Can a felon restore their gun rights in Massachusetts?

Written By: Matthew W. Peterson

Published: 02/12/2025

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If you’ve been convicted of a felony in Massachusetts or any other state, restoring your gun rights can be a challenging but not impossible task if can a felon restore their gun rights in Massachusetts. As experienced Boston firearms and gun rights attorneys, the Law Office of Matthew W. Peterson understands the complexities involved and is here to guide you through the available options for your legal matters.

Understanding the Current Restrictions

A felony conviction results in the loss of your right to possess firearms under both federal and state law. The consequences of violating these restrictions are severe:

Under Massachusetts state law, unauthorized firearm possession outside the home carries a mandatory minimum sentence of 18 months in jail
Federal penalties for firearm possession by a felon can be even more severe
These restrictions apply regardless of where the felony conviction occurred

Legal Options for Restoring Gun Rights

There are two primary paths to restore your firearms rights in Massachusetts potentially:

1. Seeking a Governor's Pardon

A pardon from the governor can restore your gun rights, but the process requires:

Specifically requesting the restoration of firearms rights in your pardon application

Approval from both the governor and the governor’s council
Strong documentation and supporting evidence
Professional assistance from an attorney experienced in pardon applications

Those with older, nonviolent cases typically have the best chance of success with pardon applications.

2. Overturning the Conviction

Another option is challenging the original conviction through:

Filing a motion for a new trial
Seeking to set aside a guilty plea or verdict
Presenting detailed legal arguments supported by affidavits
Working with an experienced attorney to navigate the complex legal requirements

Important Considerations

What Doesn't Work

It’s important to understand that certain actions will not restore your firearms rights:

Record sealing petitions do not restore gun rights (law enforcement can still view sealed records)
Juvenile records can affect firearms rights
Continuances without finding do not count as convictions

Special Circumstances

Massachusetts law provides some additional options for specific situations:

Individuals under 21 convicted of certain minor offenses may be eligible for expungement
Expungement processes are handled through the probation department

The Restoration Process

The restoration process involves several steps and can vary significantly based on individual circumstances. Initially, felons must determine their eligibility by reviewing their criminal records and understanding the specific laws that apply to their convictions. If eligible, they may need to petition the Firearms Licensing Review Board (FLRB) for restoration of rights. Unfortunately, this board has faced challenges in recent years, including its temporary suspension in 2018. As such, individuals seeking restoration should consult legal experts who specialize in firearms law to navigate this complicated process effectively

Can a felon restore their gun rights in Massachusetts? Taking the First Step

Given the intricacies involved in restoring gun rights in Massachusetts, seeking legal assistance is highly advisable. Attorneys who specialize in firearms law can provide crucial guidance throughout the process, helping individuals understand their rights and options. They can also assist in preparing necessary documentation and representing clients before the FLRB or other relevant authorities.

For those with felony convictions looking to restore their gun rights, consulting with a knowledgeable attorney can make a significant difference in navigating this challenging landscape. Restoring your Second Amendment rights as a felon requires experienced legal representation. At the Law Office of Matthew Peterson, we offer the following:

Initial consultations to review your case
Thorough examination of court records and documentation
Strategic advice on the best path forward
Experienced representation throughout the process

Contact Us

Don’t let a past conviction permanently prevent you from exercising your Second Amendment rights. Contact the Law Office of Matthew Peterson today to schedule a consultation. We’ll review your case and help determine the best strategy for restoring your firearms rights.

*Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Each case is unique and requires individual evaluation by a qualified attorney.*