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Concealed Carry

If you have been denied in you’re quest for a firearm permit, (LTC) here in Ma. due to a past misdemeanor conviction(s),  there is a process that you may initiate to try to counter the denial by your police chief. You need to realize though that if the Firearms License Review Board, a 7 member board, finds in your favor, that will be a good thing, but you’re police chief will still be making the final determination. He will look at you’re application in a different light if the review board has found in you’re favor, that will lend weight to you’re cause and may sway him to issue you a license. Initially he may only issue you a license with a restriction like ‘target and hunting only’ and the next time around in six years may issue the license you really want, so keep this in  mind.

This link gets you to their instructions and address;   http://www.mass.gov/eopss/docs/chsb/petition-and-instruction-letter.pdf   Just copy and paste.

Another option for you would be to apply for an FID card first. With an FID card there are only 3 reasons you can be denied. The reasons are, 1. If you have not been a felon. 2. If you have not been a substance abuser within the last 5 years.  3. If you were not involuntarily placed in a mental institution within the last 5 years. Under the law no other reason/criteria for denial may be used when issuing an FID card. There are even exemptions to a couple of  these, (2, 3)  reasons.  As  a courtesy I have added the following  link for you to find instantly the ‘petition form’ needed, if your being denied a LTC, along with all related information.     Another link that gets you to the Criminal History Systems Board is,  www.mass.gov/chsb

For the Ma. Firearms Transaction List go;  https://mircs.chs.state.ma.us/fa10/action/home?app_context=home&app_action=presentTrans  choose the option you need.

Please go to the ‘Gun Sense’ page for all Gun Sense Articles from first to last.

  –>IMPORTANT NOTICE: Also,there is a non-profit group of lawyers under the name of Comm2A that may help if you have been denied an LTC due to an old conviction, or a minor firearms conviction or even a minor drug offense that may have caused you to lose your LTC/FID. If they take your case, there ‘may’ be no cost to you. Comm2A has multiple cases pending in federal court in an effort to ensure state firearms law treats all lawful residents fairly and equally. You can contact this group at www.comm2a.org  or  info@comm2a.org  or 617-942-0660.

Sincerely,

Mark Shean,   About Me

Reviews

 

www.mafirearmsafety.com   written 4-11-2010

Gun Sense #13, Specific to Ma. Petition for Judicial Review

Your comments/insight are welcomed.

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Gun Sense #20,'Misdemeanor',Been Denied A Gun License in Ma. ?, 7.7 out of 10 based on 6 ratings

37 Responses to “Gun Sense #20,’Misdemeanor’,Been Denied A Gun License in Ma. ?”

  • Tim Dargie says:

    I had my class A license for over 10 years I was denied by a recommendation from State police on Two Misdemeanors offenses Six years have gone by I reapply Waiting for the Chiefs decision State police are trying to persuade him to deny me

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  • Tony g says:

    Mark, If I am denied based on “suitability” because of a couple fights in the past (no misdemeanors or felonies) and I don’t want to appeal, what are the repercussions? Can I never get a license in another state? Can I no longer rent at ranges? Thanks for info. -Tony

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  • Mark Shean says:

    If there are no convictions, they can not deny you outside of statutory law unless they go before a judge to get his permission to do it…by all means, appeal it and read #13 and #39 Gun Sense.

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  • Eric S. says:

    Hello Mark I have one misdemeanor on me and I went for my L.T.C and I am on my 8th week for the wait and my girlfriend went a few days after me and her ltc is active and already coming in the mail and I’m going to call my local police department but what should I do

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  • Mark Shean says:

    Hi Eric, the average wait is 4 months, so you are only half way there, be patient. Read #39 Gun Sense. What town are you in?

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  • Eric S. says:

    I thank you for the fast reply I live in New Bedford and my elations is back at the headquarters of New Bedford because the FRB sent it back to them to overlook my application again because of my misdemeanor but I called and they said that he has to check with his supervisor to see if we missed anything other than that I don’t know what else to do

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  • Alexander Sneed says:

    Hi, I want to apply for a L.T.C I don’t have any felonies but when I was 19 I was cited for driving without a license and never paid the fine. they issued a warrant and I was arrested for it went before a judge and just had to pay the 100 dollar fine. can they deny me for this if I was to apply for my L.T.C?

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  • Mark Shean says:

    Alex, I do not believe that will raise to the level of denial. Make sure to read Gun Sense #39 carefully.

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  • Mike B says:

    Hi Mark-

    Here is the story of my two misdemeanor convictions: After a successful Virginia 2012, hunting trip, I was questioned by an officer, injuring about my permission to hunt the farm I harvested the animal on. I had received verbal permission to hunt on the farm, but we later learned the person who granted me permission was not authorized by the owner to do so. Long story short, I agreed to plead guilty to two class 3 misdemeanors (both arising from a single incident), Illegally killing a dear and trespassing with intent to hunt. Neither are punishable by more than a $500 fine and not punishable by jail time – I paid $250 each.

    I just moved to MA and applied for my LTC. Will my application be denied?

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  • Mark Shean says:

    Read #39 Gun Sense fully. What town are you in?

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  • Mike B says:

    Brockton

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  • Mark Shean says:

    I have not heard any complaints from the people I have given the class to in Brockton, that’s a good sign. Read 39 Gun Sense thoroughly.

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  • Edward P. says:

    I’ve been denied an LTC because of 2 continued with out finding OUI- the most recent being in 2008. Can I get an FID, can I petition? In pittsfield.

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  • Mark Shean says:

    You should not be denied if that is all there was. You only have 90 days to appeal as their letter would tell you. Read Gun Sense #39, and #13.

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  • Anthony Jones says:

    I was denied a fire arm license due to past Criminal history of more than 5yrs.id like to apply for an FID card.

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  • Mark Shean says:

    I would need more info to give an educated answer Tony.

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  • Ken says:

    I recently applied for my firearm license and was denied. I was denied due to a juvenile misdemeanor that happened when I was 12 years old. To be specific it was assault and battery. I am now 32 years old with no adult convictions. I am frustrated that this juvenile charge is haunting me and my chance to get a firearm license. I am looking formadvice, what should I do? should I go for the appeal? I have already submitted the appeal but I’m nervous that I’m wasting my time… Please advise.

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  • Mark Shean says:

    Ken, did you list that information on your application when you first applied?

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  • Mike says:

    My ex wife took out two temporary restraining orders against me in the 90’s during a custody battle. They were both dismissed by a judge. Im in Tyngsboro.

    Thoughts ?

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  • Mark Shean says:

    Please read #39 Gun Sense. They will not keep you from getting a license unless you don’t mention them, so make sure that you do.

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  • Ben says:

    So I put myself into a drug rehab almost 4 years ago. And have been on medication ever sense then. I see a doctor every month. And counselor every 3 months, And have been stable for 4 years now, my doctor said she will fill out a physicians advocate if she needs to for me. I have zero charges of any kind on my record. What would my chances of getting an ltc be?
    Thank you

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  • Mark Shean says:

    If none of this involved the courts it is private information, and you do not have to mention it, the HIPPA laws protect you. That a Dr. said he/she would come to bat for you is a good thing if you ever needed it.

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  • Ben says:

    That’s the problem. It was through the court system. I section 35 myself.

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  • Chrismb86 says:

    I was denied my ltc because the chief says i inaccurately stated an arrest from 2010 as a marijuana charge under an ounce, and the police report says it was possession with intent to distribute. I was pulled over with less than An ounce of marijuana and my CORI says it’s a civil non incarceble charge of a class d controlled sumbstance. I have no convictions and i wrote down exactly what’s in my CORI. Do i have a chance at winning my appeal?

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  • Mark Shean says:

    In that case you have to include the info with the application and attach the Dr. letter to, on your behalf. Always make and keep copies.

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  • Mark Shean says:

    I think so, follow Gun Sense #13 and #20, don’t skim over it, read it.

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  • Brian says:

    Hey Mark, I was denied my LTC in Taunton. The reason being was a conviction of crime punishable by more than 2 years in jail. It was an OUI that was CWOFd but changed to a guilty do to probation violation. Not sure what the violation was…10 years ago. My question for you is if my my 90 days for appeal is over, what is my move?

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  • Mark Shean says:

    Did you let the 90 days pass by?

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  • Darnell says:

    Hi Mark. I was denied due to suitability. I have an oui that was a non conviction and I had an assault charge that was deferred when I applied. My assault charge was just expunged. I did not appeal the first time around. Can I be denied if I apply again?

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  • Mark Shean says:

    You could be denied but you would have a good chance for appeal. Read Gun Sense 13

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  • Richard says:

    LTC renewal was denied when arrested for an oui I had my firearm on me. no prior record and all charges were dismissed. cheif still said I was not suitable.

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  • Richard says:

    LTC renewal was denied when arrested for an oui I had my firearm on me. no prior record and all charges were dismissed. chief still said I was not suitable.

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  • Mike says:

    Hi Mark. I was convicted of a OUI in 2011.
    I was told by an Officer in MA that I have a lifetime ban on obtaining a LTC. Due to the response from that Officer I have yet to actually apply. Do i need to get my conviction expunged before i apply? Or do i apply, get denied, and appeal?I am employed by the CT DOC and I am firearms qualified and a member of the tactical response team in the department. Do you think this may help my situation?

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  • Michael says:

    Hi Mark. I was convicted of a OUI in 2011.
    I was told by an Officer in MA that I have a lifetime ban on obtaining a LTC. Due to the response from that Officer I have yet to actually apply. Do i need to get my conviction expunged before i apply? Or do i apply, get denied, and appeal?I am employed by the CT DOC and I am firearms qualified and a member of the tactical response team in the department. Do you think this may help my situation?

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  • Stan says:

    Hey mark,

    Quick question, I had 2 larceny charges and 2 credit card fraud charges. All four charges were nolle prosequi. Am I eligible for my Class A LTC?

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  • Andrew says:

    Mark,
    I have been arrested for a Boat OUI, I am in the middle of going to court for it. If I get a QUAF, would I lose my LTC

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  • Mark Shean says:

    I am not sure why one would have anything to do with the other? Would a plumber or an electrician or an accountant lose their licenses for the same thing? I don’t think so, how do they correlate? I would ask that of my lawyer and have him qualify his answer with static law….

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