Can I Appeal if My Application for a Gun License Was Denied?

Written By: Matthew W. Peterson

Published: 10/29/2021

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Understanding Gun License Denials

If your application for a gun license was denied, you may be able to gun license appeal with an attorney. It depends on the reason for the denial.

Grounds for Appeal

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.

The SJC recently provided important guidance on what “unsuitability” actually means:

It must be based on “narrow, objective, and definite standards”.
It cannot be based merely on what a police chief feels or thinks.
It requires “credible information” that the person would pose “a risk to public safety or a risk of danger to self or others”.
Decisions must be supported by “reliable, articulable and credible information” about specific behaviors.
When denied, you must receive written notification with specific reasons.
These determinations are subject to judicial review.

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).

Filing an Appeal

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.

The Appeal Hearing

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. The Law Office of Matthew W. Peterson is glad to help – call or text us today at (617) 295-7500.

Frequently Asked Questions (FAQs)

1. What are the common reasons for gun license denial?

Common reasons for gun license denial include felony convictions, domestic violence charges, gun-related offenses, drug crimes, and findings of unsuitability due to threats to public safety.

2. How long do I have to file an appeal after my gun license is denied?

You must file your appeal within 90 days of the denial. This is a strict deadline, and missing it may result in losing your right to appeal.

3. Can I appeal if I have a misdemeanor conviction?

Yes, you can appeal if you have a misdemeanor conviction that is not related to domestic violence, drugs, or firearms. In such cases, you may appeal to the firearm licensing review board.

4. What evidence do I need to present at the appeal hearing?

At the appeal hearing, you will need to present evidence demonstrating your suitability to carry a firearm. This may include character references, proof of rehabilitation, and any other relevant documentation that supports your case.

5. Why is it important to hire an attorney for my appeal?

Hiring an attorney who specializes in gun license appeals is crucial because they understand the legal requirements and technicalities involved in the process. They can help you prepare your case effectively and represent you during the hearing.