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  1. #1
    Join Date
    Aug 2013
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    Default Consequences Possession of Ammunition With a Federal Felony Record

    I have been charged with and am going through the criminal process for possession of ammunition without a license in the state of Massachusetts, 269 s. 10, part h 1.

    "(h)(1) Whoever owns, possesses or transfers a firearm, rifle, shotgun or ammunition without complying with the provisions of section 129C of chapter 140 shall be punished by imprisonment in a jail or house of correction for not more than 2 years or by a fine of not more than $500. Whoever commits a second or subsequent violation of this paragraph shall be punished by imprisonment in a house of correction for not more than 2 years or by a fine of not more than $1,000, or both. Any officer authorized to make arrests may arrest without a warrant any person whom the officer has probable cause to believe has violated this paragraph."

    My lawyer told me today that, though this is considered a misdemeanor charge in the state of MA, under federal law, this is considered a felony, and a conviction would automatically deprive me of the right to own firearms or vote in any state of the union. This was news to me; is it correct? This could be the most important factor in whether I bargain or go to trial.

    Best regards.

  2. #2
    Join Date
    Sep 2010
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    19,901

    Default Re: State Misdemeanor, Federal Felony Consequences Possession of Ammunition in Ma

    Your lawyer is only partially correct. First off, the FEDS don't tell the states who they can allow to vote or not. The federal firearm bar is indeed triggered by any crime where you are facing more than a year of imprisonment. Again each state has their own rules as to loss of rights (vote, firearms, juries, licensing, etc...). Some will say felony, some will have words like the feds that say possible imprisonment of more than a year.

    While your lawyer isn't 100% right, getting this conviction is NOTHING to sneeze at.

  3. #3
    Join Date
    Jan 2006
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    38,867

    Default Re: State Misdemeanor, Federal Felony Consequences Possession of Ammunition in Ma

    And you do not get to choose who prosecutes this. It is up to the prosecutors, both state and federal, to determine if they are going to prosecute the crime. Either or both can prosecute their respective laws.

  4. #4
    Join Date
    Aug 2013
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    5

    Default Re: State Misdemeanor, Federal Felony Consequences Possession of Ammunition in Ma

    The state is prosecuting. It's not a federal crime. To clarify, what he's saying is that though this is not illegal under federal law, to have been convicted of a state crime for which the penalty is potentially incarceration for greater than a year would disbar me from owning firearms in any state, due to a federal statute prohibiting the possession of firearms by convicted felons.

    flyingron: could you elaborate? Are you saying that whether I would be allowed to possess or own firearms is a function of the law of the state in which I reside?

  5. #5
    Join Date
    Jan 2006
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    38,867

    Default Re: State Misdemeanor, Federal Felony Consequences Possession of Ammunition in Ma

    I gotcha:

    My lawyer told me today that, though this is considered a misdemeanor charge in the state of MA, under federal law, this is considered a felony,
    that is just plain wrong. A state law is state law. A federal law is a federal law. A state law is nothing under federal law. The laws speaking to losing ones rights to own a gun are based on the descriptions within the federal law


    apparently you can lose your gun rights based on serious misdemeanors in your state.

    https://www.nacdl.org/uploadedFiles/...sabilities.pdf.


    You can scroll down to your state to see the pertinent laws listed.

    this is the list of prohibitions:

    PROHIBITED PERSONS
    1. Indictment or Information for a Felony - This person (indicted for a felony or has a felony information filed against him) has restrictions placed on his firearms activity. He may continue to lawfully possess the firearms and ammunition he already has, but may not ship or take them across State lines and may not acquire more firearms or ammunition affecting interstate commerce: § 922 (n), 5 years.
    2. Felon – This person (convicted of a crime punishable by imprisonment for a term exceeding one year) is not allowed to knowingly possess, ship, transport or receive any firearm or ammunition affecting interstate commerce: § 922 (g)(1), 10 years. It does not matter what sentence the felon actually received.
    a. Definition: § 921(a)(20), a felony crime does not include offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, other similar offenses relating to the regulation of business practices; or the conviction has been expunged, set aside, pardoned, or full civil rights restored unless they expressly provide for no firearms possession.
    b. After a felony conviction, the felon must rid himself of all firearms defined in § 921 (a)(3) (except antique firearms § 921 (a)(16)) - that affect interstate commerce. If later caught with a firearm or ammo, the felon is guilty of violating § 922 (g)(1).
    c. Interstate Commerce, Article I, Section 8, Clause 3, U.S. Constitution, “The Congress shall have Power…To regulate Commerce with foreign Nations, and among the several States…” InScarborough v. U.S. (1977), the Supreme Court held that evidence that a firearm (or ammo) previously crossed State lines is sufficient to prove interstate commerce.
    d. Relief from Disabilities – If a felon did not have his felony conviction pardoned, expunged, etc., he may apply for Relief from ATF under § 925(a)(1). However, Congress has not approved funds for the ATF to conduct Relief investigations for many years except for corporations.
    e. Armed Career Criminal – A person who is convicted of § 922 (g) and has three previous convictions for violent felonies and / or serious drug offenses, committed on different occasions, must be sentenced to not less than 15 years in prison, § 924 (e).
    3. Fugitive – This person (who flees from one State to another State to avoid prosecution) may not knowingly possess etc. any firearm or ammunition affecting interstate commerce: § 922 (g)(2), 10 years.
    4. Unlawful user of or addicted to a controlled substance – This person may not knowingly possess, etc. any firearm or ammunition affecting interstate commerce: § 922 (g)(3), 10 years. 27 C.F.R. 478.11.
    5. Adjudicated a mental defective or committed to a mental institution – This person may not knowingly possess etc. any firearm or ammunition affecting interstate commerce: § 922 (g)(4), 10 years. § 478.11.
    6. Illegal alien - This person may not knowingly possess, etc. any firearm or ammunition affecting interstate commerce: §922 (g)(5), 10 years.
    a. Non-Immigrant on a Visa (tourist, student, etc) – This person may not possess etc. any firearm or ammunition affecting interstate commerce: § 922 (g)(5), 10 years, unless the alien falls under an exception or has a DOJ waiver described in § 922 (y)(2)&(3).
    7. Dishonorably discharged from the armed forces – This person may not knowingly possess etc. any firearm or ammunition affecting interstate commerce: § 922 (g)(6), 10 years.
    8. Renounced U.S. citizenship - This person may not knowingly possess etc. any firearm or ammunition affecting interstate commerce: § 922 (g)(7), 10 years.
    9. Intimate partner under restraining order - where both parties had opportunity to present evidence prior to issuance of order – This person may not knowingly possess etc. any firearm or ammunition affecting interstate commerce: § 922 (g)(8), 10 years.
    10. Convicted of a misdemeanor crime of domestic violence - This person may not knowingly possess etc. any firearm or ammunition affecting interstate commerce: § 922 (g)(9), 10 years. (Exceptions: a conviction that has been expunged, set aside, pardoned, or full civil rights restored, unless they expressly provide for no firearms possession; a conviction which did not have as an element the use or attempted use of force, 921 (a)(33)(A)).
    11. Juvenile and Handgun –This person (under 18 years of age) may not knowingly possess a handgun or handgun only ammo: § 922 (x)(2), 1 year. Exceptions: he has the prior written consent of his parent or guardian for use in employment, in ranching, farming, target practice, hunting, or a course in the safe and lawful use of a HG; the juvenile is a member of the Armed Forces or National Guard; or as protection during a home invasion.

    take note, there is a difference between prison time and jail time for the purposes of losing your rights.

    Your rights, or the withdrawal of them, is based upon the conviction of a crime in any given state. If convicted in MA of a crime which would trigger the loss of your rights, then until your rights are restored in that state, your federal rights are suspended.


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