Massachusetts Firearm Prohibited Person Attorney
Second Amendment Lawyer
Attorney William Driscoll is passionate about protecting the liberties that made America great. He helps people retain or regain Second Amendment rights when being a State recognized prohibited person is an issue.
Some issues causing you to be prohibited can be cured. Others cannot. Sometimes a person may still be entitled to possess a gun under State law, even though they are federally prohibited. In that case, they can still be criminally prosecuted federally. Call 978-846-5184 Attorney Driscoll to learn more about his gun law services.
What is a disqualified person under Massachusetts gun law?
Certain criteria, if not corrected, render an individual permanently disqualified to hold a gun license in Massachusetts. They include:
- • Having been discharged from the armed forces of the United States under dishonorable conditions;
- • Having been a citizen of the United States, has renounced that citizenship.
- • Any conviction, or adjudication as a youthful offender or delinquent child, of a:
- (A) felony (i.e., any crime that could be punished a year or more in state prison, or death);
- (B) misdemeanor that could be punishable by imprisonment for more than two years (NOTE: OUI convictions after May 27, 1994 are punishable by more than two years);
- (C) "violent crime", defined as any crime punishable by imprisonment for 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 as 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.
- (D) violation of any law regulating the use, possession, ownership, transfer, purchase, sale, lease, rental, receipt or transportation of weapons or ammunition for which a term of imprisonment may be imposed;
- (E) violation of any law regulating the use, possession or sale of a controlled substance as defined in section 1 of chapter 94C including, but not limited to, a violation of said chapter 94C; or,
- (F) misdemeanor crime of domestic violence as defined in 18 U.S.C. 921(a)(33).
- HOWEVER, except for the commission of a felony, a misdemeanor crime of domestic violence, a violent crime, or a crime involving the trafficking of controlled substances, if an FID applicant has been so convicted or adjudicated or released from confinement, probation or parole supervision for such conviction or adjudication, whichever occurs last, for 5 or more years immediately preceding such application, then the applicant's right or ability to possess a non-large capacity rifle or shotgun shall be deemed restored in the commonwealth with respect to such conviction or adjudication and that conviction or adjudication shall not disqualify the applicant for a firearm identification card.
Other criteria render an individual temporarily disqualified to hold a gun license in Massachusetts until the impediment is removed:
- • Being the subject of an active 209A restraining order;
- • Being the subject of a current outstanding arrest warrant in any state or federal jurisdiction;
- • Being a fugitive from justice;
- • Is an alien who does not maintain lawful permanent residency;
- • Is or has been:
- (A) committed to a hospital or institution for mental illness, alcohol or substance abuse, except a commitment pursuant to sections 35 or 36C of chapter 123, unless after 5 years from the date of the confinement, the applicant submits with the application an affidavit of a licensed physician or clinical psychologist attesting that such physician or psychologist is familiar with the applicant's mental illness, alcohol or substance abuse and that in the physician's or psychologist's opinion, the applicant is not disabled by a mental illness, alcohol or substance abuse in a manner that shall prevent the applicant from possessing a firearm, rifle or shotgun;
- (B) committed by a court order to a hospital or institution for mental illness, unless the applicant was granted a petition for relief of the court order pursuant to said section 36C of said chapter 123 and submits a copy of the court order with the application;
- (C) subject to an order of the probate court appointing a guardian or conservator for a incapacitated person on the grounds that the applicant lacks the mental capacity to contract or manage the applicant's affairs, unless the applicant was granted a petition for relief of the order of the probate court pursuant to section 56C of chapter 215 and submits a copy of the order of the probate court with the application; or,
- (D) found to be a person with an alcohol use disorder or substance use disorder or both and committed pursuant to said section 35 of said chapter 123, unless the applicant was granted a petition for relief of the court order pursuant to said section 35 and submits a copy of the court order with the application.
In the case of a License to Carry (LTC):
- • An individual is ineligible so long as the Chief of Police consider you an "unsuitable person"; or,
- • Has not reached the age of twenty-one years of age at the time of the application.
In the case of a Firearm Identification (FID) Card, if the applicant is:
- • Younger than 14 years of age then the card shall not issue until the applicant reaches the age of 15; and,
- • More than 14 but less than 18 years of age, then the card shall not issue unless the applicant submits with the application a certificate of a parent or guardian granting the applicant permission to apply for a card.