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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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If i have an can I own a gun

Customer Question

If i have an OUI can I own a gun
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Samuel II replied 1 year ago.

Hello

This 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.

Expert:  Samuel II replied 1 year ago.

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.

Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.

Thank you