Well it turns out that after a 2nd attempt at a NICS application I was DENIED yet again. This time when I called the lady on the other end said that they can not release information over the phone. Long story short.... I am a NH resident and had a DUI in June 2006 in MA with a MA license (before I became a NH resident). So that being said, one of the automatic disqualifiers is having a DUI in MA.... even though I am in NH.... Anyone else confused? Yea, so am I... still like WTF!?
So digging a little deeper I found that I can not expunge my criminal record of the DUI in MA at all.... which means that I can NEVER own a gun legally... unless I move to Texas... which is still a 50/50 chance.... Just one of those things I guess... time to start a white house petition?
If one of your DUIs was a felony (punishable by serving a year in prison) or a state misdemeanor punishable by serving two years in prison, you cannot purchase a firearm in any state through a FFL. The key here is what time you could have served not what your sentence was.
If neither of your DUIs fall into the above catagories, then MA may have misreported your convictions or there could be some other screwup. In any case, if NICS has you flagged it will stay that way until you start the appeal process (see link in previous post) and get things cleared up.
Good luck.
Edit: In the state of MA, the punishment for a OUI is up to 2 1/2 years
MA oui Brochure.pdf. This will affect your abilty to purchase a firearm through an FFL.
NICS Fact Sheet (scroll down to "Federal Categories of Persons Prohibited From Receiving")
