Wilmington, MA asked in Gov & Administrative Law, Constitutional Law and Civil Litigation for Massachusetts

Q: Seeking relief from firearm disabilities in MA with a felony conviction.

I am seeking relief from firearm disabilities through the state or courts in Massachusetts. I understand that the Firearm Licensing Review Board (FLRB) will not review applications for felony convictions. I have a felony conviction, and I am looking for guidance on what legal options may be available to me to pursue relief despite this restriction. Could a lawyer provide advice on how to proceed with my case in Massachusetts?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: In Massachusetts, a felony conviction does create significant challenges when seeking relief from firearm disabilities. As you mentioned, the Firearm Licensing Review Board (FLRB) will not review applications involving felony convictions. However, there may still be some potential legal avenues for you to explore. You could begin by investigating whether your felony conviction has been expunged or if you are eligible for expungement. Expungement could restore certain rights, but this process can be complex and may depend on the nature of your conviction and your criminal history.

Another possible option is applying for a pardon from the Governor of Massachusetts. A pardon may restore your rights to possess a firearm, though it's a lengthy process and not guaranteed. If you are considering this route, you may need to demonstrate that you have been rehabilitated and show good moral character since the conviction. In addition, some pardons may be granted with specific conditions attached, so it's important to understand how this might affect your situation.

Consulting with an attorney who has experience in criminal law and firearm-related matters in Massachusetts could provide you with a more detailed understanding of your case. They can help you assess the best course of action, whether that involves seeking a pardon, exploring expungement, or pursuing any other legal options that could apply to your unique circumstances.

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