Can I qualify for a License to Carry if I've been arrested?

In Massachusetts, only certain criminal convictions are deemed to be disqualifications under M.G.L. c. 140 s. 131.  However, if you are arrested or charged with certain crimes, such as assault and battery, the licensing officer in your town may still consider this in determining an applicant's suitability for a license.

Firearms licensing (with respect to the License to Carry Firearms) in Massachusetts utilizes a two-prong test, and grants significant discretion to the chief law enforcement officer as to whether the license will issue.  Although the offence will not disqualify you as a matter of law under s. 131, the existence of the record and the underlying incident may be considered by the chief as evidence of "unsuitability", which could result in the denial of an LTC/A.

Should the license be denied, you may be able to appeal the denial within 90 days to the local district court.  (M.G.L. c. 140 s. 131).

Additionally, depending on the age of the criminal record, and the circumstances of the case, you could consider applying for a Massachusetts Firearm Identification Card.  The FID will only permit you to posses non-high capacity rifles and shotguns (no handguns), but such license must be issued by the chief law enforcement officer if the applicant is not statutorily disqualified from obtaining said FID.  (See M.G.L. c. 140 s. 129B).  

I am moving to Massachusetts from another state, do I need a gun license?

If you wish to bring guns with you from another state to Massachusetts, or to purchase and possess firearms in Massachusetts, then you need to obtain a license.  To obtain an LTC (License to Carry) or an FID (Firearms Identification Card) you need to follow the same process as a current resident of Massachusetts, which we outline in this previous post: How do I obtain a gun license in Massachusetts?

Some firearms or accessories that may be legal in other states may not be legal in Massachusetts or may only be legal to possess if you obtain the full LTC/A.  You should confirm that any firearms you bring in are legal to possess in Massachusetts and that you have applied for the correct license to possess that firearm.

It is also important to note that the law exempts the move in and possession of firearms in the home for new residents for sixty (60) days.  Until you receive the proper license, do not transport any firearms and/or ammunition.

While there is this “grace period” for new residents, new license applications are taking more than the 60 days allotted by statute so you should apply right away.  Additionally, it may be necessary to temporarily store your firearms with a properly-licensed individual or FFL until your license is approved to be in full compliance with the law.

How do I obtain a gun license in Massachusetts?

In Massachusetts to legally possess firearms you need to have an LTC (License to Carry) or a FID (Firearms Identification Card).  Since the LTC allows you to possess more types of firearms than the FID and obtaining an LTC/A (Class A) will also grant you the rights and privileges that attach under the lesser FID, we recommend that everyone apply for an LTC/A.  You do not need to apply for both licenses.  (See M.G.L. c. 140 §§ 129B and 131).

You will need to apply to the Chief of Police of the Massachusetts town in which you reside, or, if you own a business, the Town in which you reside or own a business.  The official state application for an LTC/A is a three-page form; however some towns have additional requirements, such as additional letters of recommendation, or request that you sign a memorandums on the lawful use of force.

We suggest that you contact the police department in the town you intend to reside, and request their “packet”, which will have all the forms required.  The fee to apply for an LTC/A is $100.00.  (See M.G.L. c. 140 § 131).

Before you can submit your application, you will need to take a firearms safety course approved by the Massachusetts State Police.  There are a number of certified courses available, and you should not have any difficulty obtaining a safety course certificate.  Most instructors charge between $60.00 and $100.00 for the basic firearms safety course, and the course generally runs four (4) hours.  When signing up for the course, be sure to confirm beforehand that the course is sufficient to obtain your LTC.

Even once you have your LTC/A there are many restrictions on the types of firearms you can own in Massachusetts and on how you must store and otherwise maintain them.  Given the intricacies of Massachusetts firearms laws and the unique legal issues facing firearms owners in the Commonwealth, it is advisable to have an attorney who understands and practices in firearms law, criminal law and civil litigation.

Can a "Federally Prohibited Person" still obtain a Massachusetts FID Card?

An applicant seeking to possess certain firearms in Massachusetts may obtain a Massachusetts Firearm Identification Card (FID) even if they have been previously convicted of certain offenses. Under state law, as long as at least five years have passed since the completion of the imposed sentence on certain non-violent felony offenses as either an adult or juvenile; convictions for the use, possession or sale of controlled substances; conviction of certain non-violent misdemeanors punishable by imprisonment for more than two years; or the conviction under any law relating to weapons or ammunition for which imprisonment may be imposed, the Commonwealth of Massachusetts shall issue the applicant a Firearms Identification Card.

However, an applicant with any criminal record should proceed extremely cautiously. Even though Massachusetts has issued an FID, the possession of a firearm by certain individuals convicted of the above offenses may still be federally prohibited from possessing firearms, and doing so is a crime punishable by up to ten years in federal prison.

Every time you purchase a firearm from a licensed dealer, the dealer will complete a form ATF 4473, and will perform a NICS check with the FBI to ensure you are not a "Federally Prohibited Person" as defined in the Brady Handgun Violence Prevention Act (18 U.S.C. § 922(g)). The information supplied on form ATF 4473 will be run through millions of electronic records in state and federal databases to see if the person trying to buy the firearm meets one of nine different categories of reasons for which federal law would prohibit them from being in possession of a firearm. Under federal law, the conviction of many of the crimes described above will create a permanent federal prohibition on firearms ownership.

Should the instant records check discover information which establishes you are ineligible to possess a firearm, your transaction will be denied (i.e., you can't purchase the gun), but the story does not end there.

A Brady denial means it is illegal for you to be in possession of any firearms, even those you already own at home, and even if you were able to obtain a Massachusetts FID Card. If you want to avoid possible seizure and forfeiture of your guns, get them into storage with either an FFL or transferred to a friend or relative who you know is legal to possess firearms and who agrees to hold them and not let you have them until your situation is resolved. You may need to memorialize this transfer on an FA-10 or E-FA-10, if you are in Massachusetts.

Once you get your guns safe and receive the statement of reasons for your denial, you should contact an attorney who is familiar with the field of firearms law.