In September 2025, the Law Office of Matthew Peterson achieved an important victory for a client in Framingham District Court: the full reinstatement of his firearm License to Carry after a difficult year-long legal battle.
What Happened to Our Client
About a year before this victory, our client was involved in a car accident where he sustained a head injury. Following this incident, police charged him with several serious offenses: operating under the influence, possession of a firearm while intoxicated, negligent operation of a motor vehicle, and improper storage of a firearm.
The improper storage charge was dismissed early on at a clerk magistrate’s hearing. However, immediately after the incident, our client’s License to Carry was suspended—even though he had not been convicted of anything yet.
Fighting the Criminal Case
We took the criminal case to trial in Framingham District Court. After hearing all the evidence, a jury acquitted our client of the most serious charges: operating under the influence and possession of a firearm while intoxicated. The only charge the jury found him guilty of was negligent operation—a traffic offense that is also considered a criminal charge in Massachusetts.
The Firearm License Reinstatement Process
Right after our client’s license was suspended, we filed a timely notice of appeal and requested a hearing in Framingham District Court. This step is critical and must be done quickly—there are strict deadlines that cannot be missed.
However, we made a strategic decision to delay the hearing until after the criminal trial was complete. Why? To protect our client’s Fifth Amendment rights. Anything said at a license hearing could potentially be used against him in the criminal case, so we waited until that case was resolved.
The Reinstatement Hearing
Once the criminal trial ended, we moved forward with the license reinstatement hearing before a judge in Framingham District Court. During this hearing, we cross-examined the two police officers involved in the case.
We made several key points:
- The only charge our client was convicted of was negligent operation. The licensing authority agreed at the hearing that this traffic offense alone would not have been enough to suspend his license—it simply wasn’t a concern for his “suitability” to carry a firearm.
- The jury acquitted our client of operating under the influence and possession of a firearm while intoxicated. Because the jury found him not guilty, there was no factual basis to support those allegations.
- There was also no factual support for the improper storage charge, which had already been dismissed.
After considering our arguments and the evidence, the court reinstated our client’s License to Carry.
Understanding Massachusetts "Suitability" Standards
In Massachusetts, licensing authorities have broad discretion under what’s called the “suitability” standard. This means they can suspend a person’s License to Carry for pending criminal charges—even before any conviction, even if charges are later dismissed, and sometimes even for incidents where charges were never filed at all.
This standard gives authorities significant power, which is why it’s so important to have an experienced Boston criminal defense attorney if your license is suspended.
Why Timing Matters
If you’re facing a License to Carry suspension during a pending criminal case, time is critical. You must appeal your suspension within the required timeframe, even if you plan to wait until your criminal case is resolved before holding the actual hearing.
Missing these deadlines can mean losing your right to challenge the suspension. Don’t let the complexity of the process or the stress of criminal charges cause you to miss important filing deadlines.
We're Here to Help
At the Law Office of Matthew Peterson, we handle both License to Carry appeals and criminal defense cases throughout Eastern Massachusetts. We understand how these cases intersect and can develop a comprehensive strategy to protect both your freedom and your Second Amendment rights.
If you’re facing a similar situation—whether it’s a pending criminal case, a suspended firearm license, or both—we encourage you to call us today. These cases require careful attention to detail, strategic timing, and aggressive advocacy, and we’re ready to fight for you.
