If you’re applying for a License to Carry (LTC) in Massachusetts, you’ve probably heard the term “suitability” come up. It’s a word that can feel intimidating, and for good reason—it gives local police chiefs significant power over your firearm license application. But here’s the good news: suitability decisions are not unlimited, and Massachusetts law puts meaningful limits on what the police can use against you.
This guide will walk you through what suitability means, how it works after the 2024 legislative changes, and most importantly, what protections you have under the law.
The Two-Part Test: Statutory Prohibitors and Suitability In Massachusetts
Getting an LTC in Massachusetts isn’t just about passing a background check. You have to clear two separate hurdles.
First, you cannot be a “prohibited person.” The law lists specific disqualifying factors: felony convictions, certain misdemeanor convictions, domestic violence-related offenses, restraining orders, and mental health commitments. If any of these apply to you, you’re categorically barred from getting a license.
Second, even if you’re not prohibited, the licensing authority (usually your local police chief) must still find you “suitable.” This is where things get more nuanced—and where many applicants run into trouble.
What Changed After Bruen and the 2024 Law
The legal landscape for gun rights in Massachusetts shifted dramatically in recent years. In 2022, the U.S. Supreme Court’s decision in NYSRPA v. Bruen recognized that the Second Amendment protects the right to carry a firearm outside the home. Massachusetts courts have acknowledged this change, recognizing that possession of a firearm outside the home is now constitutionally protected conduct.
Following Bruen, the Massachusetts Legislature amended the firearms statutes in 2024. The new law requires licensing authorities to issue licenses unless the applicant is either a prohibited person or determined to be unsuitable under M.G.L. c. 140, § 121F. This transformed Massachusetts from a “may issue” state—where police had broad discretion—to a “shall issue” state.
What does this mean for you? It means your right to carry is real, and police cannot deny your license based on vague concerns or personal preferences. They need actual evidence.
The Suitability Standard: "Reliable, Articulable and Credible
Under M.G.L. c. 140, § 121F, a finding of unsuitability must be based on “reliable, articulable and credible information that the applicant has exhibited or engaged in behavior that suggests that, if issued a license, the applicant may create a risk to public safety or a risk of danger to themselves or others.”
Let’s break that down. The evidence must be:
- Reliable — not rumors, speculation, or unverified accusations
- Articulable — the police must be able to explain specifically why it matters
- Credible — there must be reason to believe the information is actually true
This is a meaningful standard. Courts reviewing suitability decisions must ensure the licensing authority’s decision is based on objective evidence that reasonably suggests an individual poses a risk to public safety. The decision cannot be arbitrary or capricious.
Yes, Police Can Consider Dismissed Charges—But There Are Limits
Here’s where many gun owners get worried: Massachusetts law allows police to consider things that aren’t on your criminal record, including dismissed charges, restraining orders that were later vacated, and other incidents that never resulted in a conviction.
But the law doesn’t give police a blank check to use anything and everything against you. There must be credible evidence to support the underlying allegations—not just the fact that a charge once existed.
Think about what a dismissed charge actually represents. It means the Commonwealth never proved its case. Maybe the charges couldn’t survive the fact-finding process. Maybe witnesses didn’t show up. Maybe there simply wasn’t enough evidence. A dismissed charge is not a conviction, and it shouldn’t be treated as proof that you did something wrong.
The statute requires evidence that you “exhibited or engaged in behavior”—actual conduct, not mere accusations. When police rely on dismissed charges without any corroborating evidence that the alleged conduct actually occurred, they’re building their case on a foundation of sand.
The Hearsay Problem: What Police Cannot Use
One of the most important protections you have involves hearsay—specifically, unreliable or “rank” hearsay. When police deny an LTC based on a suitability finding, they’re making a decision that implicates constitutional rights. That means they can’t just rely on what someone told someone else without any indication the information is trustworthy.
Multilayered hearsay—what one person told another person told the police—is particularly problematic. Without any way to test the reliability of these statements, how can you defend yourself against them? How can you know if the original source was telling the truth, or if the information got distorted as it passed from person to person?
Courts have recognized that using such evidence in a process that affects constitutional rights violates fundamental principles of fairness. Statements relied upon for suitability determinations must bear substantial indicia of reliability. That means looking at factors like:
- Whether the evidence is based on personal knowledge or direct observation
- Whether observations were recorded close in time to the events
- The level of factual detail provided
- Whether the statements are internally consistent
- Whether the evidence is corroborated by other sources
- Whether the person making the statement had any bias or motive
- Whether the circumstances support the truthfulness of the statements
Rehabilitation Matters
Another important protection: police cannot treat old incidents as permanent disqualifiers without considering your rehabilitation. The Massachusetts Appeals Court addressed this principle in the Nichols case, emphasizing that a licensing authority must actually evaluate evidence of rehabilitation rather than treating past conduct as an immutable bar.
The Supreme Judicial Court made a similar point in Chief of Police of Worcester v. Holden, noting that it is “within the applicant’s grasp” to engage in evaluation and treatment that would address the chief’s concerns about suitability. The passage of time and evidence of changed circumstances are relevant considerations.
What does this mean practically?
If something happened years ago—especially if charges were dismissed—and you’ve lived a law-abiding life since then, that matters. Your fifteen years of clean living, your stable employment, your role as a parent, your contributions to your community—all of this is relevant to whether you pose any current risk to public safety.
Police departments that mechanically deny applications based solely on old incidents without considering rehabilitation are acting arbitrarily.
Your Right to Appeal
If your application is denied, you have the right to appeal. Under M.G.L. c. 140, § 121F, you can file a petition for judicial review in the district court within 90 days of the denial.
Here’s something important: in the appeal process, you’re not limited to whatever the police considered. Massachusetts courts have recognized that the statute contemplates an evidentiary hearing. As the Appeals Court explained in Godfrey, the statute directs that a decision be made “after having heard all of the facts.” You can present relevant evidence showing that you are a proper person to hold a license, or that the licensing authority’s decision was arbitrary, capricious, or an abuse of discretion.
The court can order your license to be issued if it finds there was no reasonable ground for the denial and you’re not otherwise prohibited by law.
The Bottom Line
Suitability is not a rubber stamp for the police to deny anyone they want. The Second Amendment is a real right, and Massachusetts courts have recognized that it protects your ability to carry a firearm in public. Police discretion has limits.
To find you unsuitable, the licensing authority must have reliable, credible evidence—not just accusations, not just entries on a court docket, not just what someone told someone else. They must consider your rehabilitation and your current circumstances. And if they don’t follow these rules, you have the right to challenge their decision in court.
If you’ve been denied a license to carry based on old or dismissed charges, or if you believe the police relied on unreliable information, don’t assume you’re out of options. The law provides meaningful protections, and courts take these rights seriously.
About the Author: Matthew Peterson is a Boston criminal defense attorney serving eastern Massachusetts. He represents clients in firearm license appeals and other criminal matters. For more information, call 617-295-7500.
