Not anymore. In January 2026, the Massachusetts Appeals Court ruled in Guinane v. Chief of Police of Manchester-by-the-Sea that a police chief cannot deny your License to Carry (LTC) based solely on the behavior of your family members. The court found that a subtle but powerful change in Massachusetts law now requires suitability determinations to focus on the applicant’s own conduct — not the actions of a spouse, parent, child, or anyone else living in your household.
If you’ve been denied a gun license in Massachusetts because of something a family member did, this case could change everything for you.
What Happened in the Guinane Case
Barbara Guinane applied for an LTC in Manchester-by-the-Sea in October 2022. She had no criminal record. She had completed a firearms safety course. She had purchased a biometric gun safe and a biometric trigger lock — both operable only with her fingerprints.
The police chief denied her application anyway. Why? Because of her husband’s behavior. Her husband had been involved in multiple violent incidents with neighbors, including smashing a light pole with a baseball bat during a property dispute and threatening a second neighbor. He had pending criminal charges, two harassment prevention orders against him, and his own LTC had been suspended.
The chief admitted during testimony that if Guinane were not married to her husband, she would be a suitable person. But he denied her license because he was concerned her husband might gain access to her firearms.
The District Court and Superior Court both upheld the denial. Guinane kept fighting — and the Appeals Court reversed the decision entirely, ordering the chief to grant her license.
The Change in the Law That Made This Possible
Here’s the key. Before August 2022, Massachusetts law allowed police chiefs to deny an LTC based on two grounds: the applicant’s own behavior, or “existing factors” that suggested a public safety risk. That “existing factors” language gave chiefs wide latitude to consider things like a volatile household, a family member’s criminal history, or the actions of anyone living with the applicant.
In 2022, following the U.S. Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen, Massachusetts amended its suitability standard. The legislature removed the “existing factors” language entirely. Now, a determination of unsuitability must be based on “reliable, articulable and credible information that the applicant has exhibited or engaged in behavior” suggesting a public safety risk.
That change is subtle — just a few words removed from the statute — but its impact is enormous. Suitability determinations must now focus on you and your conduct. A police chief can no longer treat your spouse’s arrest record, your child’s mental health crisis, or your sibling’s legal trouble as grounds to deny your application.
Why This Matters for Massachusetts Gun Owners
For years, many applicants across Eastern Massachusetts have been denied LTCs not because of anything they did, but because of who they live with. A spouse with a criminal record. A child with substance abuse issues. A roommate who had a run-in with the police. Under the old law, chiefs could point to these “existing factors” and deny an otherwise qualified applicant.
The Guinane decision makes clear that this approach no longer holds up. The court stated plainly that the denial of an LTC application “cannot be based on speculation.” If the chief has no reliable information about the applicant’s own behavior suggesting a safety risk, the license must be issued.
This doesn’t mean a chief is powerless. If you engage in behavior that creates a legitimate safety concern — even after receiving your license — the chief can still pursue a suspension or revocation. But the initial decision to grant or deny your application has to be about you.
What You Should Do If Your LTC Was Denied
If your LTC application was denied because of a family member’s actions, you may have strong grounds for an appeal. The Guinane decision gives applicants a clear framework to challenge these types of denials.
An experienced firearms attorney can review the specific reasons for your denial, evaluate whether the chief applied the correct legal standard, and represent you in District Court. Many denials that seemed reasonable under the old law simply don’t hold up under the current standard.
Attorney Matthew Peterson represents people across Eastern Massachusetts in LTC appeals and firearms licensing matters. If you’ve been denied a gun license and believe the decision was based on someone else’s conduct rather than your own, contact the Law Office of Matthew W. Peterson at 617-391-0060 today for a consultation.
