Firearms Rights Restoration

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.

278 thoughts on “Firearms Rights Restoration

  1. Michael

    My name is Michael j rabb I am an convicted felon. Was released April 19 2004 haven’t been any any trouble since. Would like to buy a hand gun for protection.

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    1. jaguida

      A felony conviction results in the loss of firearms rights in the United States. There are very few options for restoration in Massachusetts. You may wish to discuss a case review with our office – (617) 383-4652.

      Like

  2. Raymond Harris

    I have a old non violent felony that’s hendering me from getting my gun license also my passion to be a gun smith I live in California

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    1. jaguida

      Good afternoon – felonies can be difficult, there are a many factors that need to be reviewed to see if you have an avenue of relief to restore your firearms rights. Please contact our office to discuss a case review service at (617) 383-4652.

      Like

  3. JACK TIGHE

    1998 had a felony in which I was given a first offender pardon for in Louisiana. Served in the Army from 06-2010 was just denied ltc and purchased rifle in in texas 2022 stating my felony prohibited me. Very confused

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    1. jaguida

      Hi Jack – it sounds lie either the pardon did not restore your firearms rights or the record was not properly updated. We would need to look into the issue further. Please contact our office to discuss a case review service at (617) 383-4652.

      Like

  4. Matt

    Hello, I have an OUI 2nd in MA from about 7 years ago with a guilty ruling (First OUI was CWOF) . Given the potential of 18 months this falls in the misda-felony category, is there anything that can be done?

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    1. jaguida

      Hi Matt – you may be a good candidate for a restoration of rights through the Firearms Licensing Review Board. There is more information about the FLRB on my website. Please contact my office to discuss at (617) 383-4652.

      Like

  5. Johnny Rodriguez

    Mr. Guida,
    I was charged with a misdemeanor assault charge in 1994 when I was 19. I am currently 47, and a retired Special Forces Green Beret with over 21 years of military service. Can I get my gun rights reinstated in Massachusetts. I currently live in NC.

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    1. jaguida

      Hi Johnny – you may have an avenue of relief but we would need to look into it further. Please contact our office to discuss a case review service at (617) 383-4652.

      Like

      1. Juan F

        Hello I recently was charged with a dwai in NY which is a traffic infraction and does not come with a criminal record. So 1 how does this effect my ltc and if it doesn’t effect me at all when I go to update my license do I put that I was arrested for this on my renewal application?

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      2. jaguida

        Out of state incidents can affect suitability for an LTC and must be disclosed on an LTC application. Our office offers an LTC preparation service if you need assistance.

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    1. jaguida

      Good afternoon – a felony conviction for unlawful possession of a firearm results in a lifetime loss of firearms rights in the United States. There are very few options in Massachusetts to restore rights for this type of charge. If you would like our office to look into this further, please contact our office to discuss a case review service at (617) 383-4652.

      Like

  6. Sean Harte

    I recently received a denial due to a section 35 that occurred in 2000, which I told them about. I now have the denial letter & want to appeal to a judge, letters in hand from addiction professionals stating I’m in long term recovery. Do I need to have a letter from a doctor or it’s up to the judge? Do I follow the normal appeal process in this case?

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    1. jaguida

      You cannot appeal to the denial to District Court. You must first restore your firearms rights which were lost as a result of the S35. I helped draft the restoration of rights statute and have handled these in courts throughout MA. Please call our office before you make a mistake and try to fix it on your own – (617) 383-4652.

      Like

  7. John B

    I had a felony conviction when I was 17 years old in Massachusetts. I obtained a firearms card in NH but was not able to purchase a gun. I tried to obtain a governors pardon and was denied because I wasnt get other involved and didnt provide friends letter of my character. I want to get a gun legally. The felony was a stolen vehicle that is now sealed in Mass.

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      1. James mandeville

        I have a receiving stolen property from 1997 or larceny over $250 but I had a lame public pretender who told me that the charge would not affect me later on and I was denied a ltc and can’t buy any firearms even a long gun would that be able to be reopened and get a new trial to have it removed considering that Massachusetts raised its felony charge to over $1200 or something like that?

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      2. jaguida

        Reopening a case is not easy – it requires a careful review of the case records to determine a likelihood of success. While you may not have liked your court appointed attorney, they are attorneys and there is a presumption that they did their job adequately. We offer a case review service to look into the matter further – feel free to call or email on our website.

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  8. Brian Campbell

    Hi I was convicted in 2013 for assault and battery with a deadly weapon a (firearm) no firearm was found I plead guilty due to it being in my best interest to due so according to my attorney at the time I served 18 months in Billerica got out no probation or anything haven’t gotten into any trouble since it’s been 8 years I have statements from the alleged witness stating he wasn’t there when the crime allegedly took place but the police report says otherwise I was wondering if there is anything I can do I’m interested in sealing and possibly expunging my past record and restoring my rights to at least be able to obtain a fid card

    Like

  9. Brian Campbell

    Hi I was convicted in 2013 I was 21 at the time I’m now 31 for assault and battery with a deadly weapon a (firearm) no firearm was found I cooperated with police allowed them to search my home I collected knifes at the time which is legal told the police that i collect knifes not a problem plead guilty due to it being in my best interest to due so according to my attorney at the time I served 18 months in Billerica got out no probation or anything haven’t gotten into any trouble since it’s been 9 years I have statements from the alleged witness stating he wasn’t there when the crime allegedly took place but the police report says otherwise I was wondering if there is anything I can do I’m interested in sealing and possibly expunging my past record and restoring my rights to at least be able to obtain a fid card

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    1. jaguida

      Good afternoon – I believe you may have commented here before. Your situation sounds very complicated. Sealing your record will not restore your firearms rights and the Massachusetts expungement statute is very limited and does not cover dangerous weapons. Our office can offer a case review to look further into the issue – but, truthfully, there is often nothing that can be done for this type of situation.

      Like

  10. Brian Joyce

    Can you help me. I have two duis. Found guilty both times. Once in 07 other in 12. I don’t live in Mass anymore. I haven’t for almost 9 years. I live in Florida and want to purchase a gun. But I can’t because the 2.5 year sentence structure in mass. How do I go about this?

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    1. jaguida

      Good afternoon – OUI in Massachusetts carries a maximum penalty of 2 1/2 years and results in the permanent loss of 2A rights in the U.S. Often, with one OUI conviction, clients can seek a partial restoration of rights through the Firearms Licensing Review Board. This restoration is recognized under MA and NH law but not federal law or in Florida. With 2 OUI’s the process becomes far more difficult. If you would like us to take a closer look into your situation, please contact our office and discuss a case review.

      Like

  11. Sean McDermott

    I have a felony conviction for larceny over , it was CWOF but I VOP ended up doing 9months for the violation. I would like to get my FID. Is there anyway to vacate my guilty plea for the VOP to restore my firearm rights ? Thats the only conviction on my record thats holding me up .

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    1. jaguida

      Hi Sean – a lot depends on the grounds of the VOP and the process that led to the conviction. It is certainly not an easy issue to resolve. Please contact our office to discuss a case review so we can look into it further.

      Like

      1. Sean McDermott

        Isn’t there leniency for restoration of firearms rights for a convicted felon for a FID only after 5 years ? How does that work ?

        Like

  12. Erik Craven

    A first and only DUI in MA over 10 years old is disqualifying me for firearms purchases in other states since I have moved away from MA. What can I do?

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    1. jaguida

      An OUI conviction in MA results in the loss of 2A rights in the U.S. because of the potential 2 1/2 year sentence. Unfortunately, the restoration of rights Massachusetts provides (Firearms Licensing Review Board) may not be recognized by law enforcement in other states and is not recognized by the federal government. The exception is New Hampshire – an individual restored his rights here, moved to NH and successfully sued to force NH to recognize his restoration.

      This may be an option for you. I recommend speaking with a 2A attorney in the state that you reside and contacting our office if that attorney is willing to fight for you in your home state.

      Like

      1. Erik Craven

        Thank you for your response. I will be in contact with a 2A lawyer here because MA banning me from firearm ownership is unconstitutional and illegal. I will be in contact with your office when we get to that point. Thank you.

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  13. Travis

    I had my ltc taken in 2012 because my wife filed a restraining order there was never any violence and I had it dropped and plead to criminal mischief that does not carry a handgun disqualifier. Would I be able to get my ltc reinstated. It’s my only arrest other than motor vehicle driving under suspension.

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      1. Travis

        It has been almost 10 yrs since mine was taken for restraining order , I have no felony or hand gun disqualifier. How would I go about getting my ltc back

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      2. jaguida

        You can reapply – the police department will review your past history and determine your suitability to hold the license. We offer an LTC preparation service if you require assistance.

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  14. William Ritchie

    I had a restraining order 1993. Ex wife left the state in 1995. Allowed by me. The
    New Law went in to affect 1998. Was never told anything by the Court after 1995.

    Like

  15. James

    I have 1 involuntary hospitalization, and cases for firearms, receiving stolen vehicle, and b&e, that are likely to end with not guilty by lack of criminal responsibility. Will I be able to get rights restored through relief from disability?

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    1. jaguida

      In short answer – maybe, someday, through a petition to the same court to restore your rights. This is not an easy process and you will need to wait at least 5 years before you can attempt it.

      Like

  16. Mike c

    I have a juvenile AB from 19 years ago, I was 15 at the time. I have no other violent crimes and no weapons offenses (a few mostly decriminalized misdemeanors). The police department I went to pointed to that charge and said it was the only barrier. Would sealing this under 100b restore my firearm rights or would I need to expunge it?

    Like

    1. jaguida

      Sealing provides no benefit for firearms rights. If you have been in court more than twice under the age of 21 (or in court even once as an adult), you cannot expunge. You may be eligible for the Firearms Licensing Review Board – feel free to give our office a call at (617) 383-4652 to discuss.

      Like

  17. Joseph Robinson

    i need help!
    -i was a massachusetts resident my whole life until january 2023
    -i plead guilty to an oui in massachusetts over 15 years ago
    -i applied for and received a massachusetts fid card a number of years AFTER the oui incident (so i passed background check)
    -i moved to maine in january 2023 and became resident
    -i attempted to purchase a firearm in maine as a maine resident and was denied
    -i inquired with cjis for the reason which came back as the massachusetts oui incident.
    -i have had zero legal issues or traffic issues since the oui incident over 15 years ago

    is there any way possible to restore my 2a rights without taking a million years and costing me a fortune???

    Like

    1. jaguida

      An OUI in MA carries a potential 2 1/2 year sentence which results in the loss of 2A rights in the United States. OUI convictions are very difficult to vacate. You may be eligible for the Firearms Licensing Review Board but neither Maine nor the federal government recognizes the restoration the FLRB provides. At best, you may be able to restore your rights with the FLRB and then litigate in Maine to restore your state rights there – this was done in NH with success. It will take time and money.

      Like

  18. Craig

    My name is Craig and and im a MA resident. I want to apply for a Ltc. I plead nolo meaning i plead not guilty nor innocent but accept punishment to avoid costly trial in RI back in 2013 on a felony charge Domestic B and E , non violent and no prior history, nothing stolen or damaged. Was a deferred sentence. Bad divorce all nonsense. My record in RI regarding this is currently expunged. Do i have a chance of getting my License in MA? Im a dad who was awarded sole legal and physical custody of my kid. I cause no trouble but pick women poorly. Lol

    Like

    1. jaguida

      A Nolo plea is essentially a guilty plea – nolo contendere means you are not contesting the charges against you. If the record was expunged, your eligibility may be restored for the LTC (but suitability could still be in play). You should also know that the federal government has recently determined that RI expungements do not restore federal gun rights. Give our office a call to discuss a case review if you are seeking further assistance.

      Like

  19. Fred

    I was section 12’d in MA twice for psychatric care. Once in 2018 and once again in 2020. Neither time was my LTC Class A revoked. I let my LTC lapse due to fear my local PD would refuse to renew it (I do not own any firearms). Am I able to reapply? How do I answer the questionnaire? Thank you!

    Like

  20. Eric

    Hello. I am looking to restore my 2a rights in 2014 I took CWOF plea on a domestic. It was basically a small shoving match, we’re still together after a long break she will testify that I am no danger to anyone. In 2017 someone was harassing my wife the police said they couldn’t help because he was using a false name so I confronted him and it ended up with an assault and battery that got dropped. I haven’t had any trouble since and am looking to obtain an FID or LTC for all lawful purposes, my past is hindering me can you help?

    Like

    1. jaguida

      Hi Tom – I am one of the only attorneys that has restored firearms rights for clients after a section 35. Please give my office a call at (617) 383-4652.

      Like

      1. Hey Jason,

        Much appreciate you constant efforts for right to carry/own.

        I contacted a couple years ago because I have a MA oui in MA, was 18 and a Rai resident at the time.

        Completely accept my fault at this point in life, however, still fear trying to apply for license. I recently bought a house in RI so perhaps it doesn’t even matter, worked for DMH “Campus Police” since 2012. Long story there but to advertise or label on pay, let us join MAP while we where a public safety patch with no power of arrest seems odd to me.

        I’m sorry I’m babbling but when I go to the “I union” AFSCME” we get NO support even though we’re in the same contract as “MHW” workers whom are considered direct contact.

        Ok, sooo, I’ve babbled, my point here is do you or can you refer to an attorney that handles contractual union laws? I’m certain after my 11 years that the union has failed upon it’s duty of fair representation. Most recently, ALL MHW workers received a 15% pay I crease allll of it not a portion all of it. We all fall under the same contract, however, campus police, are regularly disregard, quite frankly abused not only by admin but the union itself.

        Sorry, for going on but you are very responsive to everyone that contacts you which is quite commendable. A try good guy. We need some help but honestly feel like we have a legitimate case against the union of which we pay into.

        Sorry again, I absolutely know your time is $$. If you know someone that might have the same determination such as yourself, campus police, have much to say which would likely blow up the “campus police” in the first place. Biggest issue is breach of our unions responsibility of “fair representation” I’ve been there 11 years – it’s completely non existent. That 15% raise though, end of the trust as the president and relations completely left is as well as others under same contract COMPLETELY out a 15% raise.

        Sorry again but I can’t sit back while I know fair representation is NOT being represented Marlana

        Like

  21. John Michael Jasinski

    Hi attorney Guida
    I recently moved full time to Fl.
    I went to purchase a fire arm in Fl. and was denied. I appealed and it came back as upheld due to two DUI one in 2013 last one in 2017.
    Is there nothing I can do as far this .
    Thanks

    Like

    1. jaguida

      Hi John – an OUI conviction in MA carries a potential 2 1/2 year jail sentence. This potential sentence results in the loss of 2A rights in the United States. MA has established a adjudicatory hearings board that can restore firearms rights – unfortunately, the federal government does not recognize this board’s decisions. As a result, we could work to restore your rights here in MA but you would then need to attempt to enforce this restoration in FL.

      Like

      1. jaguida

        Often other states do a poor job of checking backgrounds – however, if your fingerprints are in the FBI database, FBI/NICS will deny a purchase at a firearms dealer.

        Like

  22. Evan Geisler

    My name is Evan Geisler and I am an afganistan veteran and 3 years ago I was incarcerated and I’m just trying to get my firearms permit so I can hunt again

    Like

  23. Alex Sledzieski

    I had OUI in February 1995, over 28 years ago, at age 27. No accident no one injured. Pulled over.
    Since then, nothing. I have opened a contracting business for last 21 years, married raising 4 kids and have coached high school athletics as head football coach for 21 years in Mass
    I would like to obtain FID card to get back into shooting targets and hunting waterfowl as I did in my youth.
    Suggestions appreciated
    Thank you
    Alex

    Like

    1. jaguida

      Felonies can be difficult in MA – we would need to look into the cases to see what, if anything can be done. Contact our office to discuss a case review (617) 383-4652

      Like

  24. Keith Gould

    Hello Mr. Guida I am a resident od Berkley Ma and in 2017 the state police physically took my ltc when they arrested me for oui among other things. I got a good attorney and fought it for a year and half. At which point fed up with the judicial system and needing my drivers license I took a cwof. I finished the unsupervised probation no issues. There is more to the story but I want my now expired ltc back. My household everyone else has their ltc including my mother. Wanted to see what options I have before talking to the cheif. My family is well known and very reputable in the town also they are very well off. I’m In process of looking for options.
    Any help would be greatly appreciated.

    Like

    1. jaguida

      Good morning – the CWOF does not prohibit you – but there may be more to this that may lead to a suitability issue. Feel free to give our office a call, we will likely start with a case review to look into this further. (617) 383-4652.

      Like

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