The following are crimes that, if convicted, will disqualify you for a License to Carry (LTC) and/or Misdemeanor Conviction Dis-qualifier for Firearms Identification (FID) Card. Under Massachusetts law, misdemeanors punishable by imprisonment for more than two years include, but not limited to, the following offenses:
- Assault and Battery (c. 265, § 13A)
- A and B on Ambulance Personnel (c. 265, § 13I)
- A and B on Public Employee (c. 265, § 13D)
- A and B/Property Damage to Intimidate (c. 265, § 39)
- Assault (c. 265, § 13A)
- Permitting Injury to a Child (c. 265, § 13J)
- Resisting Arrest (c. 268, § 32B)
- Destruction Church/School Property (c. 266, § 127A)
- Destruction Jail Property (c. 266, § 130)
- False Statement to Insurer (c. 266, § 11B)
- Larceny from Elder/Disabled Person (c. 266, § 30(5))
- Receiving Stolen Property Under $250 (c. 266, § 60)
- Shoplifting Over $100 (c. 266, § 30A)
- Wanton Destruction Property Over $250 (c. 266, § 127)
- Homicide by Vessel While Operating Under the Influence (OUI) and Operating to Endanger (OTE) (c. 90B, § 8B(2))
- Motor Vehicle Homicide While OUI and OTE (c. 90, § 24G(b))
- Operating after Suspension for OUI/MVH, etc. (c. 90, § 23)
- OUI (c. 90, § 24(1)) – After May 1994
- OUI on a Vessel (c. 90B, § 8(a))
- OUI on a Vessel With Serious Bodily Injury (c. 90B, § 8A(1))
- OUI With Serious Bodily Injury (c. 90, § 24L(2))
In order to be eligible to receive a new or to renew a LTC, an applicant must be deemed by the Chief of Police to be a suitable person. The Chief of police considers factors such as the applicant’s reputation in the community, his/her involvement in criminal activities that did not lead to an arrest or conviction, association with known criminals, etc. In addition, the following statutory restrictions affect an applicant’s suitability.
- Applicant is committed to an institution for mental illness
- Applicant is being treated or confined for drug addiction or habitual drunkenness
- Applicant is under age 21
- Applicant is an alien of the United States
- Applicant is subject to any Chapter 209A protective order in Massachusetts or similar domestic violence stay-away order in another state
- Applicant is subject to an outstanding arrest warrant
- Applicant was convicted of a misdemeanor offense punishable by imprisonment for more than two years
- With respect to an FID permit only, a person who has been convicted of such offense may apply for an FID if five years has passed since such conviction and/or probation period, whichever occurred last.
- Applicant was convicted of a violent crime
- Applicant was convicted of a felony
- Applicant was convicted or adjudicated as a youthful offender anywhere for:
- Commission of a felony or misdemeanor with a sentence greater than two years
- Commission of a violent crime
- Violation of any firearms law punishable by imprisonment
- Violation of any narcotics law
Pursuant to Chapter 140 section 129B of the Massachusetts General Laws, the Chief of Police may not deny an applicant’s request for a FID Card unless he/she is subject to one of the statutory disqualifications listed above.