Firearms Attorney - Massachusetts
A Message from Attorney Trask:
A flintlock "Brown Bess" musket hangs on the wall above my grandfather's office door at his home in Concord, Massachusetts. It's been there as long as I can remember, probably since before I was born. When I was a young boy, I remember asking my grandfather "what's that?", pointing up at the gun, which then was almost twice as long as I was at the time. In characteristic fashion for my grandfather, he told matter-of-factly: "It's a musket. It's why we are free." To him, the issue was settled, but I was fascinated by his cryptic remarks.
A few years afterward, I took my first shots behind a well-worn .22 rifle, and since then I have had many more opportunities to shoot and improve my marksmanship skills, including civilian training and service in the U.S. Marine Corps. I know I'm never too old to learn, and I know that getting the most that the Second Amendment has to offer involves learning from others and accepting their help. Marksmanship and shooting sports has become a passion of mine, and I find myself, as an attorney, in a position to help those that want to protect themselves, their families and their freedoms.
My grandfather's words did not find their meaning with me until many years later when I learned that freedom is not free. Although firearms have won and protected our liberties, work and vigilance in the law is often just as important in securing and protecting our individual liberties.
Firearms License Application - Preparation and Review
Applying for a firearms license is a detail-oriented procedure that, if handled improperly, can be extremely detrimental for future firearms licensing matters. If you are ever denied a firearms license, each and every time you seek to reapply or renew your license, you must disclose that you were once denied a license. Since handgun licenses are issued at the discretion of the issuing agency, it is not implausible that such a denial could harm your changes of renewing a license, or removing restrictions from an existing license. It's a safe bet to say that you are better off "getting it right the first time." Attorney Trask is familiar with the Massachusetts Firearm Licensing requirements and procedures, and will assist you in the preparation of your LTC or FID application and supporting documentation, if required by your licensing officer.
Firearm License Review Board - Petitions for Review
Massachusetts Law permits an individual denied a firearms license for certain misdemeanors to appeal to the Firearms Licensing Review Board. In 1998, the Massachusetts Legislature established new criteria for disqualifying citizens for firearms licenses. Among other criteria, the conviction of any misdemeanor punishable by more than two years (even if no jail time was ever served) was grounds for the denial of a firearms license. However, in 2004, the legislature established the Firearms License Review Board (FLRB) to evaluate denied applications for certain misdemeanor convictions.
A first conviction of operating a motor vehicle under the influence would result in the loss of your ability to own a handgun for life and a shotgun or rifle for a minimum of five years. This FLRB is able to review cases under limited circumstances to restore licenses to individuals who meet certain criteria.
Attorney Trask can assist you in evaluating if a petition for review before the Firearms License Review Board may be appropriate and effective as a means to restore or grant a firearms license.
District Court Petitions
The Commonwealth of Massachusetts places certain restrictions on who may own, possess, or carry a firearm or ammunition. However, if you have a clean mental health record and clean criminal history, you should not be denied your right to possess a firearm. Nevertheless, denials can and do happen for any number of reasons. Some denials may be administrative - the licensing authority is not doing his or her job, or your application was completed or processed improperly. Other denials may represent an arbitrary decision to deny your application by the licensing authority, notwithstanding your statutory eligibility.
Massachusetts Law permits the judicial review of a firearms license denial or revocation in district court. If you can successfully prove that the denial was "arbitrary" or "capricious", the Court can overturn the denial of your firearms license. A petition for judicial review in District Court must be made within 90 days of the denial of your license application. Although you may receive a formal notice of your denial, the law provides that if you do not receive your license 40 days from your date of application, you can assume you are denied and file a petition for judicial review.
If you believe you were improperly denied your right to carry a firearm, Attorney Trask can assist you in appealing the denial, suspension or revocation of your firearms license in District Court. Please contact Attorney Matthew P. Trask at 508.655.5980 for more information.
Questions about Mass. Firearms Laws and Your Rights
The Massachusetts firearms laws are some of the most complex and restrictive in the United States. If you have questions about Massachusetts Firearms Laws, compliance issues, or any other firearm-related question, please do not hesitate to contact Attorney Trask. If you are charged with violating the Massachusetts firearms laws, ignorance of the law will be no excuse. Get your questions answered beforehand, and stay safe and out of trouble.
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Tel.508.655.5980 • Tel.508.720.0397 • Fax.508.655.5981
