# FID/LTC and DUI CHARGE?



## [email protected] (Dec 29, 2005)

All my books and documents for Massachusetts Laws are outdated. I've been out of the loop for a while. I used to have my LTC. Since obtaining it I was found guilty of a DUI. I haven't applied for my LTC or FID since then. 
I'm assuming that maybe the DUI conviction might be up to the discretion of the town/city. Some people tell me state wide I'm unable to get my license forever. Others say I can get it after a time lapse and some say a DUI has little to no effect on the determination.
Can I please receive feedback from a knowledgeable individual?? Thank You in advance.



[email protected] said:


> Can I please receive feedback from a knowledgeable individual?? Thank You in advance.


Justin, contact the licensing authority where you reside.

Response to http://www.masscops.com/threads/105701/

One statutory disqualifier to an LTC is having a conviction with any crime punishable by incarceration greater than two years--not the amount of time you actually served, but the maximum amount of time the crime was punishable by.

In May 1994 the MA legislature increased the punishment for 1st Offense OUI from under 2 years to 2.5 years. Ergo, anyone convicted of an OUI after May 1994 is statutorily disqualified from being issued an LTC; those with convictions prior to May '94 are not.

After a period of time (5 years?) one can reapply for an LTC, but on this issue I'm less sure.

A separate issue is the federal felon prohibition, which places a similar restriction on possession and purchase by those convicted of crimes punishable by more than a year in jail.

In the case of an OUI conviction after May 94, there's really nothing a chief can do. For convictions before May 94, a chief has wide latitude and could use "suitability" discretion to prevent a issuance. In this case, follow LECSnipers advice.


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