed last month after I filled a petition ( 10yr have elapsed )
What are the chance for getting an FID as from what i'm reading a Mass OUI is a life time ban on the federal level for a Mass LTC? It does not look promising as far gun ownership
I'm confused? If one is barred for life by the Feds what are the point in getting a lawyer ( From what I understand one with previous misdemeanor like Simple OUI can get an FID card by the State of Mass but will get busted by the ATF for having a rifle or a gun or renting them at a firing range.? or is it only if you buy a rifle from a FFL?
Before I invest money to regain my 2nd amendment right i wanted to make sure that I wont got to battle for nothing.
Any input will be appreciated
Arnold
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DO NOT get the FID. That is effectively a trap, thought it is not clear the legislature intended it that way, they have done NOTHING to remove the trap after it was discovered.
You can get your rights restored so long as the two charges above are from the same incident. You will need a lawyer to navigate that road to the FLRB. I recommend Joe Hickson. Obviously there are other lawyers who can help too and they are listed in various place on this site. Keith Langer will not be able to help because he is on the FLRB.
http://www.hicksonlawgroup.com/
You can get your rights restored so long as the two charges above are from the same incident. You will need a lawyer to navigate that road to the FLRB. I recommend Joe Hickson. Obviously there are other lawyers who can help too and they are listed in various place on this site. Keith Langer will not be able to help because he is on the FLRB.
http://www.hicksonlawgroup.com/
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If the FLRB does give a favorable decision... does it mean that the person is not longer a prohibited by the feds??
My understanding is that even if the FLRB make a recomendation that the person should be able to get the LTC the final word is to the local police chief.
It's so complicated that I think I would just have to admit that I can never have any gun for my entire life.
My understanding is that even if the FLRB make a recomendation that the person should be able to get the LTC the final word is to the local police chief.
It's so complicated that I think I would just have to admit that I can never have any gun for my entire life.
Arnold, welcome to NES.
Were you convicted for these charges, or did they result in a CWOF, "charge placed on file," etc.? Also, were you charged with being under the influence of drugs or alcohol for these offenses? If the offenses involved drugs the FLRB may refuse to hear the appeal, and you would definitely want to have a lawyer walk you through going to the FLRB in that case.
First and foremost, you will need the disposition of your case to find out the above details, you can obtain this from the courthouse your case was heard in for a small copying fee ($5 or so). This is the first step, one that you'll have to go through even if you go to a lawyer, to determine if you're eligable for an FLRB review. Basically you'd just be getting copies of all the documents related to your case to confirm the charges and how it all turned out.
It seems like you know the charges, but if there was a screw-up at the courthouse or if your memory is a little foggy it could make the situation a lot more complex. Getting this info will help clear up any questions. It sounds to me like your charges resulted in a CWOF, in which case you would not have to go through any of the next steps in the process, but the risks are too great to assume that I'm guessing right.
It's not all misdemeanors, it's only certain misdemeanors (ones where the max potential penalty is more than 2 years in jail). Both offenses that you were charged with meet this criteria, so if you were convicted you are currently federaly prohibited from possessing firearms. A federal prohibition means that you cannot buy, rent, borrow, touch, excercise control over or otherwise have any kind of possession of a firearm or ammunition anywhere in the US, unless the conviction is overturned.
But, it is possible to have offenses like that cleared to restore your federal gun rights, and this is where the lawyer comes in. A lawyer isn't required by law, but they can give you invaluable info to walk you through the process, since many of them handle these cases on a regular basis.
If the FLRB gives a favorable decision, you are no longer federally prohibited. Your local police chief may decide not to give you an LTC after this, but you will definitely be able to get an FID (they're shall issue), and you will no longer be federally prohibited, so you would be able to own or handle guns. An FID would limit your options somewhat more than an LTC would, but it's better than nothing.
Check out the "Guide to gunrights" thread in the general discussion section of the forum to get an idea of how good your police chief is about giving out LTC's. A lawyer could also help you prepare your application for a firearms license which should increase your chances of getting an LTC, but the FLRB would have to come before that.
If you plan to be a casual, hobbyist gun owner only, it may not be worth it to you. If you think you may ever want to touch anything firearms related ever again, it's worth it to get this all straightened out. Also, if you ever wind up living with a gun owner or borrow the car of a gunowner, getting this cleared up will save you from some some very serious potential trouble. Keep in mind, even if you move or travel to another state, unless this is cleared through the FLRB or a governors pardon, you will be federally prohibited.
Weigh the cost vs. benefit and make your decision accordingly. Good luck, and if you have any more questions ask away.![[grin]](/xen/styles/default/xenforo/smilies.vb/041.gif "Grin [grin]")
Oh, and one more thing. Keep in mind, even if your records are 'sealed" by Mass. and the FLRB restores your rights, you will still need to disclose the charges when you apply for any firearms license in Mass. If you didn't include that info you could face additional criminal charges and be DQ'ed for life from obtaining a Mass. LTC. I explained that in the LTC DQ's thread which is linked to in my sigline.
Were you convicted for these charges, or did they result in a CWOF, "charge placed on file," etc.? Also, were you charged with being under the influence of drugs or alcohol for these offenses? If the offenses involved drugs the FLRB may refuse to hear the appeal, and you would definitely want to have a lawyer walk you through going to the FLRB in that case.
First and foremost, you will need the disposition of your case to find out the above details, you can obtain this from the courthouse your case was heard in for a small copying fee ($5 or so). This is the first step, one that you'll have to go through even if you go to a lawyer, to determine if you're eligable for an FLRB review. Basically you'd just be getting copies of all the documents related to your case to confirm the charges and how it all turned out.
It seems like you know the charges, but if there was a screw-up at the courthouse or if your memory is a little foggy it could make the situation a lot more complex. Getting this info will help clear up any questions. It sounds to me like your charges resulted in a CWOF, in which case you would not have to go through any of the next steps in the process, but the risks are too great to assume that I'm guessing right.
It's not all misdemeanors, it's only certain misdemeanors (ones where the max potential penalty is more than 2 years in jail). Both offenses that you were charged with meet this criteria, so if you were convicted you are currently federaly prohibited from possessing firearms. A federal prohibition means that you cannot buy, rent, borrow, touch, excercise control over or otherwise have any kind of possession of a firearm or ammunition anywhere in the US, unless the conviction is overturned.
But, it is possible to have offenses like that cleared to restore your federal gun rights, and this is where the lawyer comes in. A lawyer isn't required by law, but they can give you invaluable info to walk you through the process, since many of them handle these cases on a regular basis.
If the FLRB gives a favorable decision, you are no longer federally prohibited. Your local police chief may decide not to give you an LTC after this, but you will definitely be able to get an FID (they're shall issue), and you will no longer be federally prohibited, so you would be able to own or handle guns. An FID would limit your options somewhat more than an LTC would, but it's better than nothing.
Check out the "Guide to gunrights" thread in the general discussion section of the forum to get an idea of how good your police chief is about giving out LTC's. A lawyer could also help you prepare your application for a firearms license which should increase your chances of getting an LTC, but the FLRB would have to come before that.
If you plan to be a casual, hobbyist gun owner only, it may not be worth it to you. If you think you may ever want to touch anything firearms related ever again, it's worth it to get this all straightened out. Also, if you ever wind up living with a gun owner or borrow the car of a gunowner, getting this cleared up will save you from some some very serious potential trouble. Keep in mind, even if you move or travel to another state, unless this is cleared through the FLRB or a governors pardon, you will be federally prohibited.
Weigh the cost vs. benefit and make your decision accordingly. Good luck, and if you have any more questions ask away.
Oh, and one more thing. Keep in mind, even if your records are 'sealed" by Mass. and the FLRB restores your rights, you will still need to disclose the charges when you apply for any firearms license in Mass. If you didn't include that info you could face additional criminal charges and be DQ'ed for life from obtaining a Mass. LTC. I explained that in the LTC DQ's thread which is linked to in my sigline.
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The case is over 10 year old but I remember that I did get 6 month Probation and had to pay fine and probation fee’s and had to submit to random urine test .
The charges were 1st OUI (M.G.L. c. 90, § 24 ) and Reckless Driving .
I lost my license for a couple months and I got it back after paying a fine
Yes the offense involved Alcohol as I did submit to a breathalyzer during the arrest and I was above 0.8 and I was able to post bail the same night and paid 35$ and went to court the next day
I was convicted on those charge and was given 6 month probation and I completed the probation and I have been clean since that time and never got into trouble beside a speeding Ticket.
At that time did not know that having a 1st OUI was going to be a big problem down the line.
The case are closed and have been sealed . I do have the original disposition with me and since the case is sealed I'm not sure if I went to the Chelsea court and requested certified copy if they will give them to me since those convictions have been sealed ,
The charges were 1st OUI (M.G.L. c. 90, § 24 ) and Reckless Driving .
I lost my license for a couple months and I got it back after paying a fine
Yes the offense involved Alcohol as I did submit to a breathalyzer during the arrest and I was above 0.8 and I was able to post bail the same night and paid 35$ and went to court the next day
I was convicted on those charge and was given 6 month probation and I completed the probation and I have been clean since that time and never got into trouble beside a speeding Ticket.
At that time did not know that having a 1st OUI was going to be a big problem down the line.
The case are closed and have been sealed . I do have the original disposition with me and since the case is sealed I'm not sure if I went to the Chelsea court and requested certified copy if they will give them to me since those convictions have been sealed ,
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This may not be true. In fact, it is likely NOT true. More to come when we have proof of this, but if the PD in your town does not give out unrestricted LTC As, your rights may not in fact be restored after the FLRB process. Anyone going through this ABSOLUTELY MUST GET A LAWYER to assist with the process. Because of MA law (and it's intersection to federal law), it is not an easy process to navigate without competent counsel.
I suggested that you go get it because most people don't have that documentation. If you have it you don't need to request it again.
The next step is for you to contact a lawyer to go before the FLRB.
Definitely keep us posted.
The short answer is no. If he had one of these convictions, he's federally DQ'ed no matter where he lives. There's an implication that it's possible to have rights restored in a different state than one was convicted in (random example, DUI in MA, later moves and has rights restored in GA), but I don't think that's ever been tried.
No matter how you slice it, you really need an attorney to help walk you through the process.
Sorry for the confusion. Usually when people ask that question they're implying that you can just move to a free state and forget about your conviction, which is definitely not the case. It's one of the reasons that I suggest people get some quality legal advice before getting into guns if they have any kind of criminal record or any potential gray areas on 4473 questions. If there is a problem on your record there's often ways to get it corrected or overturned, but if you're busted for owning guns when you weren't supposed to, chances are you'll never get to touch them again.
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By MGL MSP shouldn't even be clearing these people for an FID because of the federal prohibition. It just shows how much of a mess the Mass. laws are, that the people doing background checks can't even tell up from down.
GSG,
Not entirely true. Some are FID-eligible by MGLs, but still lifetime prohibited by Fed Law.
Since MA insists on writing it's own laws with no respect to Fed Law (LEOSA is my bitch point, but here, definition of a gun, etc. also illustrate my point) they frequently find that MA law is at odds with Fed Law. The victim of this stupidity is usually some poor slob who doesn't understand that getting a FID does NOT mean you are legally entitled to own/touch guns.
Not entirely true. Some are FID-eligible by MGLs, but still lifetime prohibited by Fed Law.
Since MA insists on writing it's own laws with no respect to Fed Law (LEOSA is my bitch point, but here, definition of a gun, etc. also illustrate my point) they frequently find that MA law is at odds with Fed Law. The victim of this stupidity is usually some poor slob who doesn't understand that getting a FID does NOT mean you are legally entitled to own/touch guns.
Ah, excellent point! I guess someone should tell Ron Glidden and Jason Guida about that!
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