If the police don’t act on your LTC application within 40 days, you don’t automatically get approved—but you do gain the right to file an appeal in district court. Under M.G.L. c. 140, § 121F, Massachusetts licensing authorities must decide on LTC applications within 40 days, and when they miss that deadline, you can petition for judicial review within 90 days. However, whether you should file that appeal depends on your specific circumstances, and consulting with a firearms attorney before taking action is essential.
The 40-Day Rule
Massachusetts law is clear on this point. Under M.G.L. c. 140, § 121F, your local licensing authority—typically your police department—must either approve or deny your LTC application within 40 days of receiving a completed application. If they deny it, they must notify you of the reason for the denial in writing.
Unfortunately, many licensing authorities across Massachusetts routinely ignore this statutory deadline. It’s not uncommon for applicants to wait three months, six months, or even longer without receiving any decision. This can be incredibly frustrating, especially if you need your license for work, personal protection, or simply to exercise your constitutional rights.
Your Right to Appeal
What the law does provide is a path forward. Under M.G.L. c. 140, § 121F, if the licensing authority fails to respond within the 40-day window, you gain the right to file a petition for judicial review in district court. Specifically, you have 90 days after the expiration of the 40-day deadline to file this appeal. The appeal must be filed in the district court that has jurisdiction over the city or town where you submitted your application.
This is the same appeal process available to applicants who receive an actual denial. The difference is that you can proceed without waiting for a decision that may never come.
Should You File an Appeal?
This is where the decision becomes strategic, and why consulting with an attorney before taking action is critical.
Filing an appeal when your application is simply delayed—rather than denied—can be a double-edged sword. On one hand, if you believe a denial is inevitable based on your circumstances, filing an appeal may get you in front of a judge faster. Courts can sometimes provide relief that police departments won’t.
On the other hand, filing an appeal before the police department has made a decision could be counterproductive. If there was a reasonable chance your application would have been approved, forcing the issue into court might complicate matters unnecessarily. It can escalate what might have been a simple administrative delay into a full legal proceeding.
LTC Appeals Are a Technical Legal Process
Appealing an LTC denial, revocation, or suspension is not a simple matter of filling out a form and showing up to court. Massachusetts courts have developed a substantial body of case law governing these appeals, and the legal standards involved are technical and nuanced.
Judges will consider factors like the specific grounds for denial, your criminal history (if any), the licensing authority’s stated reasons, and whether the decision was supported by the evidence. The burden of proof, the applicable legal standards, and the procedural requirements all matter—and getting any of these wrong can result in losing your appeal even if the underlying facts favor you.
This is not an area where you want to learn by trial and error.
Contact a Massachusetts Firearms Attorney
If your LTC application has been delayed beyond the 40-day statutory deadline, or if you’ve received a denial, revocation, or suspension that you want to challenge, you should speak with an experienced firearms attorney before taking action.
Attorney Matthew Peterson represents clients with firearms licensing matters throughout Eastern Massachusetts. He can evaluate your specific situation, explain the legal landscape, and help you determine whether an appeal makes sense—and if so, how to pursue it effectively.
Don’t navigate this process alone. Contact a Massachusetts gun rights attorney to discuss your options. Call us at 617-295-7500 to set up a strategy session today.
