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Appeals court hears argument that trial counsel failed to warn OUI defendant about lifetime firearms ban
Summary
In Commonwealth v. Ehrler (24P983), appellant’s counsel argued the trial lawyer provided ineffective assistance by not advising that a guilty finding would permanently bar firearms possession nationwide; the Commonwealth urged precedent treating firearms-disability consequences as collateral for counsel-advice claims.
Neil Tassler, counsel for the appellant in Commonwealth v. Ehrler (24P983), told the Massachusetts Appeals Court that trial counsel erred by not advising his client about the risk that a guilty finding on an OUI-related misdemeanor would trigger a permanent bar on firearm possession. "A continuance without a finding would have avoided the dire consequences that Mr. Ehrler faces — the permanent loss of his second amendment rights," Tassler said during oral argument, urging the court to treat the failure to advise the client about that consequence as ineffective assistance of counsel.
The issue, Tassler said, is whether Padilla-style advice…
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