Firearms Licensing office not advancing my application

[r_smith6699]

I have applied for a massachusetts firearms identification card and have submitted all necessary documentation including documents from my medical provider as requested. I completed the interview and fingerprinting process and have been told that there is nothing more I can/need to do. This was about 5 months ago. I suspect they are intentionally delaying sending it up to the state level for approval due to my criminal record but with no convictions.
Do I have any recourse to get them to move the process forward?

 

[PayrollHRGuy]

I was under the impression that the state only issues if there isn't a local LEA to do it.

 

[r_smith6699]

I'm not 100% how it works. There is a state hotline number to check the status of the application and when I call they say my application is "still under review" which I believe means that the local PD has the paperwork essentially stuffed in a drawer somewhere, never to be further processed.

 

[adjusterjack]

Do I have any recourse to get them to move the process forward?

Probably not.

Massachusetts is a "may issue" state which is the worst rating a state can have for carry permits. Worse, you actually have to have a valid reason for requesting a permit which means you are subject to the whim of your local issuing authority. That you have any kind of arrest record, even without convictions, may be enough to put the kibosh on getting a permit.

 

[r_smith6699]

I am not applying for a carry permit; I'm applying for my FID which HAS to be given unless a person is legally disqualified(I am not) or they can file in court to stop it if they have sufficient reason. Having provided medical documentation, I am confident they do not have any standing in court.

From MGL site:
11/2)(a) Notwithstanding paragraph (1) to the contrary, the licensing authority may file a petition to request that an applicant be denied the issuance or renewal of a firearm identification card, or to suspend or revoke such a card in the district court of jurisdiction. If the licensing authority files any such petition it shall be accompanied by written notice to the applicant describing the specific evidence in the petition. Such petition shall be founded upon a written statement of the reasons for supporting a finding of unsuitability pursuant to subsection (d).

(b) Upon the filing of a petition to deny the issuance or renewal of a firearm identification card, the court shall within 90 days hold a hearing to determine if the applicant is unsuitable under subsection (d) of this paragraph. Such a petition shall serve to stay the issuance or renewal of the firearm identification card pending a judicial determination on such petition.

(c) Upon the filing of a petition to suspend or revoke a firearm identification card, the court shall within 15 days determine whether there is sufficient evidence to support a finding that the applicant is unsuitable. Such petition shall serve to effect the suspension or revocation pending a judicial determination on the sufficiency of evidence. If a court determines that insufficient evidence exists to support a finding of unsuitability, the licensing authority shall not file a petition under this subsection for the same applicant within 75 days of the licensing authority's previous petition for that applicant. If a court determines that sufficient evidence exists to support a finding of unsuitability, the court shall within 75 days hold a hearing to determine if the applicant is unsuitable under subsection (d); provided, however, that such initial suspension or revocation shall remain in effect pending a judicial determination thereon.

(d) A determination of unsuitability shall be based on a preponderance of evidence that there exists: (i) reliable, articulable, and credible information that the applicant has exhibited or engaged in behavior to suggest the applicant could potentially create a risk to public safety; or (ii) existing factors that suggest that the applicant could potentially create a risk to public safety. If a court enters a judgment that an applicant is unsuitable the court shall notify the applicant in a writing setting forth the specific reasons for such determination. If a court has not entered a judgment that an applicant is unsuitable under this clause within 90 days for petitions under clause (ii) or within 75 days under clause (iii), the court shall enter a judgment that the applicant is suitable for the purposes of this paragraph.

 

[xylene]

You have no good DIY options. You need a firearms lawyer. Contact a gun club or the NRA for recommendations.

 

[Mass_Shyster]

I have applied for a massachusetts firearms identification card and have submitted all necessary documentation including documents from my medical provider as requested. I completed the interview and fingerprinting process and have been told that there is nothing more I can/need to do. This was about 5 months ago. I suspect they are intentionally delaying sending it up to the state level for approval due to my criminal record but with no convictions.
Do I have any recourse to get them to move the process forward?

First, check with the Firearms Records Bureau to see what the status is. That information is located here:

https://www.mass.gov/how-to/check-the-status-of-your-firearms-license-application

You can contact one of the Massachusetts gun rights associations, Gun Owners Action League (GOAL) or Commonwealth Second Amendment (Comm2A).

Call your police chief and ask what the status is.

Call your local politicians and ask them why they allow the police chief to drag his feet for five months when the law specifies he must approve or deny within 40 days.

You could file a petition for judicial review in the District Court that has jurisdiction over your town. That will cost around $200 in filing fees. It may get things moving, but it may not work since you are only allowed 90 days after the denial to file the petition, and since no actual denial has taken place, you can claim constructive denial occurred when the the chief did not issue the license within the required 40 days.

Both the Gun Owners Action League and Commonwealth Second Amendment can refer you to a lawyer specializing in firearms laws.

I was under the impression that the state only issues if there isn't a local LEA to do it.

The local police chief is the designated licensing authority. He or She takes the application, and will, if approved, forward the information to the Firearms Records Bureau ("FRB") for processing. The FRB will run another check, and print the license if the applicant is not disqualified.

Probably not.



Massachusetts is a "may issue" state which is the worst rating a state can have for carry permits. Worse, you actually have to have a valid reason for requesting a permit which means you are subject to the whim of your local issuing authority. That you have any kind of arrest record, even without convictions, may be enough to put the kibosh on getting a permit.

WORD!


(Although OP applied for a Firearms Identification Card ("FID Card") and not a License to Carry ("LTC"). An FID card is a "shall issue", except the legislature gave the police chiefs the ability to go to court to deny an FID Card based on suitability.)

You have no good DIY options. You need a firearms lawyer. Contact a gun club or the NRA for recommendations.

goal.org and comm2a.org are better sources for gun lawyers in Mass. The NRA as essentially given up hope in Mass

 

[adjusterjack]

I did not know the difference between an FID and an LTC. Now I do.

An FID card is a "shall issue", except the legislature gave the police chiefs the ability to go to court to deny an FID Card based on suitability.

Or just delay it until the applicant is compelled to spend thousands on a lawyer to go court to get it or just give up on it.

 

[Mass_Shyster]

I did not know the difference between an FID and an LTC. Now I do.



Or just delay it until the applicant is compelled to spend thousands on a lawyer to go court to get it or just give up on it.

We call that a soft denial

 

[adjusterjack]

OP should move to Vermont.

Or Arizona. Sunshine and constitutional carry. Who could ask for anything more?

 

[Mass_Shyster]

Or NH or ME

 

[PayrollHRGuy]

Or the majority of states actually.

 

[HighwayMan]

Or the majority of states actually.

Certainly not MD.