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What Could Cause a Gun License Suspension?

gun license suspension

In Massachusetts, your gun license can be suspended if the licensing authority determines that you may be a threat to public safety. Below are some examples of circumstances that may cause your firearms license to be suspended:

  • Misdemeanor domestic violence or assault arrest;
  • OUI or other alcohol-related offenses arrest;
  • A restraining order;
  • Living in the same home as a convicted felon;
  • Any felony conviction that would strip you of your right to own or possess a firearm

There are other reasons your firearms license could be suspended, such as failing to notify the issuing licensing authority of your change of address, or any other incident that puts your suitability in question.  This is true even if the incident didn’t result in criminal charges.

What Do I Do If my Gun License is Suspended?

If your gun license has been suspended, you will receive a notice in the mail from the licensing authority, usually your local police department. This notice will include the reason(s) for the suspension. You must then release any firearms in your possession to the licensing authority.

Can I Appeal an LTC Suspension/ Revocation?

Yes! If you feel that the revocation or suspension was done in error or unjustly, you have 90 days from when you receive the notice of your FID/LTC suspension to appeal the police chief’s decision. If a judge determines that the decision to suspend your license was not correct, or whatever issue prompted the suspension has since been resolved, they will reinstate your FID/LTC.

If you have been arrested and charged with a crime which disqualifies you from having a firearms license, there are some additional steps you should take before you begin the appeals process in order to get the charge(s) resolved. The first step you should take in this situation, is to hire a Massachusetts firearms attorney to help you sort out your criminal case(s) as smoothly as possible, so you will still be eligible to get your LTC or FID back from the licensing authority once your case is over.

If you decide to appeal a firearms license suspension, you should first contact an appeals attorney to help you with the appeals proceedings. They will aid you in filing a “petition for judicial review” which in the beginning of the appeals process. You will then attend a hearing, and during that hearing your attorney can present evidence, and call witnesses (as can the other side) to make your case to the judge as to why your firearms license should be reinstated. It’s recommended that you hire a firearms attorney to handle the hearing because they will have the knowledge and experience necessary to argue your case to a judge. During that hearing a judge will determine if the decision to suspend your license was correct.

Summary

If you received a notice in the mail that your FID/LTC has been revoked or suspended…

  1. Release firearms and ammunition to the licensing authority
  2. Look at the notice of suspension to understand the reason for the suspension/ revocation
  3. Resolve any (criminal, etc.) matters that may disqualify you from being able to obtain your firearms license
    1. If you have pending criminal charges that prompted the LTC or FUD suspension, contact a criminal defense attorney to help get your case(s) resolved
  4. Contact a firearms attorney to help you appeal the decision (if you so choose)

If your gun license has been suspended or revoked, you need an experienced firearms attorney on your side to help you weigh your options. I have handled dozens of firearms cases in the greater Boston area, and I know the steps we need to take to get the best possible outcome for you. Call or text me at 617-295-7500 to set up a free consultation by phone, Zoom, or in person at either our Boston or Salem office location!

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Boston Attorney

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