I have an OUI conviction in MA. I also have an aggravated OUI conviction in NH. It's aggravated because the breathalyzer was more than double the allowable limit. I believe these are both first offenses. It has been more than 12 years since these happened. There is a question on the FFL application I am unsure how to answer. It reads: Have you ever been convicted of a felony or any other crime for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence, including probation? There is a note underneath which states: You may answer no if (a) if you have been pardoned or (b) the conviction has been expunged or set aside.
MA will preclude you from owning a firearm for OUI, NH will not. The Feds will likely deny your application because of MA. You should seal your MA record and annul your NH record. You'll likely be granted an FFL after the seal & annulment.
DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT A QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE.
You need to know if the charges you have on your record are misdemeanor or felony. Typically, even aggravated DUI/OUI is a misdemeanor in most states, unless the number or priors makes it a felony or the there is serious bodily injury. Call the clerk's office where you received the charges and ask if it was a felony or misd.
The answer provided is for educational purposes only. It does not constitute legal advice or create an attorney-client relationship. You should consult an attorney for legal advice regarding the facts of your specific case and designed to help you with your personal needs.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline