Wilmington, MA asked in Criminal Law and Civil Rights for Massachusetts

Q: How can I petition the court to restore my firearm rights after felonies in Massachusetts?

I am trying to petition the court to restore my firearm rights after a felony conviction for possession of ammunition, possession with intent to distribute a Class E substance, and two school zone violations in 2013. I have completed my probation, which ended in 2016. My attempt to expunge the record was denied by the Commissioner of Probation. What steps can I take to successfully petition for the restoration of my firearm rights?

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2 Lawyer Answers
Neil F. Faigel
PREMIUM
Answered

A: In order to attempt to regain your firearm license the first step should be to apply to your local licensing authority. Most likely, the police department. If it is then denied, an appeal to the applicable court would be the next step.

A: With a felony conviction, you are currently ineligible for a license to carry. However, you may be able to file a motion to withdraw the conviction (called a "Motion for New Trial"). In order to assess the potential path for such a motion, you should gather all of the court record, including docket, police report, complaint, and any motions filed, and consult with a defense attorney.

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