Prohibited Persons
Firearm Identification Card (FID)
Pursuant to G.L. c. 140, s. 129B(1), a prohibited person shall be a person who:
Statutory disqualifications for Massachusetts convictions
(i) has ever, in a court of the commonwealth, been convicted or adjudicated a youthful offender or delinquent child, or both as defined in section 52 of chapter 119, for the commission of:
(A) a felony;
(B) a misdemeanor punishable by imprisonment for more than 2 years;
(C) a violent crime as defined in section 121;
(D) a violation of any law regulating the use, possession, ownership, transfer, purchase, sale, lease, rental, receipt or transportation of weapons or ammunition for which a term of imprisonment may be imposed;
(E) a violation of any law regulating the use, possession or sale of controlled substances, as defined in section 1 of chapter 94C, including, but not limited to, a violation under said chapter 94C; or
(F) a misdemeanor crime of domestic violence as defined in 18 U.S.C. 921(a)(33);
Restoration of civil rights
provided, however, that, except for the commission of a felony, a misdemeanor crime of domestic violence, a violent crime or a crime involving the trafficking of controlled substances, if the applicant has been so convicted or adjudicated or released from confinement, probation or parole supervision for such conviction or adjudication, whichever occurs last, for 5 or more years immediately preceding such application, then the applicant’s right or ability to possess a non-large capacity rifle or shotgun shall be deemed restored in the commonwealth with respect to such conviction or adjudication and that conviction or adjudication shall not disqualify the applicant for a firearm identification card;
Statutory disqualifications of out-of-state convictions
(ii) has, in any other state or federal jurisdiction, been convicted or adjudicated a youthful offender or delinquent child for the commission of:
(A) a felony;
(B) a misdemeanor punishable by imprisonment for more than 2 years;
(C) a violent crime as defined in section 121;
(D) a violation of any law regulating the use, possession, ownership, transfer, purchase, sale, lease, rental, receipt or transportation of weapons or ammunition for which a term of imprisonment may be imposed;
(E) a violation of any law regulating the use, possession or sale of controlled substances, as defined in section 1 of chapter 94C, including, but not limited to, a violation under said chapter 94C; or
(F) a misdemeanor crime of domestic violence as defined in 18 U.S.C. 921(a)(33);
Restoration of civil rights
provided, however, that, except for the commission of felony, a misdemeanor crime of domestic violence, a violent crime or a crime involving the trafficking of weapons or controlled substances, if the applicant has been so convicted or adjudicated or released from confinement, probation or parole supervision for such conviction or adjudication, whichever occurs last, for 5 or more years immediately preceding such application and the applicant’s right or ability to possess a rifle or shotgun has been fully restored in the jurisdiction wherein the conviction or adjudication was entered, then the conviction or adjudication shall not disqualify such applicant for a firearm identification card;
(iii) is or has been:
(A) except in the case of a commitment pursuant to sections 35 or 36C of chapter 123, committed to any hospital or institution for mental illness, alcohol or substance abuse, unless after 5 years from the date of the confinement, the applicant submits with the application an affidavit of a licensed physician or clinical psychologist attesting that such physician or psychologist is familiar with the applicant’s mental illness, alcohol or substance abuse and that in the physician’s or psychologist’s opinion the applicant is not disabled by a mental illness, alcohol or substance abuse in a manner that should prevent the applicant from possessing a firearm, rifle or shotgun;
(B) committed by an order of a court to any hospital or institution for mental illness, unless the applicant was granted a petition for relief of the court’s order pursuant to section 36C of chapter 123 and submits a copy of the order for relief with the application;
(C) subject to an order of the probate court appointing a guardian or conservator for a incapacitated person on the grounds that that applicant lacks the mental capacity to contract or manage affairs, unless the applicant was granted a petition for relief pursuant to section 56C of chapter 215 and submits a copy of the order for relief with the application; or
(D) found to be a person with an alcohol use disorder or substance use disorder or both and committed pursuant to section 35 of said chapter 123, unless the applicant was granted a petition for relief of the court’s order pursuant to said section 35 of said chapter 123 and submits a copy of the order for relief with the application;
(iv) is at the time of the application younger than 14 years of age; provided however that the applicant shall not be issued the card until the applicant reaches the age of 15.
(v) is at the time of the application more than 14 but less than 18 years of age, unless the applicant submits with the application a certificate of a parent or guardian granting the applicant permission to apply for a card;
(vi) is an alien who does not maintain lawful permanent residency;
(vii) is currently subject to:
(A) an order for suspension or surrender issued pursuant to section 3B or 3C of chapter 209A or a similar order issued by another jurisdiction;
(B) a permanent or temporary protection order issued pursuant to chapter 209A, a similar order issued by another jurisdiction, including an order described in 18 U.S.C. 922(g)(8); or
(C) an extreme risk protection order issued pursuant to sections 131R to 131X, inclusive, or a similar order issued by another jurisdiction.
(viii) is currently the subject of an outstanding arrest warrant in any state or federal jurisdiction;
(ix) has been discharged from the armed forces of the United States under dishonorable conditions;
(x) is a fugitive from justice; or (xi) having been a citizen of the United States, has renounced that citizenship.
Suitability
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. G.L. c. 140, s. 129B(1 1/2)(d)
Prohibited Persons
License to carry Firearms (LTC)
Pursuant to G. L. c. 140, s. 131(d), a prohibited person shall be a person who:
(i) has, in a court of the commonwealth, been convicted or adjudicated a youthful offender or delinquent child, both as defined in section 52 of chapter 119, for the commission of
(A) a felony;
(B) a misdemeanor punishable by imprisonment for more than 2 years;
(C) a violent crime as defined in section 121;
(D) a violation of any law regulating the use, possession, ownership, transfer, purchase, sale, lease, rental, receipt or transportation of weapons or ammunition for which a term of imprisonment may be imposed;
(E) a violation of any law regulating the use, possession or sale of a controlled substance as defined in section 1 of chapter 94C including, but not limited to, a violation of said chapter 94C; or
(F) a misdemeanor crime of domestic violence as defined in 18 U.S.C. 921(a)(33);
(ii) has, in any other state or federal jurisdiction, been convicted or adjudicated a youthful offender or delinquent child for the commission of
(A) a felony;
(B) a misdemeanor punishable by imprisonment for more than 2 years;
(C) a violent crime as defined in section 121;
(D) a violation of any law regulating the use, possession, ownership, transfer, purchase, sale, lease, rental, receipt or transportation of weapons or ammunition for which a term of imprisonment may be imposed;
(E) a violation of any law regulating the use, possession or sale of a controlled substance as defined in said section 1 of said chapter 94C including, but not limited to, a violation of said chapter 94C; or
(F) a misdemeanor crime of domestic violence as defined in 18 U.S.C. 921(a)(33);
(iii) is or has been
(A) committed to a hospital or institution for mental illness, alcohol or substance abuse, except a commitment pursuant to sections 35 or 36C of chapter 123, unless after 5 years from the date of the confinement, the applicant submits with the application an affidavit of a licensed physician or clinical psychologist attesting that such physician or psychologist is familiar with the applicant’s mental illness, alcohol or substance abuse and that in the physician’s or psychologist’s opinion, the applicant is not disabled by a mental illness, alcohol or substance abuse in a manner that shall prevent the applicant from possessing a firearm, rifle or shotgun;
(B) committed by a court order to a hospital or institution for mental illness, unless the applicant was granted a petition for relief of the court order pursuant to said section 36C of said chapter 123 and submits a copy of the court order with the application;
(C) subject to an order of the probate court appointing a guardian or conservator for a incapacitated person on the grounds that the applicant lacks the mental capacity to contract or manage the applicant’s affairs, unless the applicant was granted a petition for relief of the order of the probate court pursuant to section 56C of chapter 215 and submits a copy of the order of the probate court with the application; or
(D) found to be a person with an alcohol use disorder or substance use disorder or both and committed pursuant to said section 35 of said chapter 123, unless the applicant was granted a petition for relief of the court order pursuant to said section 35 and submits a copy of the court order with the application;
(iv) is younger than 21 years of age at the time of the application;
(v) is an alien who does not maintain lawful permanent residency;
(vi) is currently subject to:
(A) an order for suspension or surrender issued pursuant to sections 3B or 3C of chapter 209A or a similar order issued by another jurisdiction;
(B) a permanent or temporary protection order issued pursuant to said chapter 209A or a similar order issued by another jurisdiction, including any order described in 18 U.S.C. 922(g)(8);
(C) a permanent or temporary harassment prevention order issued pursuant to chapter 258E or a similar order issued by another jurisdiction; or
(D) an extreme risk protection order issued pursuant to sections 131R to 131X, inclusive, or a similar order issued by another jurisdiction.
(vii) is currently the subject of an outstanding arrest warrant in any state or federal jurisdiction;
(viii) has been discharged from the armed forces of the United States under dishonorable conditions;
(ix) is a fugitive from justice; or (x) having been a citizen of the United States, has renounced that citizenship.
Suitability
The licensing authority shall deny the application or renewal of a license to carry, or suspend or revoke a license issued under this section if the applicant or licensee is unsuitable to be issued or to continue to hold a license to carry. A determination of unsuitability shall be based on reliable, articulable and credible information that the applicant or licensee has exhibited or engaged in behavior that suggests that, if issued a license, the applicant or licensee may create a risk to public safety or a risk of danger to self or others. G.L. c. 140, s. 131(d)(iii)(x)
VIOLENT CRIME
Definition
Pursuant to G.L. c. 140, s. 121, a “violent crime” shall mean any crime punishable by imprisonment for a term exceeding one year or any act of juvenile delinquency involving the use or possession of a deadly weapon that would be punishable by imprisonment for such term if committed by an adult that:
(i) that has as an element the use, attempted use or threatened use of physical force or a deadly weapon against the person of another;
(ii) that is burglary, extortion, arson or kidnapping;
(iii) that involves the use of explosives; or
(iv) that otherwise involves conduct that presents a serious risk of physical injury to another.
List of Offenses
The following is a list of offenses which appear to meet the statutory criteria for a violent crime in Massachusetts. While every effort has been made to include all so-called Massachusetts violent crimes on this list, please note that there may be additional offenses not listed which could also be considered violent crimes as broadly defined under M.G.L. chapter 140, §121. This list is intended only as a licensing guide, and all decisions with regard to this list are within the discretion of the licensing authority.
Note: The adjudication of a person as a juvenile delinquent for the commission of any crime on this list will result in a firearms licensing disqualification for a “violent crime” only if said crime involved the use or possession of a deadly weapon.
Crimes Involving Physical Force or Deadly Weapons
Motor Vehicles
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- 90, § 24G(a) Homicide by Motor Vehicle While OUI
- 90, § 24L Causing Serious Bodily Injury While OUI
Crimes Against The Person
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- 265, § 1 Murder
- 265, § 13 Manslaughter
- 265, § 13A Assault or Assault and Battery
- 265, § 13B Indecent Assault and Battery on Child Under Fourteen
- 265, § 13C Assault and Battery to Collect Money
- 265, § 13D Assault and Battery Upon Public Employees
- 265, § 13F Simple or Indecent Assault and Battery on a Mentally Retarded Person
- 265, § 13H Indecent Assault and Battery on Persons 14 or Older
- 265, § 13I Assault or Assault and Battery on an E.M.T. or Ambulance Operator
- 265, § 13J Assault and Battery Upon Child Causing Bodily Injury
- 265, § 13K Assault and Battery on an Elderly or Handicapped Person
- 265, § 14 Mayhem
- 265, § 15 Assault with Intent to Murder or Maim
- 265, § 15A Assault and Battery by Means of a Dangerous Weapon
- 265, § 15B Assault by Means of a Dangerous Weapon
- 265, § 16 Attempted Murder
- 265, § 17 Armed Robbery
- 265, § 18 Assault While Armed With Intent to Rob or Murder
- 265, § 18A Armed Assault in Dwelling House
- 265, § 18C Home Invasion
- 265, § 19 Unarmed Robbery
- 265, § 20 Assault with Intent to Rob or Steal – Unarmed
- 265, § 21 Stealing by Confining or Putting in Fear
- 265, § 21A Carjacking
- 265, § 22 Rape and Aggravated Rape
- 265, § 22A Rape of a Child by Force
- 265, § 24 Assault With Intent to Commit Rape
- 265, § 24B Assault of Child With Intent to Commit Rape
- 265, § 25 Attempt to Extort Money by Threat
- 265, § 26 Kidnapping
- 265, § 28 Use of Poison With Intent to Kill or Injure
- 265, § 29 Assault With Intent to Commit a Felony
- 265, § 37 Interfering With Constitutional Rights – if bodily injury results
- 265, § 38 Abuse of Patients in Long-term Care Facilities
- 265, § 39 Assault or Battery for Purposes of Intimidation
- 265, § 43 Stalking
- 265, § 44 Assault and Battery on Child Under Eighteen – Coercion to Join Gangs
Crimes Against Morality
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- 272, § 3 Administering Drugs for Sex
- 272, § 13 Drugging to Detain Person For Prostitution
Burglary, Extortion, Arson or Kidnapping
Burglary
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- 266, § 14 Burglary While Armed – Assault on Occupant
- 266, § 15 Burglary – Unarmed
- 266, §16 Breaking and Entering with Intent to Commit Felony
- 266, §17 Entering in Nighttime without Breaking, or B&E in Daytime Building, Ship, Vessel or Vehicle
- 266, §18 Entering Dwelling House in Night or B&E in Daytime w/o Putting in Fear
- 266, §19 Breaking and Entering Railroad Cars
Extortion
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- 265, §25 Attempt to Extort Money by Threats
- 265, §26 Extortion in Connection with Kidnapping
Arson
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- 266, § 1 Arson of Dwelling
- 266, § 2 Willful and Malicious Burning of a Building/Arson of Non-Dwelling
- 266, § 5 Burning Personal Property Over $25 – Burning Motor Boats and Vehicles
- 266, § 10 Burning Insured Property
Kidnapping
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- 272, § 1 Abduction Under Age Sixteen for the Purpose of Marriage
- 272, § 2 Abduction Persons for the Purpose of Prostitution
- 265, § 26A Custodial Kidnapping – if child taken outside MA or exposed to great risk
- 265, § 26B Drug Induced Kidnapping
Explosives
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- 266, § 101 Malicious Explosion
- 266, § 102 Throwing Explosives at Person or Property
Other Serious Risks of Physical Injury
Attempts, Threats, Accessories and Conspiracies
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- 274, § 6 Attempts– for violent crimes outlined in c. 140, § 121(i)
- 275, § 2 Threats– for violent crimes outlined in c. 140, § 121(i)
- 274, § 2 Accessory Before the Fact– for any violent crime outlined in c. 140, § 121
- 274, §7 Conspiracy– for any violent crime outlined in c. 140, § 121
Restraining Orders
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- 209A Violation of a Restraining Order
Note: Violation of a restraining order is a “violent crime” for the purposes of firearms licensing disqualification if in violating the order, the defendant caused the victim physical harm, or threatened or attempted to cause the victim physical harm, or placed the victim in fear of imminent serious physical harm, or caused the victim to engage in sexual relations by force, threat of force or duress.