Read this BEFORE you petition the Firearms Licensing Review Board

The Massachusetts Gun Control Act of 1998 was touted as a major public safety win for gun control activists who were seeking to limit individual access to firearms. This now two-decade old sweeping reform created new provisions which disqualified thousands of individuals from renewing their LTCs. Unfortunately (and perhaps unintentionally), these new provisions affected law enforcement officers and regular citizens in equal measure. In response, law enforcement unions and 2A-friendly groups like GOAL lobbied the Legislature to provide relief and, in 2004, the Massachusetts Legislature created the Firearms Licensing Review Board (“FLRB”).

The FLRB was empowered by statute to restore individual firearms rights to persons convicted of certain Massachusetts misdemeanor offenses (generally OUI and non-domestic assault and battery convictions) punishable by a maximum possible term of imprisonment of 2 1/2 years. Approximately 400 people have successfully petitioned the FLRB since 2004 and subsequently obtained their LTCs.

Unfortunately, despite case law to the contrary, the federal government (ATF) maintains an unwavering position that the FLRB cannot restore an individual’s right to possess a firearm under federal law . The ATF position is based upon an expansive reading of the Supreme Court’s 2007 Logan decision which was rejected by the Supreme Court of the State of New Hampshire in 2015.   The FLRB has operated for many years despite ATF’s position on the issue. However, on May 23, 2018, the current executive administration, acting in concert with ATF, announced a new interpretation of state and federal law that invalidated all previously issued FLRB restorations and triggered a flurry of LTC revocations and denials.

I began litigating against this new interpretation of law in late-2018 with the support of Commonwealth Second Amendment ( There are now over 2 dozen court decisions that have rejected ATF’s opinion and have ordered the reinstatement of FLRB-supported LTCs. (More information on these decisions can be found under the “Press” link on this site).

I am continuing to fight for the rights of FLRB petitioners at an appellate level. I hope to have a favorable, binding court opinion by early 2021 that will make clear that a favorable FLRB decision restores an individual’s right to obtain an LTC and possess a firearm in Massachusetts. In the meantime, any person who is seeking FLRB relief should be aware that the FLRB has stopped issuing favorable decisions. The FLRB will hear your case but will automatically deny your petition based upon their support of ATF’s flawed interpretation of law.

Any new developments on this issue will be announced here first. Feel free to ask questions on this thread or contact my office for more information.

13 thoughts on “Read this BEFORE you petition the Firearms Licensing Review Board


    Thank You Attorney Guida! We certainly need your expertise in this fight to protect our LTC’s from the convoluted gun laws. I personally appreciate all the help you’ve been to me in the past regarding my “License to Carry”. Best of Luck!


  2. rubensalvarez20

    I read the issues of not restoring people’s right for small offenses. How about other offenses that they use around the hood areas for techniques to charge people. But the excuses are plead guilty and we try to get you on probation. For drugs offenses not know when your young that hurts you in the future. How about convicts that totally are completely doing good in Society with no problems. People do change for the better if they give them the chance.


    1. jaguida

      The short answer is that not much can be done in these situations unless the Massachusetts Legislature expands the expungement statute to allow more people to seek relief for old offenses.


  3. rubensalvarez20

    I thank you Attorney Jason A. Guida for your hard work and helping millions of people to restore there rights, and empowering the laws from over using there power to strip people rights.


  4. Rene Nazario

    Hi Attorney Guida, my question is simple, I live in CT now, I’ve been completely out of the system for the past 19 years and my last offense was back In 1997. I have also sealed my record in MA. I am trying to obtain my concealed carry permit in CT and was denied in 2018. In the state of CT I have a clean record not even a ticket. Every lawyer I’ve reached out in CT tells me “I have to deal with MA. on that issue” I don’t know what else to do..


  5. GARY

    Hello, long story short, I live in the town I grew up in and an now 45 thru the years ive had many ruin ins with local police but never any felonys but 2 assault and battery I believe both under 18 and both cwof also 2 or 3 recieving stolen property under 250 1 dismissed right away and the others cwof after year nothing else. I just applied after cleaning up my life and no run ins with police over 5 years .I applied for ltc and they denied it within 5 days and said it was because of numerous run ins with local police and a violent charges in the past!! It was a past girlfriends ex boyfriend that I fought with and it was always when he drank, i strictly protected myself and do not and am the most non violent person and anyone I know would say. It’s actually quite insulting saying I’m violent! If they said I was ignorant when they dealt with me or I just plainly they don’t like me I’d say to myself ok maybe I was a jerk that day but violent?? Come on… They are 100% flexing there muscle at me that’s it… it comes down to them not being able to ever stick me with a charge I didn’t deserve and staying in a town for 45 years.. I’d really like to appeal this and get it over turned but from what I read your saying there’s no way right now? I just have to give in let them take a right we are all suppose to have? It’s not right….


    1. jaguida

      Hi Gary – it sounds like you have been deemed to be unsuitable. These are difficult situations. Feel free t contact my office to discuss.


  6. Raymond M Dunham Jr.

    I was convicted of a felony in 2008. I haven’t been in trouble before or after this incident. Do I stand a chance of getting my LTC reinstated


    1. jaguida

      Hi Raymond – a felony conviction results in the loss of firearms rights in the United States. Please contact our office to see if there are any avenues of relief for you. (617) 383-4652


  7. Jackson Keane

    Any updates on this?

    I spoke to your office by phone in 2019 about this matter.

    Convicted of a misdemeanor A&B (a bar fight 6 months after turning 21 and losing my father/best friend to a heart attack at age 42) in 2011. I served 1 year supervised probation.


Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s