This video from the Masters of the Law series on ReelLawyers.com
If an old criminal conviction is affecting your firearms rights, you need the assistance and guidance of an experienced firearms attorney. Attorney Guida knows all of the avenues of relief available to firearms owners and he can work to quickly restore your rights. Contact Attorney Guida for assistance with:
Firearms Licensing Review Board Petitions – You only get one chance to ask the Board to restore your right to possess a firearm. Don’t go it alone! Attorney Guida served as Counsel to the Board for over 4 years. His clients rely on his experience to guide and support them through every step of the review process.
Criminal Record Corrections – If an old criminal record is keeping you from getting your license, you need a firearms attorney with experience in the criminal court system. Attorney Guida is that attorney. As a former prosecutor, Attorney Guida knows the rules and procedures that are used to correct errors, overturn old convictions and update criminal records.
Sealing Drug Convictions – A special provision of the law allows certain drug offenders to seal their convictions in a way that restores their firearms rights. Attorney Guida has extensive experience sealing drug cases and restoring his clients LTCs.
Attorney Jason A. Guida 
hello I’m RI have you ever heard or help someone in the state of Rhode Island get your gun rights restored
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Try Attorney Keith Langer – he does work in RI
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hello I recently had my ltc suspended and my firearms confiscated I was sectioned 35 twice is it possible to get my ltc and property back I’ve been sober since the last section. It was for alcohol
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There is a process to restore your rights. However, you cannot petition the court until 5 years have passed since your most recent commitment. At that time, you should contact our office to discuss the process.
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2 old domestic case out of mass. Now an ri resident. Anything we can do?
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Domestics are very difficult to resolve – they are not eligible for expungement in MA and, in most cases, the process that leads to the conviction is proper.
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Hello,
Federal non-violent conviction in MA. Been out over 10 years. Is it possible to get gun rights restored from convicting state or lifetime ban due to it being a federal conviction? I’ve since relocated to Florida.
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Unfortunately, there is not much in the way of relief for federal convictions. Keep an eye on the current case before the Supreme Court – Garland v. Range. This case may create an avenue for you to explore in your home state.
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Hello,
Thanks for taking the time to reply back to me. I will follow that case for the end ruling.
Best Regards,
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hi I wanted to find out if I am disqualified from getting a LTC. I do have 3 CWOF on my juvenile record and 1 CWOF on my adult record. Also there is a issue with a section 12 on my medical record. But the section 12 was only signed and dated the full application was never actually completed like it say it needs to be on the application. So I’m trying to figure out if this needs to be disclosed on the application. Also I would like to know if I could retain you as counsel to help me with these issues. Thank you
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CWOFs are not prohibiting – but they may be used for suitability purposes – along with any mental health matters. GIve our office a call to discuss.
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United States v. Cherry
United States District Court, Southern District of Illinois
Feb 1, 2024
23-cr-30112-SMY (S.D. Ill. Feb. 1, 2024)
Finding that “by imposing lifetime dispossession and criminalization,” Section 922(g) “clearly imposes a significantly greater burden on a convicted felon’s right to keep and bear arms” than any proffered historical analoguesSummary of this case from United States v. Gibson
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Hello,
I do not have any convictions on my record. I do have a few dismissals and a few CWOF. Last charge was over 20 years ago. I currently work in the town that I am applying for my LTC as a school bus driver for over 12 years. I have been denied twice but never appealed. Last denial was in 2021. Is this something you can help with if I take the class for the 3rd time and get denied again?
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We provide guidance for this issue through an LTC application preparation package. Please contact our office.
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looking to get my LTC approved.in mass.the police department approved me but the bureau denied me.and the chief of police said it’s a Marijuana charge from 1991 when I was 19 and Marijuana by the state is legal and no one cares about Marijuana. How much you charge?
Michael David Perry
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Good morning – marijuana convictions can still prohibit you from obtaining an LTC, depending on the amount and whether there was an intent to distribute/distribution. The next step is to contact our office to discuss a case review service which will allow us to look further into the matter and see if it can be resolved. The business line is (617) 383-4652. We are open M-F, 9-5.
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Hello I had a head injury at 18 got addicted to pain killers and led the life that goes with it. 2 possession charges, a few receiving stolen property 250 dollars. I was a big time hunter owned a lot of guns I slowly sold them all. Possession of a firearm without license and also a B & E. I did 2 yrs county for the gun and two state for the B&E.
Its a lot I get it but I also cleaned my life up and was corrected isn’t that the point? The last charge was Sept 9 2009 end of probation was Sept 9 2014. I haven’t spit on the sidewalk since. When from homeless to self made millionaire through a crazy amount of hard work . I want to be able to teach my son to hunt. I do not want to waste money trying to expunge for nothing. I would appreciate your opinion. Thank you
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Good afternoon – the Massachusetts expungement statute is very narrow and excludes persons who have appeared in court more than twice, or as an adult, or certain crimes. Felonies can be very difficult to overcome if expungement is not an option. Our office offers a case review service to look into the case and see if any avenue of relief is available; however, often times there is no viable option. Feel free to call our office if you wish to discuss further.
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Hi, my name’s Vincent Pirelli.
I was convicted in 2011 for a violent offense. And 2015 for a non violent offense. Both in Massachusetts. Neither of them involving a firearm.
I now reside in Idaho, I’m married. I just tried to purchase a gun last week and was told I cannot. In Idaho it says once someone has completed their probation/parole their rights are reinstated. This apparently is not applicable to out of staters.
please help.
I reached out to Alex Kincaid (a gun right lawyer here in Idaho) and she told me I had to go through Massachusetts.
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Good afternoon – your Idaho attorney is correct – you would need to restore your rights in MA because the offenses occurred in MA. Unfortunately, MA provides very few options for the scenario you describe. We would need to look into the matter further through a case review service – contact our office to discuss.
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Hi I live in RI but my very old non-violent charges are from Worcester, Massachusetts Goodcan you help me ?
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Good afternoon – you would need to restore your rights in MA because the offenses occurred in MA. There are a variety of factors that will determine your success, including your age at the time of offense and number of offenses. We would need to look into the matter further through a case review service – contact our office to discuss.
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my accident discharge case is ending with CWOF. My lawyer will be sealing the case once I complete probation.
if there a chance to regain my LTC in Lynn MA after?
I don’t have any convictions and had my license for over 10 years before this.
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Good afternoon – in the situation you describe, you will be at the discretion of your police chief – if he is willing to return it, great. If not, that is likely your answer.
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WHAT IS THE PROCESS TO RESTORING YOUR CIVIL RIGHTS/ GETTING FIREARM RIGHTS RESTORED, I WAS ARRESTED IN 2013, TRIED COMMISSIONER OF PROBATION REFUSED BECAUSE I WAS OVER 21
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We would need far more information about your situation. Call our office during business hours to discuss a case review. (617) 383-4652
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Hello, I had a M/V homicide due to Negligent Operation conviction in 2008, not operating to endanger or oui though. Nothing else on my record. Am I able to get my LTC or FID?
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Good afternoon – A MV/neg homicide misdemeanor conviction in Massachusetts results in the loss of your 2A rights in the US. Massachusetts offers the Firearms Licensing Review Board as a way to restore your rights in MA (but not federally). There is more information about the Board on our website. If you are interested in a restoration, you should contact our office – (617) 383-4652,
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I’m out of Boston I plead out to a violation of a restraining order that the lawyer told me it would be off my record 10 years later it’s still there and I’m trying to figure out how I can go about getting back in court so I can get my firearm license
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Good afternoon – An 209A violation conviction in Massachusetts results in the loss of your 2A rights in the US. Massachusetts offers the Firearms Licensing Review Board as a way to restore your rights in MA (but not federally). There is more information about the Board on our website. If you are interested in a restoration, you should contact our office – (617) 383-4652,
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Hi
I plead guilty for dui in 1995.
Not even a speeding ticket since. Now 55 applied for LTC and got denied.
Do I have any chance by fighting this?
Thank You
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Good afternoon – An OUI conviction in Massachusetts after 1994 results in the loss of your 2A rights in the US. Massachusetts offers the Firearms Licensing Review Board as a way to restore your rights in MA (but not federally). There is more information about the Board on our website. If you are interested in a restoration, you should contact our office – (617) 383-4652,
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if I received a carrying a firearm without a license charge in 1996 & received a mandatory 1 year minimum sentence …
can I go in front of the board to restore rights ??
no other convictions
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The FLRB cannot review firearms offenses
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Good evening Jason, in 2009 I was about 20 yrs of age and got an OUI. In 2010 I did 2 months in prison for parole violation of driving due to an emergency with my mother do to her medical problems. I did my 60 days and applied for my LTC at around 2022. My LTC was accepted/approved, was able to buy but when I went for a second, I was denied. I received my paper work as to why and showed my past of the OUI. I want to know I that is something I can fight my rights back for? I spoke with the cities Police department that take care of the LTC and he told me My license is active, just not federal i believe, in which I cannot buy. I just want to know if it’s something I can fight for because I do want it back, have not been in no problems since
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Operating after suspension for OUI is a 2 1/2 year misdemeanor, a prohibiting factor for an LTC and prohibiting under federal law. It is unlikely that much can be done on the federal issue – but you may want to restore your rights in MA through the FLRB before the LTC issue catches up with you .
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How can I proceed with the process of the FLRB? To move foward
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The best way forward is to contact our office at (617) 383-4652 and start with a case review. This will allow us to pull all of the records and discuss whether you are a good candidate for review.
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Had my LTC suspended out of Brockton because I was charged in a case involving marijuana where I wasn’t caught in the act of any crime or in possession of any controlled substances. Courts gave me a 6 mo cwof which I completed with no issue. Licensing officer in Brockton told me to submit my court docket for review to reinstate my license and has since not returned me calls or emails, it has been over four months since she received my paperwork. Anything I can do?
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Unfortunately there is only a 90 day window to file a petition to challenge the suspension. It sounds like you may have missed that window and now must hope the PD reinstates
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I’ve since moved to a new town, is there a way to have it revoked so that I can apply where I live now or is it all in the hands of the PD?
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It is the PDs license – they are in charge of deciding whether to expire it or revoke it
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hello my name is Michael back in 2004 I pleade guilty to assault and battery with a dangerous weapon( phone charger) compleded probation with out a problem I don’t have any felonies on my record, I been off probation ever since how do I restore my gun rights, I am a little confused because I never been to prison but I am having a lil issue with that process
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ABDW is a felony, unfortunately. It is difficult to restore rights for felonies in MA – contact our office to discuss a case review at (617) 383-4652
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mass resident I have plead guilty to possession of firearms charges and drug charges at seperate times most recent was 10 years ago do I have a chance to get them restored
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MA does not provide much to restore rights if you have been convicted of gun charges
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good morning – I would like to know if I can expunge my charges to restore my 2A rights. in 2008 I was convicted of selling a firearm and in possession of a firearm without a license. I was 18 at the time, I did my time and finished probation and haven’t been near a firearm since. Then in 2014 I was arguing with my ex-gf (at the time of charge we were in a talking stage) I think the neighbor called the police because of the yelling but it was never physical. police came and asked me what happen because when they came in all her shoe collection was knocked across the floor and I told the officer while she was trying to save her other shoes from being destroyed I pushed the boxes off her hand to get her angry because she love them shoes a lot but on the police report the officer lied and said put I pushed the shoebox off her hand to (scare) her which that lead to a Misdemeanor Domestic Assault Charge. then later in court I was scared to fight it because the officer lied and got away with it thinking I will not have a chance to prove my innocent and did not know much about the law then. the Charges went to Continue without a Finding because I completed the Batters program to avoid jail time. what are my options?
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Unfortunately, firearms charges are not eligible for expungement in MA. It would be difficult to reopen this type of case to restore your rights.
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why’d you delete my questions?
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It was not deleted, a response was provided
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Hi attorney Guida I am looking to ask a few questions about my LTC application I submitted. I submitted my application and was interviewed 50 days ago and my application is still pending background check review. With the passing of the new firearms legislation specially with respect to the new standards for the basic firearm safety course. Will my application continue to be processed after 8/1/2024. Or is my application going to be void until the new basic firearm safety course is implemented and I’m able to take that new course and have to resubmit? Also since it has been more that 40 days from application submittal should I file a petition in district court? If so will you be able to represent me in that process?
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1) there is a 90 day enactment period on the new bill – you should have the LTC before October 2) turnaround time on LTCs is generally 60-70 days depending on the town – I recommend checking the state hotline to see where it is at in the process before spending the money on litigation: (617) 660-4722
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ok thank you for your response. I have called the State hotline and I was told that my application is pending background check from local licensing authority. I do have one other question. If I was to order certain firearms online from a ma dealer and the dealer needs to order the firearms, if the dealer has them in his possession by 8/1/24 will he be able to transfer them to me at a later date. Once I have my valid LTC? My local PD told me that it will take 4 months to receive my LTC.
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Dealers are currently allowed to sell inventory lawfully possessed on their books on 8/1 – things may be different on 10/23
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ok thank you for your response. I have called the State hotline and I was told that my application is pending background check from local licensing authority. I do have one other question. If I was to order certain firearms online from a ma dealer and the dealer needs to order the firearms, if the dealer has them in his possession by 8/1/24 will he be able to transfer them to me at a later date. Once I have my valid LTC? My local PD told me that it will take 4 months to receive my LTC.
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I’m forty two years old now . I got my license to carry concealed at 21 years old and my neverhead. And you shouldn’t mind entirely life. I was in a motorcycle accident in my late 20s. The Dr Add scribed to me pain medication. Oxycontin, which well-known now more than ever. But not before how bad the stuff is in. It destroys your life so yeah I got a caught up. It destroyed my life and i had a bbgun plastic and the medication they arrested me and made me turn in my LTC When I was released from jail, I was told. I had to go return it to my town. Police office where I was given my license which I did this was.I want 15 years ago I don’t know what to do.I don’t know what to do.
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Feel free to contact our office to see if a case review makes sense for you
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hello my name is michael Martinez I caught a misdemeanor assault charge in 2004 in mass got probation completed that with classes and a couple of years after that caught a drug possession charge got probation and completed drug counseling I completed all the terms nothing on my criminal record how do I go about restoring my gun rights and what’s the process
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It appears you may have 2 different disqualifying factors for an LTC – contact our office to discuss a case review (617) 383-4652
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i was section 35 8 years ago due to a substance issue I completed the program and have been clean and sober for over 7 years. A little bumpy at first i have zero convictions just a cwof for possession over 8 years as well as a cwof for dui around the same time which was what prompted my family stepping in. One of my biggest regrets was losing my 2nd amendment rights due to the way the courts work they seized my weapons when i was arrested for misdemeanor possession but i couldnt appeal anything until the case was closed. As i understand it the legal aspects don’t statutorily affect my ability to posses a ltc but they sneak the rehab thing in there. I can provide proof that i have attended and completed numerous AA programs as well as worked with a counselor should i submit for reinstatement or just reapply.
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A S35 is a commitment and prohibits you from applying for an LTC or purchasing a firearm in the US. You will need to seek a restoration of rights before you attempt to apply for the LTC. This is an area of law that our office specializes in. Please contact us at (617) 383-4652 to get started.
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Hello. I had a conviction of a misdemeanor firearm offence (ammunition without an FID card) in Massachusetts back in 2012. My Probation ended back in 2014 with no incidents and all court fees paid. In 2020 I relocated to another state and as a hunter found out I am unable to purchase a new firearm still. I have had no other run ins with the legal system and never intend to have a firearm or ammunition in Massachusetts again. Is there anything I can do?
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Unlawful possession of ammunition is a state misdemeanor in Massachusetts with a potential incarceration of not more than 2 years. It is generally not interpreted as a prohibiting factor under federal law. It is possible that your charge was coded wrong in the criminal record or there is some other issue holding you up. We offer a NICS appeal service to assist clients in your position. (617) 383-4652.
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can you help someone who’s charges were more then 20 years ago in Massachusetts my name is mark
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A restoration of rights depends on many factors including the type of charges, dispositions and proceedings that led to the dispositions. We offer a case review service to look further into the matter. (617) 383-4652
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Hi attorney Guida
I have a section 35 from my past and I am looking to get my LTC. What are my first steps?
thanks
cam
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Good morning – you may be eligible for a restoration of rights petition if 5 years have passed since the commitment. This can be a pretty in-depth court proceeding and is an area that we specialize in. Give our office a call at (617) 383-4652.
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Hello, I posted in here yesterday but it appears my post is gone…
Good Afternoon…
I was recently told by the Licensing Officer in my town that the first entry is a disqualifier… I am looking to see if I am eligible under State law to seek an expungement to restore my gun rights…
I have 3 charges on my record
1989 Accessory after the fact ( to what I have no idea) guilty finding with probabtion
1990 Possession of Class D and disorderly conduct guilty on both with probation.
I have held an FID card for the past 24 years…
I look forward to hearing from you on this matter…
Thank you for your time…
Have a great day…
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Hi Paul – short answer – accessory after the fact is a felony. Due to (somewhat recent) amendments to the FID statute, convicted felons can no longer obtain FIDs. Felonies can be very difficult to address in MA – there are not a ton of options. However, we can look into it further through a case review service – contact the office at (617) 383-4652 if you wish to discuss.
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Note – I found your first request – if you were a juvenile, this may help.
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How do I begin?
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You may contact our office during business hours to discuss your issue and see what services are available – (617) 383-4652
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Hi attorney Guida I bought a sig MCX spear lt form a MA dealer on 8/8/24 that was in the dealers possession on 8/1/24. I wanted to know if this firearm will not be considered a copy or duplicate and is a grandfather as a ASF possessed on 8/1/24 by an LTC holder or ma dealer? Many people bought this style firearm in the days leading up to 8/1/24 and after that date that was lawfully possessed by An MA dealer on 8/1/24. I just want to make sure I won’t run into any problems owning this rifle.
Thank you.
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If the weapon is a “copy or duplicate” of a Colt -AR 15, it must have been registered in MA prior to July 20, 2016.
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it’s been 15 years sense my drug related felony and have not been in any trouble what so ever sense then. can i get my right to carry back?
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Felony charges are very difficult to address. Our office offers a case review service to look into the matter and see if there are any avenues of relief. You can discuss this service by reaching us at (617) 383-4652.
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I was sentenced to the A.C.C.A 922g can I restore my rights back?
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Good morning – it is unlikely that you will be able to restore your firearms rights after a federal firearms conviction at this time absent a significant change in law or decision by the Supreme Court
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i have 3 misdemeanor assault convictions from a single case in mass in 2007. I know the max sentence in mass is more than 2 years so i am federally banned as well. What are my options to restore my rights?
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Good morning – it is possible that MA rights could be restored through the Firearms Licensing Review Board depending on the nature of the offenses and the extent of your record. Best bet is to contact our office to discuss a case review service.
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Hello I have 3 misdemeanor assault convictions from a single case in 2007. I am a dual resident in MA and NH and looking at the atf 4473 it looks like I am still banned from buying a gun in nh because assault carries a 2 1/2 year max sentence in MA. Do I have any recourse for restoring my gun rights?
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Good morning – it is possible that MA rights could be restored through the Firearms Licensing Review Board depending on the nature of the offenses and the extent of your record. Best bet is to contact our office to discuss a case review service. FLRB decisions are recognized under NH state law but not federal law.
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I just recently had my juvenile record not sealed but completely expunged in Massachusetts how long until I can apply for my LTC
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MA Probation has built in a 60 day window to expunge a record after a court order – however, there are 4 different state agencies involved and if one does not do its job, the record will remain. If you have difficulty, our office can help.
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two separate time I was charged with Larceny over 250. This was over 10 years ago. I am a respected and contributing member of society. Am a business owner and in 9 months will be a father. Hunting is a huge passion of mine. Would you be able to help? No charges or anything in over 10 years. All my trouble was 19-23 yrs old I’m 33 now.
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Good evening – larceny over $250 is a felony and addressing felony convictions in MA is difficult. You are not eligible for expungement if one of the incidents occurred after your 21st birthday. You can reach out to discuss a case review for us to look into the case further.
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I pled to a felony dui to get license back faster was sole support for house hold that was 2016 i have since moved to flo but still cannot purchase firearm is there anything I can do
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Good afternoon – MA offers the Firearms Licensing Review Board (information on this website) as an option to restore firearms rights – however, the federal government does not recognize these restorations. Florida likely will not either. You would need to go through the restoration process and then litigate in Florida to get recognition.
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I had two larceny over 250 and one check fraud from over 15 years ago. Is it possible to restore my gun rights at all? Never been arrested nor have spent time in prison. Any help wild be greatly appreciated
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The charges that you list are felonies – a conviction on any one of them will prohibit you from possessing firearms under state or federal law. There is very little that can be done to address multiple felony convictions in Massachusetts. Our office offers a case review service to pull all the court records and provide a formal opinion as to whether there is an avenue of relief. Feel free to call the office to discuss.
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About 25 years ago I got pulled over for speeding and forgot i had brass knuckles under the passenger seat they were visible to the mass state trooper. I was arrested and charged with a dangerous weapons felony for those brass knuckles. Can I get my FID back somehow?
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Unfortunately, carrying brass knuckles is treated as a felony in Massachusetts (even though there is a possible misdemeanor disposition). This would require a motion to vacate the conviction. Our office starts by confirming the viability of such a motion through a case review. Feel free to reach out to the office to discuss.
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hi I completed the firearms safety course submitted my application. I pretty sure I am going to get denied. I have oui condition in 1994 and one In 2002. The first I was under the age of 21 and blew the breathalyzer the 2nd I did not. The police officer wrote up a bunch of other bogus charges because of this and I had a very bad lawyer. And was forced to plead to tho oui charge to have others dropped. Is there any way to appeal if I get denied. I should find out next Wednesday from my local police station on the status. I was there yesterday for fingerprinting and pay the fees. Also I have not gotten in any trouble since the 2nd oui. And in both cases there was no accidents or bodily injuries.
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Good afternoon – an OUI conviction in Massachusetts after 1994 will prohibit you from obtaining an LTC or exercising your 2A rights in the United States.
Massachusetts offers a restoration of rights procedure through the Firearms Licensing Review Board. You can learn more about this Board on our website.
You should call our office after you receive the denial letter at (617) 383-4652 to discuss the next step towards restoring your rights.
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how often do poeple that have been section 35ed get there rights restored
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Our firm specializes in assisting clients with a restoration of rights after a S35. Petitioners need to wait a minimum of 5 years from the date of the commitment. A good relationship with a physician or clinical psychologist is also helpful but not necessary. If you believe you qualify, please contact our office at (617) 383-4652.
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Will the USAG interim final rule last week open up the ATF’s restoration of rights program?
What would be the timing and process?
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We know as much as you as at this point – there was a press release but there are no guidelines or regulations on when this will occur, how it will work and who can apply. Additionally, it is unlikely to have an effect on state laws that restrict firearms rights.
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Hey Guida! Im an individual that in 2020 ended up getting my LTC in the state of Massachusetts. I was able to buy and when I went to buy for a second firearm it was revoked. Come to find out a 2009 problem that I had for an OUI when I was 20 came up, now I’m unable to obtain any firearms. Ever since I had to stop jobs i was applying for that I needed the LTC for. It put my hopes down but now Im here today and want to see if there’s a chance I’m able to get it back because I have friends that have recommended you
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Good afternoon – please reach out to the office – you may be FLRB eligible now and federal restoration eligible in the future
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