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Am I Allowed to Carry a Gun in Massachusetts After Being Convicted for OUI?

Posted on : November 19, 2018
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Have you recently been convicted of OUI in Massachusetts or driving under the influence of alcohol?

You’ll no doubt have questions about how such a conviction can impact your future and what you assume to be a minor omission or mistake could come back to haunt you.

A common question asked of criminal defense attorneys working in Massachusetts with OIU issues is whether or not the convicted person is eligible to possess a gun after a conviction. This depends on multiple factors including whether or not the OUI conviction was for a misdemeanor or a felony, whether anyone was injured, and whether there were any aggravating circumstances.

Third OUIs or OUIs charged and convicted after that point are classified as felony offenses and convicted felons are not allowed to obtain a gun permit or a firearm identification card in Massachusetts. Furthermore, a felony is a serious matter because this refers to any crime that is punishable by at least one year in a state prison.

Even in the event that the sentence is reduced to less than one year, that individual could be classified as a felon. Furthermore, while a third and further OUI is an automatic felony, first and second offenses can also be elevated to the level of felonies in certain situations.

This is why you need an experienced Massachusetts OUI defense attorney immediately. This can be especially problematic if you have a significant other such as a spouse who legally owns a gun in an area in which it is accessible to you.

This spouse could be accused of violating the law and you could still be charged with unlawful possession even if you did not know that the gun was in your home if the gun was eventually discovered by a law enforcement officer.

 

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