26. WHERE DO I APPEAL?
You can file a petition to obtain judicial review in the district court having jurisdiction in the city or town where you filed for or was issued the FID.
NOTE: A justice of such court, after a hearing, may direct that a card be issued or reinstated to the petitioner if the justice finds that such petitioner is not prohibited by law possessing such card.
27. ARE THERE ANY WEAPONS THAT I CANNOT POSSESS WITH AN FID?
Pursuant to c. 140§129B, a firearm identification card shall not entitle a holder thereof to possess:
a. a large capacity firearm or large capacity feeding device therefore; or
b. a non-large capacity firearm or large capacity rifle or shotgun or large capacity feeding device therefore
28. IS IT POSSIBLE TO HAVE A FIREARM IN MY HOME WITH JUST AN FID?
A person can lawfully have a firearm in their home as long as the firearm was purchased with a permit to purchase (PTP) pursuant to c. 140§131A. The type of weapon must be prescribed in the PTP. As long as the licensing authority grants the permit to purchase, he or she may permit the holder to purchase either a non-large capacity firearm or a large capacity firearm. However, whatever type of firearm is subject to the PTP, it can only be possessed in the residence of place of business and not carried in violation of c. 269§10, i.e., out in public.
29. WHAT IS THE NEW RESTRICTED FID UNDER THE NEW LAW?
If you only want to carry MACE©, then you may obtain an FID which is restricted to only that purpose.
NOTE: If a firearm identification card is issued for the sole purpose of purchasing or possessing chemical mace, pepper spray, or other similarly propelled liquid, gas or powder designed to temporarily incapacitate, such card shall clearly state that such card is valid for such limited purpose only.
30. IS AN FID STILL GOOD FOR LIFE?
No. They are now good for only six years.
31. WILL I BE NOTIFIED UPON EXPIRATION?
Pursuant to c. 140§129B, “the executive director of the criminal history systems board shall send by first class mail to the holder of each such firearm identification card, a notice of the expiration of such card not less than 90 days prior to such expiration, and shall enclose therein a form for the renewal of such card.”
32. I HAVE JUST BEEN ISSUED AN FID AND I WILL BE MOVING WITHIN THE NEXT FEW MONTHS – WHO DO I NOTIFY? HOW DO I NOTIFY?
You MUST notify THREE different persons. Pursuant to c. 140§129B, “the cardholder shall notify, in writing, the licensing authority that issued such card, the chief of police into whose jurisdiction such cardholder moves and the executive director of the criminal history systems board of any change of address.”
CERTIFIED MAIL: Such notification shall be made by certified mail within 30 days of its occurrence.
REVOCATION: Failure to so notify shall be cause for revocation or suspension of such card.
33. WHAT TYPE OF WEAPON AM I ENTITLED TO CARRY IF I HAVE A CLASS A LICENSE?
Pursuant to c. 140§131, a Class A license shall entitle a holder thereof to purchase, rent, lease, borrow, possess and carry:
a. firearms, including large capacity firearms, and feeding devices and ammunition therefore, for all lawful purposes, subject to such restrictions relative to the possession, use or carrying of firearms as the licensing authority deems proper; and
b. rifles and shotguns, including large capacity weapons, and feeding devices and ammunition therefore, for all lawful purposes; provided, however, that the licensing authority may impose such restrictions relative to the possession, use or carrying of large capacity rifles and shotguns as it deems proper.
34. WHAT IF I CARRY A WEAPON THAT IS OUTSIDE OF THE RESTRICTIONS PLACED UPON ME BY THE LICENSING AUTHORITY?
Pursuant to c. 140§131, a violation of a restriction imposed by the licensing authority under the provisions of this paragraph shall be cause for suspension or revocation and shall, unless otherwise provided, be punished by a fine of not less than $1,000 nor more than $10,000.
35. WHAT IF I CARRY A WEAPON THAT IS OUTSIDE OF THE RESTRICTIONS PLACED UPON ME BY THE LICENSING AUTHORITY? CAN I BE ARRESTED AND CHARGED WITH UNLAWFUL CARRYING OF A FIREARM?
Pursuant to c. 140§131, the provisions of section 10 of chapter 269 shall not apply to such violation. That when you carry outside of a restriction, it is not criminal.
36. WHAT TYPE OF WEAPON AM I ENTITLED TO CARRY IF I HAVE A CLASS B LICENSE?
Pursuant to c. 140§131, a Class B license shall entitle a holder thereof to purchase, rent, lease, borrow, possess and carry:
a. non-large capacity firearms and feeding devices and ammunition therefore, for all lawful purposes, subject to such restrictions relative to the possession, use of carrying of such firearms as the licensing authority deems proper.
NO CONCEALED OR LOADED WEAPON: A Class B license shall not entitle the holder thereof to carry or possess a loaded firearm in a concealed manner in any public way or place.
NO LARGE CAPACITY FIREARMS: A Class B license shall not entitle the holder thereof to possess a large capacity firearm, except:
a. under a Class A club license issued under this section; or
b. under the direct supervision of a holder of a valid Class A license at an incorporated shooting club or licensed shooting range
Additionally, pursuant to c. 140§131,. A Class B license shall entitle a holder thereof to purchase, rent, lease, borrow, possess, and carry:
a. Rifles and shotguns, including large capacity rifles and shotguns, and feeding devices and ammunition thereof, for all lawful purposes; provided, however, that the licensing authority may impose such restrictions relative to the possession, use or carrying of large capacity rifles and shotguns as he deems proper.
37. ARE THERE ANY TRANSACTIONS THAT ARE NOT VALID WITH A CLASS B LTC?
Pursuant to c. 140§131, a Class B license shall not be valid license for the purpose of complying with any provision under the gun law governing the purchase, sale, lease, rental, or transfer of any weapon or ammunition feeding device:
a. if such weapon is a large capacity firearm defined in §121; or
b. if such ammunition feeding device is a large capacity feeding device for use with a large capacity firearm defined in §121
38. WHO CAN APPLY FOR A LTC ( EITHER A OR B)?
Any person residing or owning a place of business within the jurisdiction of the licensing authority.
39. ARE THERE ANY CONDITIONS THAT I MUST SATISFY BEFORE BEING GRANTED A LTC (EITHER A OR B)?
Pursuant to c. 140§131, the licensing authority may issue a LTC (either A or B) if it appears that the applicant is a suitable person to be issued such license, and
a. that the applicant has good reason to fear injury to his person or property, or
b. for any other reason, including the carrying of firearms for use in sport or target practice only
NOTE: The above is subject to such restrictions expressed or authorized under this section. Therefore, if it appears to the licensing authority that the applicant is unsuitable, he or she will deny your application. It is this clause in the law that empowers the licensing authority to deny an applicant, even though the applicant might not have been convicted of a crime.
40. WHAT IF I HAVE BEEN CONVICTED OF A CRIME CAN I STILL OBTAIN A LTC? WHAT IF I HAVE BEEN CONVICTED OUT OF STATE?
According to c. 140§131, if the applicant has, in any state or federal jurisdiction, been convicted or adjudicated a youthful offender or delinquent child for the commission of:
a. any felony
b. any misdemeanor punishable by imprisonment for more than two years
c. a violent crime as defined in section 121;
d. any 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; or
e. any violation of any law regulating the use, possession or sale of controlled substances as defined in section 1 of chapter 94C
41. WHAT DOES IT MEAN TO HAVE BEEN ADJUDICATED A YOUTHFUL OFFENDER?
Pursuant to Massachusetts law, the definition of youthful offender is as follows:
A person who is subject to an adult or juvenile sentence for having committed, while between the ages of fourteen and seventeen, an offense against a law of the commonwealth which, if he were an adult, would be punishable by imprisonment in the state prison, and
a. has previously been committed to the department of youth services, or
b. has committed an offense which involves the infliction or threat of serious bodily harm in violation of law, or
c. has committed a violation of paragraph (a) unlawful carrying, (b) unlawful possession of a machine gun or unlawful possession of a sawed off shotgun or (c) second or subsequent offense of c. 269§10(a),(b), or (c) of section 10 or section 10E of chapter 269(trafficking in firearms); provided that, nothing in this clause shall allow for less than the imposition of the mandatory commitment periods provided in §58 of chapter 109.
42. WHAT DOES IT MEAN TO HAVE BEEN ADJUDICATED AS A DELINQUENT CHILD?
Pursuant to Massachusetts law, the definition of delinquent child is as follows:
A child between seven and seventeen who violates any city ordinance or town by law or who commits any offense against a law of the commonwealth.
43. WHAT IF I HAVE BEEN TREATED FOR MENTAL ILLNESS – DOES THAT AUTOMATICALLY DISQUALIFY ME?
The gun law states that you will be disqualified if you have been confined to any hospital or institution for mental illness. However, if you submit with your application an affidavit of a registered physician attesting that he or she is familiar with your mental illness and that in his or her opinion you are nor disabled by such illness in a manner that should prevent you from possessing a firearm, that will not automatically disqualify you. The licensing authority, however, may disqualify you under the unsuitability provision.
44. WHAT IF I HAVE BEEN TREATED OF CONFINED FOR DRUG ADDICTION OR HABITUAL DRUNKENNESS – DOES THAT AUTOMATICALLY DISQUALIFY ME?
The gun law states that you will be disqualified if you have been under treatment for or confinement for drug addiction or habitual drunkenness. However, this disability may be removed if you are deemed cured by a licensed physician. Anyone falling into this category must wait five years after the date of such confinement or treatment and must also present an affidavit issued by a licensed physician stating that he or she knows the applicant’s history or treatment and that such physician’s opinion the applicant is deemed cured.
45. HOW OLD MUST I BE TO OBTAIN A LTC?
You must be at least 21 years of age.
46. HOW LONG DOES THE LICENSING AUTHORITY HAVE TO PROCESS MY APPLICATION FOR A LTC?
The licensing authority shall, within 40 days from the date of application and issue the license or deny the application and notify the applicant of the reason for such denial in writing.
47. CAN I APPEAL THE DENIAL OR REVOCATION OF MY LTC? IS THERE A CERTAIN TIME LIMIT? WHERE DO I APPEAL?
You can appeal within 90 days after receiving your denial or revocation. Additionally, you have a right appeal within 90 days after the expiration of the time limit during which the licensing authority is required to respond to you (40 days). You may file a petition to obtain judicial review in the district court having jurisdiction in the city or town wherein the applicant filed for, or was issued, such license.
48. WHAT HAPPENS IF I WIN MY APPEAL?
Pursuant to c. 140§131, “a justice of such court, after a hearing, may direct that a license be issued or reinstated to the petitioner if such justice finds that there was no reasonable ground for denying, suspending, or revoking such license and that the petitioner is not prohibited by law from possessing same.”
49. HOW LONG IS A LTC GOOD FOR?
It will be good for four years from the date of issue and shall expire on the anniversary of the licensee’s date of birth occurring not less than three years but not more than four years from the date of issue.
50. I’M OVER 70 – DO I GET A BREAK FROM PAYING THE FEE?
Pursuant to c. 140§131, “any person over the age of 70 shall be exempt from the requirement of paying a renewal fee for a Class A or Class B license to carry.”
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