Criminal Law Questions? Ask a Criminal Lawyer.
HelloThis is Samuel and I will discuss this and provide you information in this regard.The possible penalty for a first time OUI is up to 30 months. That is 2 and 1/2 years that the court could sentence for a conviction. And because the possible sentence is at least 2 years, there are federal restrictions. The law states that any misdemeanor conviction that carries a possible penalty of up to 2 years, will prohibit firearm rights.It does not matter what the sentence actually was that the court imposed. Only that the possible penalty allows for at least 2 years.So the answer is no. If you have an OUI in Massachusetts and since the possible penalty if up to 2 and 1/2 years you would not be allowed to own a gun under federal law.
Actually the law says up to a possible 1 year penalty. I accidentally typed 2 years.18 USC § 922(g)(g) It shall be unlawful for any person—(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
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