APPEALS TO FIREARM BOARD

 

LTC A, B, and FID Denial Page.

Every citizen of the state of Massachusetts has the right granted to them by the 2nd Amendment of The Constitution to keep and bear arms. If you have a clean mental health and criminal history there is no reason for any citizen in Massachusetts to be denied these given rights.

The law says you can appeal a suspension, revocation or denial of a License by filing a petition for judicial review in district court within 90 days. The law also says that if you do not get a License within 40 days from your date of application, you can assume you are denied and go to court. The court will expect you to prove that the chief’s decision to deny you was “capricious” or “arbitrary.”

If your reason for denial is not on this page you can petition the state Firearms Licensing Bureau. *See below for more information.

*please note, sealed records are opened by the CHSB

1. Five years from the end of parole, probation or conviction or adjudication, whichever is last occurring. Important note: a person with an FID Card, who is not eligible to receive a License to carry a firearm, is considered ineligible to own a gun by the federal government and can not purchase rifles, shotguns or ammo from a dealer. Basically this means that you can not purchase, or possess a firearm or ammunition of any type. This FID card would only let you carry pepper spray (mace)

2. A violent crime is any “crime which could have been punished by a term exceeding one year, or any act of juvenile delinquency involving the use or possession of a deadly weapon that would be punishable by imprisonment for such term if committed by an adult, that (i) has an element the use, attempted use or threatened use of physical force or a deadly weapon against the person of another (ii) is burglary, extortion, arson or kidnapping; (iii) involves the use of explosives; or (iv) otherwise involves conduct that presents a serious risk of physical injury to another.” This definition includes simple “assault” “assault and battery” and “burglary”.

3. A Firearms Licensing Review Board has been established to review cases of individuals convicted of certain misdemeanors (though not domestic assault cases). ?The Board has the authority to restore a person’s firearm rights, see below for instructions.

How to appeal a denial

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.

Please be advised that the FLRB will review your criminal history as a result of the filing of this petition.

Should your petition be eligible for review, you will be notified in writing of a hearing date. At the hearing you will have the opportunity to appear and/or submit documentary and testimonial evidence in support of your petition. The FLRB requests that you submit all documents that you wish it to consider prior to the hearing date to ensure a timely review. As required by the statute, you bear the burden of proof by clear and convincing evidence that your are a suitable person to receive a firearm identification (FID) card or a license to carry (LTC) notwithstanding the disqualifying conviction.

We have included a list of documents (see below) which we recommend that you include with your petition. While it is not necessary to retain the services of an attorney to represent you at the hearing, you should feel free to do so if you so choose.

Please note that if your petition is successful, and the FLRB determines that you are a suitable candidate for a LTC or FID card relative to the misdemeanor conviction, you must still apply to your local police chief for the LTC or FID card, and the final determination on issuing is made by the licensing authority.

To file a petition with the Firearm Licensing Review Board to start the review process, please forward:

1) the completed petition;

2) the required $100.00 filing fee (payable to the Commonwealth of Massachusetts);

3) a copy of a current or previous application for an LTC or FID card, as filed with your local licensing authority;

4) any documentation which will assist the FLRB in making its determination;

5) a list of witnesses, if any that you want to have testify on your behalf;

6) a notice that you request the services of a stenographer to produce a verbatim transcript of the hearing, if you wish to have these services available. (Please note that the hearing is digitally recorded by CHSB, but that the petitioner is responsible for the cost of a stenographer’s services.)

All information should be sent to the: Firearm Licensing Review Board. Criminal History Systems Board, 200 Arlington St., Suite 2200, Chelsea, MA 02150

Please be sure to have your signature on the petition notarized. Should you have any questions regarding this application or the supporting documentation, please contact the Criminal History Systems Board at 617-660-4780, or visit our web site at www.mass.gov/chsb/frb, for more information

Click here for a printable PDF of the complete form

Recommended Supporting Documentation?1) A written statement, including specific proof and/or examples that demonstrate, by clear and convincing evidence, your suitability to possess a FID or LTC. If you have additional criminal charges that did not result in a conviction, these also may be addressed in the statement.

2) A certified copy of the criminal conviction(s) that disqualifies you from being eligible to have a FID or LTC (you can obtain this from the trial clerk’s office of the courthouse in which you were convicted).

3) A list of witnesses, if any, that you plan on calling at the hearing to testify, specifying each witness’ full name, address and date of birth.

4) You may also include additional information, including certificates of training or education that you believe may be important for the FLRB to consider (i.e. firearm safety courses, letters of commendations, honorable discharge, etc.). In order to meet the evidentiary requirements at the hearing you will need to ask that the keeper of the records authenticate that the documents are true and accurate and kept in the usual course of business.

5) You may include letters of recommendation, including from your local police chief.

6) The arrest report pertaining to the conviction may be submitted. You may obtain a copy of the arrest report from the police department that investigated the case. You will need to ask that the police department certify that the report is an official business record pursuant to G.L. c. 233, § 78. The police department may need to redact information that is confidential by statute prior to giving you the report. This documentation is especially important if you have been convicted of assault and battery, so that you may demonstrate to the FLRB that the assault is not domestic in nature.

Schedule a Free Initial Consultation.

I have had tremendous success in the area of my practice and understand what needs to be done in order to increase your chances of obtaining a successful result.  If you have questions, please contact me at my office at (508) 791-9001 or by cell phone at (508) 769-7995.   You may also e-mail me Michael@criminaldefenseworcester.com or text me.  I take great pride is a very quick response time and will promptly schedule a free initial consultation at your convenience.  I have also begun to conduct quite a few meetings via FACETIME or SKYPE for those clients who are either out of state or have license issues.