who's succesfully got their LTC after having DUI conviction expunged.

As far as I can tell, the FLRB continues to grant relief to eligible individuals including those with OUIs. As Mr. Boudrie and other have pointed out, the problem then becomes passing a NICS check.

Given the recent en banc victories in Binderup, Suarez, and Tyler, the time may be ripe to challenge the federal prohibition based upon a Massachusetts OUI. There trick however is not making one's self subject to federal felon in possession charges in the process.

If you plan to go through the FLRB process you'll have to complete all the LTC application requirements including taking a basic firearm safety course. The problem is that the documentation you submit as part of your FLRB petition usually serves as evidence that, as a prohibited person, you've been in possession of firearms.

You simply cannot challenge the federal prohibition if your FLRB petition contains evidence that you committed a felony.

Not necessarily. Hunter Ed does not require that you handle any firearms. I took it a few years ago (poorly run course) and an instructor held up each gun type in the corner of the room. That was as close as anyone got to a gun.

Other courses require you to load/unload dummy rounds, etc. and do cause the problem you are concerned with.


What if he takes another version of the basic firearms course? I noticed some places on Groupon use laser targets vs. live fire. Those laser guns might not be firearms per MGL/Fed law.

Most of the laser courses use real guns with a laser inserted in the barrel. You'd need a course run only with a SIRT gun (fake gun) to avoid that trap.
 
What if he takes another version of the basic firearms course? I noticed some places on Groupon use laser targets vs. live fire. Those laser guns might not be firearms per MGL/Fed law.
That would likely be fine.

Not necessarily. Hunter Ed does not require that you handle any firearms. I took it a few years ago (poorly run course) and an instructor held up each gun type in the corner of the room. That was as close as anyone got to a gun.

Other courses require you to load/unload dummy rounds, etc. and do cause the problem you are concerned with.

Most of the laser courses use real guns with a laser inserted in the barrel. You'd need a course run only with a SIRT gun (fake gun) to avoid that trap.
I think this is right on point.
 
KD,

How about someone who either took the course PRIOR to an OUI or had a LTC PRIOR to the OUI, guns were confiscated and now goes to FLRB, gets LTC back and proceeds with a court case?

If otherwise squeaky clean, that sounds like your ideal plaintiff.
 
KD,

How about someone who either took the course PRIOR to an OUI or had a LTC PRIOR to the OUI, guns were confiscated and now goes to FLRB, gets LTC back and proceeds with a court case?

If otherwise squeaky clean, that sounds like your ideal plaintiff.

You can't be prosecuted as a felon in possession for possessing firearms BEFORE you were a felon. I think that's what you're asking. I think that would be fine.

Also, I believe that the statute of limitations on this is five years.
 
You can't be prosecuted as a felon in possession for possessing firearms BEFORE you were a felon. I think that's what you're asking. I think that would be fine.

Also, I believe that the statute of limitations on this is five years.

Statute of limitations five years on the felon in possession charge?
 
KD,

How about someone who either took the course PRIOR to an OUI or had a LTC PRIOR to the OUI, guns were confiscated and now goes to FLRB, gets LTC back and proceeds with a court case?

If otherwise squeaky clean, that sounds like your ideal plaintiff.
That would be nice and clean, provided there was not touching/possession of guns or ammo post conviction.
 
Not necessarily. Hunter Ed does not require that you handle any firearms. I took it a few years ago (poorly run course) and an instructor held up each gun type in the corner of the room. That was as close as anyone got to a gun.

Other courses require you to load/unload dummy rounds, etc. and do cause the problem you are concerned with.




Most of the laser courses use real guns with a laser inserted in the barrel. You'd need a course run only with a SIRT gun (fake gun) to avoid that trap.

Hunter Ed courses are valid for LTC issuance per MGLs, and have no "real guns" as part of the course requirement. Currently, the demonstrator units used are non-firing replicas.

No trap that way.
 
As far as I can tell, the FLRB continues to grant relief to eligible individuals including those with OUIs. As Mr. Boudrie and other have pointed out, the problem then becomes passing a NICS check.

Given the recent en banc victories in Binderup, Suarez, and Tyler, the time may be ripe to challenge the federal prohibition based upon a Massachusetts OUI. There trick however is not making one's self subject to federal felon in possession charges in the process.

If you plan to go through the FLRB process you'll have to complete all the LTC application requirements including taking a basic firearm safety course. The problem is that the documentation you submit as part of your FLRB petition usually serves as evidence that, as a prohibited person, you've been in possession of firearms.

You simply cannot challenge the federal prohibition if your FLRB petition contains evidence that you committed a felony.

Wasn't it true at one point that BATFE said they wouldn't prosecute people who got FLRB relief (the fact of the NICS failure aside) but then they reneged on that and now claim that they will?

-Mike
 
Wasn't it true at one point that BATFE said they wouldn't prosecute people who got FLRB relief (the fact of the NICS failure aside) but then they reneged on that and now claim that they will?
The claim probably falls short of that necessary to raise an entrapment by estoppel defense, because they are saying they wil not prosecute; not claiming the act is legal.

There is a huge difference between not prosecuting as a matter of general policy and not prosecuting someone who is listed as a plaintiff against the BATFE and needs to be neutralized as a legal threat.
 
If the laws weren't written with the intent of making a lot of non violent people uneligble to own firearms.

They are not working properly, and need to at least have amendments added to them. This is important since peoples costitutional rights are being stripped away for the rest of their lives...
 
Statute of limitations five years on the felon in possession charge?
I believe so, but don't quote me on it if it buts someone in legal jeopardy.

I don't know, but I'd bet not. I'll bet each day you're in possession is a new violation.
^Yes.

Hunter Ed courses are valid for LTC issuance per MGLs, and have no "real guns" as part of the course requirement. Currently, the demonstrator units used are non-firing replicas.

No trap that way.
^Yup

Wasn't it true at one point that BATFE said they wouldn't prosecute people who got FLRB relief (the fact of the NICS failure aside) but then they reneged on that and now claim that they will?

-Mike
I don't know about this. I don't think they go after people who fail NICS checks and they do give people a chance to get rid of their guns when this comes up.

The point here is that it would be pretty reckless to sue the federal government if your pleadings contained evidence that you'd committed a felony.
 
Just fount this on comm2a website... You are not even allowed to carry mace in Mass if you've been convicted of an oui...


Mace and Pepper Spray
The legislature has finally made it legal to possess mace or pepper spray without a
license. Chemical sprays designed to incapacitate were removed from the definition of
ammunition in MGL Ch 140 §12124. Anyone eighteen years of age or older may
possess mace or pepper spray without a license unless they are prohibited as
follows25:
 Has been convicted or adjudicated as a youthful offender or delinquent child for
any:
o Felony;
o Misdemeanor punishable by more than 2 years;
o Violent crime26;
o Crime relating to unlawful use or possess of weapons or ammunition for
which a term of imprisonment may be imposed;
o Law regulating use, possession, or sale of a controlled substances;
 Has been committed to a hospital or institution for mental illness unless the
person obtains an affidavit from a physician or clinical psychologist;
 Has been in recovery from or committed based upon a finding of having alcohol
or substance abuse disorder unless five years have passed and the applicant
obtains an affidavit from a physician or clinical psychologist;
 
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