Grant Clemency to Christopher Smart, and reinstate his Constitutional Rights.

The Issue

I currently have a seizure disorder and have suffered with them most of my life. In the midst of an attack at the age of 18, nearly 20 years ago, I was informed that I assaulted two juvenile workers during my episode. I was then charged with two counts of misdemeanor assault and battery on September 25, 1996.

When I went to court, a guilty verdict was entered with no jail time required.

Under Massachusetts Law, Chapter 265 Section 13A, (a) Whoever commits an assault or an assault and battery upon another shall be punished by imprisonment for not more than 2 1/2 years in a house of correction or by a fine of not more than $1,000.

Because of this law, I am now classified as a prohibited person under Federal Law to own or possess a firearm.

In October 2012, I placed a firearm on layaway and filled out the ATF-4473 form. I also passed all required background checks.

In December of 2012, I filed for my New Hampshire Pistol/Revolver License and passed that background check as well. Later in the month I picked up the purchased firearm and left the store with no issues.

In April 2015, I went to purchase another firearm and filled out the ATF-4473 form. I did so the same way I did in 2012, except this time I was denied! After contacting the New Hampshire State Police, I was informed that I lied on the ATF-4473 question 11-C which states: "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?"

When I was charged in 1996, I was not informed by my legal counsel that these charges carried more than a one year sentence.

After my investigation with the New Hampshire State Police in April 2015, I was informed that my license to carry was also going to be revoked.

A few days later, my local police chief sent me a letter stating my license to carry had been revoked, and I had 10 days to surrender it. I surrendered the license the same day I received the letter.

Since these charges in 1996 I don’t have any criminal charges - not even so much as a speeding ticket. However, I feel like all hope is now lost, as my lawful right to keep and bear arms is nothing more than a distant memory.

This petition had 63 supporters

The Issue

I currently have a seizure disorder and have suffered with them most of my life. In the midst of an attack at the age of 18, nearly 20 years ago, I was informed that I assaulted two juvenile workers during my episode. I was then charged with two counts of misdemeanor assault and battery on September 25, 1996.

When I went to court, a guilty verdict was entered with no jail time required.

Under Massachusetts Law, Chapter 265 Section 13A, (a) Whoever commits an assault or an assault and battery upon another shall be punished by imprisonment for not more than 2 1/2 years in a house of correction or by a fine of not more than $1,000.

Because of this law, I am now classified as a prohibited person under Federal Law to own or possess a firearm.

In October 2012, I placed a firearm on layaway and filled out the ATF-4473 form. I also passed all required background checks.

In December of 2012, I filed for my New Hampshire Pistol/Revolver License and passed that background check as well. Later in the month I picked up the purchased firearm and left the store with no issues.

In April 2015, I went to purchase another firearm and filled out the ATF-4473 form. I did so the same way I did in 2012, except this time I was denied! After contacting the New Hampshire State Police, I was informed that I lied on the ATF-4473 question 11-C which states: "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?"

When I was charged in 1996, I was not informed by my legal counsel that these charges carried more than a one year sentence.

After my investigation with the New Hampshire State Police in April 2015, I was informed that my license to carry was also going to be revoked.

A few days later, my local police chief sent me a letter stating my license to carry had been revoked, and I had 10 days to surrender it. I surrendered the license the same day I received the letter.

Since these charges in 1996 I don’t have any criminal charges - not even so much as a speeding ticket. However, I feel like all hope is now lost, as my lawful right to keep and bear arms is nothing more than a distant memory.

The Decision Makers

Massachusetts Lieutenant Governor Karyn Polito
Massachusetts Lieutenant Governor Karyn Polito

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