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).  

If I move to Massachusetts, do I need to register my guns?

If you are moving to Massachusetts and bringing firearms, you should first obtain the appropriate license and ensure your firearms are legal to possess as previously outlined in this post: I am moving to Massachusetts from another state, do I need a gun license?

Assuming you have obtained the proper license and your firearms are legal to possess under that license, then you are not required to register firearms you brought with you as a new Massachusetts resident under the current statute.  The E-FA-10 registry system allows you to register your firearms if you want to, as described further in this previous post: Do guns in Massachusetts need to be registered?

Be careful not to confuse a relocation situation with the requirement to register firearms purchased from an out-of-state dealer.  If you are a Massachusetts Resident, and the firearms were directly obtained from an out-of-state dealer, then you would have to register them under this system.

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.

Do guns in Massachusetts need to be registered?

In specific circumstances firearms are required to reported to the Massachusetts Firearms Records Bureau, a division of the Executive Office of Public Safety and Security (EOPSS).  This form of “registration” is handled at a state level, and not by the individual town police departments.

That being said, Massachusetts does not have a firearm registration system, per se.  However, the personal sale, transfer or acquisition of firearms by a Massachusetts resident must be recorded with the Massachusetts Firearms Records Bureau.  Therefore, there is a de facto registration requirement, but it does not apply in all cases.  Registration is accomplished by completing a “FA-10” (hard copy) or “E-FA-10” (electronically-submitted) form.  The submission of an FA-10 or E-FA-10 is required when:

1. You personally buy or sell a firearm in a personal transaction (of which you are permitted only four (4) per calendar year);
2. You are a Massachusetts resident and obtained a firearm from an out-of-state dealer;
3.  The loss or theft of a firearm (additional requirements apply);
4.  You acquire a firearm by inheritance.

Additionally, the E-FA-10 system will permit you to “register” firearms in other circumstances, such as:

1. You moved into Massachusetts from out-of-state, and wish to register your firearms;
2. You are in possession of firearms where no previous FA-10 has been submitted.
3. You have surrendered a firearm to the police.

The launch of the E-FA-10 system in Massachusetts this past year was met with significant opposition from the firearms community, as it inaccurately describes the law, and would seem to coerce registration in circumstances where no registration is required.  For example, there is no current statutory requirement that the firearms, brought in from out of state when a new Massachusetts resident moves from another state, must be “registered” or an FA-10 must be submitted.  Be careful not to confuse a relocation situation, though, with the requirement to register firearms purchased from an out-of-state dealer.

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.

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.

My Firearms License Application was Denied. Can I appeal?

There are two categories of reasons your application for a firearms license may be denied.

An application for a License to Carry Firearms will be denied if you are disqualified under the terms of M.G.L. c. 140, s. 131. Generally, if you have been convicted of any crime punishable by more than 2 1/2 years in prison, been convicted of a violent crime or crime involving firearms, controlled substances, or any other felony, you are ineligible to obtain a license to carry firearms (LTC). You may also be unable to obtain an LTC if you have been treated for substance abuse addiction, or been confined to an institution for mental illness.

However, even if you have not been convicted of a disqualifying offense, the Chief Law Enforcement Officer in your town must still subjectively determine that you are "suitable" to possess firearms. Even if you are statutorily eligible to obtain an LTC, if the police chief finds you "unsuitable", your license will be denied. The Chief Law Enforcement Officer may consider nearly any evidence at his or her disposal, including police reports, court records that did not result in convictions, sealed records, the applicant's truthfulness on the application, and a number of other subjective factors.

Appeals to District Court

A denial made on the basis of "suitability" must be challenged in the District Court where the applicant resides. The burden of proof is on the applicant to prove that the chief's decision to deny the license to carry firearms was "arbitrary and capricious".

Appeals to the FLRB

A denial made on the basis of the applicant's statutory ineligibility may, in certain cases, petition the Firearm License Review Board for a determination that the conviction is not to be considered a statutory barrier to obtaining the sought after license. The FLRB only has the authority to review certain misdemeanor convictions, and the burden of proof falls on the petitioner to demonstrate that the disqualifying conviction does not impact their suitability to possess a firearm.

It is important that you understand that the Firearms Licensing Board (FLRB) has the authority to review only misdemeanor convictions, and that the FLRB may not review convictions for:

a) an assault or battery on a family or household member, or a person with whom you have had a substantive dating relationship, as defined by G.L. c. 209A, § 1;

b) a crime involving use, possession, ownership, transfer, purchase, sale, lease, rental, receipt or transportation of weapons or ammunition for which a term of imprisonment may be imposed; or

c) a crime regulating the use, possession or sale of controlled substances.

In addition, the statute specifies that the FLRB may not review a petition if the petitioner:

a) has a disqualifying felony conviction;

b) has multiple misdemeanor convictions, unless the offenses arise from one incident;

c) was denied a license to carry on the basis of suitability rather than a disqualifying conviction (the District Court is the appropriate forum for appeal in this case); or

d) is disqualified for a reason other than a misdemeanor conviction, such as having an active warrant or restraining order.

Finally, the FLRB may not review a petition until after the passage of five (5) years since the misdemeanor conviction or release from supervision, whichever is last occurring.

Also note that a decision by the FLRB in the applicant's favor does not automatically grant a firearms license - the chief of police may still exercise his or her discretion with respect to the applicant's overall suitability. The FLRB can only grant state relief to the issue of statutory ineligibility

Will I Lose my Professional License if I file for Bankruptcy?

Pursuant to section 525(a) of the bankruptcy code a government agency cannot deny, revoke, suspend or refuse to renew a license to a person who has filed for bankruptcy, solely due to their filing for bankruptcy. This means that you will not lose your license to practice your profession due to filing, but it does not mean that you won't lose your license for related reasons if you have violated the standards of your profession.

For example, an attorney in Texas lost his license to practice law based on his failure to comply with a debt management plan and eventual bankruptcy. The Court relied on the questions his poor debt management raised about whether he could demonstrate that "he was a person of good moral character." The decision was not solely due to his bankruptcy, but the "good moral character" standard used by the Court was so vague as to give the bar great leeway in denying a license.

Regardless of whether you are forced to file bankruptcy, you should refer to the specific standards and requirements of your profession and ensure that you comply with those standards and requirements to avoid a similar fate.