# Old OUI effect me getting Class A?



## CEA (Feb 28, 2011)

Hello all and apologies if this quesiton has been asked, I did some searching around the site but could find what I was looking for.

So I've got a OUI and Class D possesion(small amount) arrest from 12 years ago when I was 20, I'm about 90% sure I pleasded No Contest, was given probation and sent to a weekly alcohol meeting for 4 months. Can anyone tell me if my record will keep me from obtaining a gun permit? If I'm denied a class A will I automatically be issued a class B?

My record's been clean since then, 1 speeding ticket or 2. Oh and I live in Worcester.


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## Mozzarella (Apr 8, 2006)

CEA said:


> Oh and I live in Worcester.


You live in WORCESTER? DENIED!


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## 263FPD (Oct 29, 2004)

Irrelevant as to where you live. An old OUI (12 years isnt that old by the way) can and will be used as a reason to deny your application based on unsuitability. 

You can try, but I doubt it will be a positive experience.


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## CEA (Feb 28, 2011)

So will I be denied _all_ classes? B? Or even an FID card? I'm mainly interested in home defense so a good 12ga would be nice...


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## 47turksinajar (Oct 24, 2010)

try and apply and let us know


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## justanotherparatrooper (Aug 27, 2006)

got nothin to lose but your money and time...id go for it


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## DEI8 (Jan 20, 2006)

I was gonna comment but amazingly I keep loosing my though when JAP happens to have the last post.:stomp:

Your not playing fair JAP


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## Eagle13 (Jun 12, 2008)

check out Northeastshooters.com - Northeastshooters.com News

They can give you more info on what you can do or legal aid you can talk to.


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## TacEntry (Nov 29, 2006)

Mozzarella said:


> You live in WORCESTER? DENIED!


X2! Worcester is definately a challenge...


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## Tuna (Jun 1, 2006)

CEA said:


> So I've got a OUI and Class D possesion(small amount) arrest from 12 years ago when I was 20,.


With that class D, even though it is now decriminalized, it's always been a disqualifier. Good luck


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## niteowl1970 (Jul 7, 2009)

CEA said:


> So I've got a OUI and Class D possesion(small amount) arrest from 12 years ago when I was 20


That's the way it often works out. Bad decisions can sometimes come back to haunt you. The issuing chiefs don't give a shit if you've kept your nose clean since. They see the issue in black and white and most won't take the chance on signing off on a class A for anything less than perfect.


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## HuskyH-2 (Nov 16, 2008)

*You drink......you drive......you dont get your class a*


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## CEA (Feb 28, 2011)

Thank you all for your input, even though I've been hopeful this past week your replies are pretty much what I expected. But can anyone tell me if I'm banned from ALL gun permits? I'd honestly be pretty happy with an FID card...


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## theGUNshow (Jul 14, 2010)

My cousin got an OUI when he was 19 and still got his class A at 21 or 22. We live in a smaller town, and I dont know how Worcester operates, but there could still be some hope...


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## USM C-2 (Oct 27, 2010)

OK, this is based on more than 5 year old info... but OUI used to be a maximum 2 year HOC sentence, which did not trigger the federal disqualification for the equivalent of a federal felony (any state crime providing for imprisonment for greater than 2 years).

After a certain point OUI became a 2 1/2 year misdemeanor, which DID count as a federal disqualification.

Class C and D FID's at one time were mandatory issue if no state-disqualifying offenses, but OUI was not one of them... which could lead to someone being issued an FID (mandatory issue) but being federally disqualified to possess firearms or ammo or its components. 

If this strikes you as confusing and contradictory, you would be correct.

And, of course, things have certainly changed since then. I am sure the pertinent laws have been overhauled to make things simple and obvious and easy for the applicant to under... *SMACK*

Sorry, all better now.

Basically as stated here, the only way to find out is to apply.


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## DoItNow22 (Jul 31, 2010)

Best bet would be to move out of Worcester! Join the Gun Owner's Action League or contact a qualified firearms attorney before you submit your application.

Like others have said, you won't know until you apply...


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## CEA (Feb 28, 2011)

theGUNshow said:


> My cousin got an OUI when he was 19 and still got his class A at 21 or 22. We live in a smaller town, and I dont know how Worcester operates, but there could still be some hope...


Wow, from everything I've heard and been told that sounds like quite an exception. Was your cousins parents in tight with the towns cheif?



USM C-4 said:


> OK, this is based on more than 5 year old info... but OUI used to be a maximum 2 year HOC sentence, which did not trigger the federal disqualification for the equivalent of a federal felony (any state crime providing for imprisonment for greater than 2 years).
> 
> After a certain point OUI became a 2 1/2 year misdemeanor, which DID count as a federal disqualification.
> 
> ...


I actually think I know what your talking about lol. I read something very similar on a lawyers website, and yah the laws change so often it's hard to keep up.



DoItNow22 said:


> Best bet would be to move out of Worcester! Join the Gun Owner's Action League or contact a qualified firearms attorney before you submit your application.
> 
> Like others have said, you won't know until you apply...


Well I tell you if I keep hitting a brick wall with this I might have to move the hell outta MA all togethor LOL! Joining GOAL might be a good idea, their headquarters is in Northborough not 15min away, I'll contact them this week and see what they have to say


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## DoItNow22 (Jul 31, 2010)

I hear NH is a nice place to live, and soon you might not even need a License to Carry!


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## TacEntry (Nov 29, 2006)

DoItNow22 said:


> I hear NH is a nice place to live, and soon you might not even need a License to Carry!


But they'll still arrest you for drunk driving! :martini_shaken::martini_shaken::martini_shaken::martini_shaken:


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## John J (Jul 18, 2002)

Keep in mind even if you do get a permit, when you go to a gun shop to purchase a firearm you have to fill out a form called a 4473. This form asks you a bunch of info. One of the questions asks: have you ever been convicted of a felony or ANY crime where a judge *could have* imprisoned you for more than 1 year.

If you answer "yes" to this question, your purchase will be denied.


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