Massachusetts Firearms Attorney based in Western Massachusetts. Serving Springfield, Agawam,
Westfield, Longmeadow, Holyoke, Chicopee, Northampton, Belchertown, Granby, Deerfield, Greenfield, Pittsfield, North Adams and Great Barrington.
Attorney Stephen F. Burke
The much talked about new Massachusetts gun law is here. It is called Chapter 284 of the Acts of 2014. It replaces the last old Massachusetts gun law, Chapter 180 of the Acts of 1980. Not surprisingly, this piece of legislative nonsense does not correct any of the unfair provisions of the old law. The statutory requirements to obtain any type of firearms license in Massachusetts remain the same and in some cases have become more difficult. All it has done is create a few new “gotcha laws” that can put non criminal gun owners in jail.
The new law will be the same disaster for thousands of gun owners with old misdemeanor convictions and/or a court history that now disqualifies them from the license they held for many years.
Gun owners that had a “sealed record” learned the hard way that a “sealed record” is nothing but a scam, a fancy gift wrapped box with absolutely nothing inside. Gun owners that may have had a minor conviction for possession of marijuana, completed their probation and their record sealed, are now all to familiar with the situation when they found out they are no longer qualified to hold an LTC.
Gun owners that have a 20-50 year old minor conviction for a misdemeanor such as Assault and Battery or an Operating Under the Influence conviction after 1994, now find themselves reclassified as unsuitable for present day firearms licensing, despite the fact that they have never been again arrested and have continued to live a productive life.
They learned the hard way that they no longer qualify for a firearms license, had their license revoked and were ordered to surrender their firearms to the local police chief. Anyone who did not surrender their firearms upon receiving such an order will now be made into a criminal as a result of the latest “gotcha law” and subject to a jail sentence as well. All with no wrong doing on their part.
Gun owners who lost their license and complained to their state senators and representatives were told they could apply for a governor’s pardon are finding out that an unconditional pardon enabling one to possess a firearm in Massachusetts is granted about every 30 – 40 years. Relief from these convictions is possible and available on an individual basis. Certain convictions imposed in the District Court may be invalid and subject to reversal, thereby removing the event that disqualifies a person from obtaining a license. Court records from the original case may be in correct and wrong information has been acted upon which now disqualifies them from a license.
Persons with valid conviction for such offenses as Assault an Battery or Operating Under the Influence may now appeal to the Firearms Licensing Review Board (FLRB) for relief.
The FLRB is empowered to relieve a person from the licensing disabilities that were imposed by Chapter 284. When a licensing disability is removed, that person can then successfully apply to the local police department for whatever license suits their needs.
Attorney Burke has been successful in petitioning the FLRB and obtaining relief for persons who lost their right to a license as a result of recent Massachusetts gun laws as well as obtaining post conviction relief for certain convictions and district court appeals of LTC denials.
For a free initial consultation and case analysis, call Attorney Burke at 413-331-0537
A free initial consultation consists of about 5-10 questions from me to you to determine if I can help you. A substantial amount of free information as well as necessary forms are available on my website. Don’t be afraid to read the Frequently Asked Questions section, that is why it is there.
An initial legal consultation by telephone is available for $95.00. The consultation can last for up to ½ hour or until all of your concerns have been addressed. During the consultation, I will answer all your questions and review any documents you may send me. If I don’t have an answer at that moment, I will call you back when I research your issue. By the same token, the information gained in the consultation will be specific to
your personal situation and will be useful and necessary if my services are engaged.
In order to make your telephone consultation the most cost effective experience possible, I strongly recommend that you furnish me with a copy of your CORI and a obtain a copy of your LTC/FID license history. Request forms for CORI and LTC/FID license history can be accessed by clicking the Required Forms icon.
Forms to request your CORI can be downloaded from the Required Forms section of this website. They can also be accessed from the state website, www.mass.gov. This information is absolutely necessary to conduct a proper analysis of your situation. Remember, whatever you know about your situation, I know less and will need to know more in order to accurately assess your firearms licensing issues.