Does a DUI/OUI (or 2) auto disquality from concealed carry lisence?
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Thread: Does a DUI/OUI (or 2) auto disquality from concealed carry lisence?

  1. #1

    Does a DUI/OUI (or 2) auto disquality from concealed carry lisence?

    I live in MA I'm 43, I was convicted of OUI when I was 19 and then again when I was 25. I also have a minor in -possession of alcohol from when I was 19. At that time the '2nd' conviction counted as a 1st conviction as 7 years had passed and that was the law at the time. It was also not an offense punishable by 2 years in prison as even a max sentence. I am now a very responsible person who works helping the mentally ill for a living.
    Does this automatically disqualify me from having a Concealed Carry permit for life? What about a license where I can transport to and from a firing range and/or a license to purchase so I can have a handgun in my home for protection. I am responsible with alcohol now and have been since the age of 25, no drinking and have not been in any trouble with the law since that time 18 years ago.

    Would residing in one town make a difference over the other? To be honest, while I greatly value the right to bear arms I am not particularly interested in carrying a firearm around with me. But I do have a wife now; and I was attacked at knife point in my home by a junkie like 10 years ago, it changed me forever and I would never be able to live with myself if something similar happened again and my wife was harmed.

    Any advice appreciated. I would really just like to join a gun club to learn gun safety and to shoot properly and accurately and to have a handgun in my home for home safety for me and my wife (and possibly a child if we are blessed enough to have one.

    Please help me with some advice guys and gals as to my best course of action from here.
    Much Thanks for any help or advice you can offer me to help with my situation, and more importantly for defending the second amendment!

  2.   
  3. #2
    I can't tell you about MA but I would advise you to check with your local agency that issues whatever permit(s) that you need rather than totally relying on an Internet forum. Since it was 18 years ago for your second conviction in most cases that would not be a prohibition but it varies greatly by states. Check with your local Sheriff is the best way,

  4. #3
    Join Date
    Jul 2009
    Location
    Mass. Northshore
    Posts
    153
    Im from Mass. When I went to take the class, the instuctor asked if I had a dui before he even took my money, and said you cant get a licence with a dui

  5. #4
    Join Date
    Sep 2009
    Location
    Eastern North Carolina
    Posts
    268
    It varies frojm state to state. In some states, a single alcohol related conviction will disqualify you.

    Here in NC, the standard is no DUIs in the past 5 years.

    You should be able to find a list qualifications/disqualifiers online in your state's statutes.



    bill

  6. In massachusetts it varies greatly from town to town. It is the sole discretion of your local police chief, so the issuance of permits will vary as the beliefs of the chief vary. I believe your best course of action is to ask around the community, find some people who have been issued or denied by your local chief. The barber shop is always a great place to find out things about your community.

    I have a Mass carry permit but since Im a RI resident it was issued by the mass state police.

    Just my opinion... not neccesarily fact.
    Retired US Army Medic
    Proud Husband, Dad and Christian
    www.nationofshooters.com

  7. #6
    Quote Originally Posted by billwot View Post
    It varies frojm state to state. In some states, a single alcohol related conviction will disqualify you.

    Here in NC, the standard is no DUIs in the past 5 years.

    Your post doesn't indicate what state you're in, but you should be able to find a list qualifications/disqualifiers online in your state's statutes.



    bill
    I live in MA I'm 43,
    First four words of his post.

  8. #7
    Join Date
    May 2008
    Location
    Panhandle, Idaho
    Posts
    279
    Here's the statute: *M.G.L - Chapter 140, Section 131


    (i) has, in any state or federal jurisdiction, been convicted or adjudicated a youthful offender or delinquent child for the commission of (a) a felony; (b) a misdemeanor punishable by imprisonment for more than two years; (c) a violent crime as defined in section 121; (d) a violation of any law regulating the use, possession, ownership, transfer, purchase, sale, lease, rental, receipt or transportation of weapons or ammunition for which a term of imprisonment may be imposed; or (e) a violation of any law regulating the use, possession or sale of controlled substances as defined in section 1 of chapter 94C;

    (ii) has been confined to any hospital or institution for mental illness, unless the applicant submits with his application an affidavit of a registered physician attesting that such physician is familiar with the applicant's mental illness and that in such physician's opinion the applicant is not disabled by such an illness in a manner that should prevent such applicant from possessing a firearm;

    (iii) is or has been under treatment for or confinement for drug addiction or habitual drunkenness, unless such applicant is deemed to be cured of such condition by a licensed physician, and such applicant may make application for such license after the expiration of five years from the date of such confinement or treatment and upon presentment of an affidavit issued by such physician stating that such physician knows the applicant's history of treatment and that in such physician's opinion the applicant is deemed cured;
    Seems to me unless your DUI was a felony, you would indeed qualify under the law. I think the last paragraph would be a stretch, besides it's well past 5 years.

  9. We have traveled through MA each of the past six years on our way to ME in the fall. I did not think that MA issued permits to out of state residents. Would it be woth it for me to look in to this as an OH resident, or is it nearly impossible to get a permit if you do not live in a bordering state?

    Thanks,


    Neal

  10. #9
    Quote Originally Posted by Stiofan View Post
    Here's the statute: *M.G.L - Chapter 140, Section 131



    Seems to me unless your DUI was a felony, you would indeed qualify under the law. I think the last paragraph would be a stretch, besides it's well past 5 years.

    The 2nd DUI (nor the first) was def NOT a felony. In fact the 2nd went on record as a 1st at the time due to the ways the laws were less restrictive back then. I am also pretty sure that the offense was not punishable by more than 2 years at the time.

    I'm in no big rush to try to get anything happening but want to say, hey! thanks for all the support and follow up posts guys! I didn't expect to see any posts at all like a day or 2 later lol, this site is really cool.

    I don't think I will be moving states to get a firearm (I know I can get a rifle/shotgun already) but what do you guys think my best course of action might be? Should I outright ask a gun club owner/director (there is one 2 min from my house), should I just sign up for a safety course and see where I can go from there?

    If it comes down to them trying to prove some sort of alcohol tx on my part I doubt a doctor would write anyone is 'cured', would they? I mean, there is NO percentage in it for them and a BIG one against it. I sure as hell would NEVER write one for any patient under any circumstances simply to protect my medical practice.

    If I can eventually get a license to purchase so I can own one and keep it in my home I will be happy, but I imagine that it would only be responsible to do if I also had permission to go to and from a gun club to practice shooting, cleaning, etc. I"m good with books but wouldn't want to base all my firearms knowledge on book learning lol.

    And I suppose I can look over the towns that are more friendly (my sis and her hubby go concealed to carry without any problems at all, didn't have to have anyone 'of good standing in the community' write them letters, nothing like that at all.

    It just seems unfair that my past could haunt me like this for the rest of my entire life, especially when i had a junkie break into my house and come at me with a carving knife and I had my **** in my hand.... If I had a gun it would have been all over, he drops it and waits till cops come (he only got time served btw, despite having actually stabbed 2 people in the past under similar circumstances (I happened to know him so think he dropped the knife when I instructed him to because he knew me and at least used to like me. But if anything like that happened now while I am here with my wife, I don't know if I will be able to live with myself if anything at all happened to her. All i have now is a big fat pipe hanging on my bedpost for protection at this point.

  11. some states , you had to have a clean record 15 years after you can apply ccw license...but you need to check your MA sate police station or ccw agency.
    NRA Life Member

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