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I am applying to get my LTC firearms permit and have a few class D poss. charges as well as minor poss. of alcohol charges.

Amesbury, MA |

I ordered my own CORI and after looking at it, the Class D charges were "non- conviction" and minor possesion of alcohol where "convictions"(plead guilty to one of them). I also have at least one arrest as a minor (doesn't show up on my CORI). Do I need to request my juvinile record? also, will i have any problems obtaining my licence to carry a firearm?

Attorney Answers 3


It is impossible to predict whether or not you will be able to obtain the license and, because you have some criminal history, albeit not violent convictions per se, I would recommend consulting an attorney to assist you with your application as such licenses are generally difficult to obtain in Massachusetts. Best of luck.

Please be sure to mark if you find the answer "helpful" or a "best" answer. (It lets us know how we are doing.) Attorney Kremer is licensed to practice in Massachusetts. Please visit her Avvo profile for contact information. In accordance with Avvo guidelines, the following disclaimer applies to all responses given in this forum: The above is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created through the above answer.

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LTCs are issued at the discretion of the police in your community. Some are tougher than others, and even the most minor infraction will effectively prohibit you from obtaining one in some communities. I agree that you should contact an attorney who can assist you with this application process and possible appeal of an unsuccessful application.

Providing users with information is not intended to create an attorney/client relationship. However, if in reading my response, you are interested in retaining me to represent you, please do not hesitate to contact me.

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You need to see your juvenile record. You may have problems obtaining a LTC. Section 131, subparagraph (d) of Chapter 140 of the Massachusetts General Laws (available to you online) sets out the exclusions for elegibility for getting a LTC. The law sets out the following exclusions (this is not the entire list but it addresses the crimes you refer to):
(i) a conviction or an adjudication as a youthful offender or delinquent child for the commission of (a) a felony; (b) a misdemeanor punishable by imprisonment for more than two years; (c) a violent crime as defined in section 121; (d) ...; (e) a violation of any law regarding the use, possesssion or sale of controlled substancesas defined in section 1 of chapter 94C. The minor in possession convictions are misdemeanors but they do not carry more than two years imprisonment so they are not automatic exclusions. The class D charges were non-convictions so they are not automatic exclusions. The juvenile arrest may or may not be an exclusion: we need to know the specific crime and whether or not you were adjudicated a delinquent child or a youthful offender. Even if none of your offenses meet the test for automatic exclusion the Chief of Police may deny you a LTC if the Chief finds that you are not a "suitable person". I have recently litigated this issue in both Peabody District Court and Malden District Court where the Chiefs of Police had denied an LTC based on the suitable person test. In both Courts the Judges overturned the decisions of the Chiefs of Police and ordered the Chiefs to issue the LTC.

Robert D. Lewin, Attorney
Offices in Andover, MA and Malden, MA serving all of Eastern Massachusetts
Tel. 781-322-2228
Fax. 781-322-6351

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