Wednesday, February 26, 2014

Is a sealed criminal record considered in applying for a firearms license?

A sealed criminal record in Massachusetts does not mean the record is sealed for all purposes.  While a potential employer would not be able to view a sealed record, there are exceptions.  One example of an exception is for a "legitimate law enforcement purpose."

Even if your criminal record is sealed, an application for a firearms license in Massachusetts is deemed to be a "legitimate law enforcement purpose", and the reviewing agency would be able to see that there is a sealed record.

In addition, if the sealed record were a conviction for a disqualifying crime, you would remain ineligible by statute to obtain a license.  In addition, if the conviction is not an automatic disqualifier, the existence of that sealed record (and police records pertaining thereto) may still be used by the issuing department to address the issue of the applicant's suitability for a LTC.


2 comments:

  1. I agree, but there are some countries where gun laws are made so strict that even a person who is accused of DUI cannot apply for the firearms license. I don't get what DUI has got to do with firearms license in the first place. Thanks Justin for the article. I enjoyed reading it and found it very informative.

    Regards,
    Scott Edvin

    ReplyDelete
    Replies
    1. Scott,

      Thanks for your comment. FYI, one of those countries you refer to is the United States of America, depending on which state you are charged with DUI in. In some states DUI is a felony charge, and therefore could be an automatic disqualifier for the issuance of a firearms license.

      Delete

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