If your application for a gun license was denied, you may be able to appeal with an attorney. It depends on the reason for the denial.
Specifically, you can typically only appeal if your gun license was denied because you were found to be unsuitable as a threat to public safety. Suitability is a discretionary decision by the police department, and a judge can hear an appeal of that decision. The judge must decide whether the police department made an “arbitrary and capricious” decision.
However, if you were denied because you were convicted of a felony, domestic violence, gun crime, or drug crime, you cannot appeal. You will need to overturn that disqualifying conviction to be eligible. This also applies if you were previously committed (or sectioned).
To appeal the denial of your gun license, you must file the appeal within 90 days. This is a hard-and-fast requirement. This appeal is filed in district court that has jurisdiction over the police station.
If you have a misdemeanor conviction that is not domestic violence, drugs, or firearms, you could also appeal to the firearm licensing review board.
At the appeal hearing, your attorney will present evidence in your favor that shows you are suitable to carry a firearm. The police department is usually present at the hearing, through an attorney, to present their side. It’s critical to hire an attorney who handles gun license appeals to help you with your case.
These appeals have specific evidence that needs to be presented. There are technical requirements to these appeals that a firearms lawyer can help with.
If you were unlawfully denied a gun license, you may be able to appeal. I’d be glad to help – call or text me today at (617) 295-7500.
