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.

332 thoughts on “Firearms Rights Restoration”

  1. Question with regard to LTC disqualification. What if the Massachusetts 1994 OUI arrest date was prior to the enactment of the increased penalties ie. arrested in April ’94 convicted June ’94? If the crime was committed on a date without knowledge of pending increased consequences but the conviction occurred after the newly enacted law would ex post facto apply or am I way off base?

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    1. jaguida

      You are correct. If you were charged prior to the change OUI in the law, you are not prohibited. However, we frequently see this issue come up on NICS denials or LTC denials and clients need our assistance.

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      1. Hello Mr. Guida. 3 years ago now my mother section 35ed me in Massachusetts. They took me from work and brought me to Lawrence court house and brought me to MASAC in Plymouth MA. Little did I know that would cause me to lose my right to carry, or own a weapon. I have no convictions for a felony or anything that would otherwise make me prohibited. I now live in NH. I know I have to petition the court that sectioned me and I would like to have my rights back like yesterday . Do I have to wait 5 years and then try to get relief ? Or can I do that today ? Please I would like your help if and when I can do this.

        Thankyou

        Ronald Savastano

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      2. jaguida

        You do need to wait 5 years – and the process to restore your rights will not be easy. Please reach out in a couple of years and we would be happy to help.

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  2. Christopher M Fernandez

    My LTC was approved by the sheriff of my town and sent to Boston for final approval, Boston sent it back to the sheriff saying I was disqualified for a assault and battery charge when I was 17 years old, The sheriff told me to contact an attorney who specializes in these cases to get it approved I am 46 years old now not the same person I was when I was 17 , what can I do to get my LTC that the sheriff had approved?

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  3. Gary Deleon

    I was arrested and charged with possession of a BB gun when I was 13 I’m 29 now and sealed my juvenile record will I be able to obtain an ltc?

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    2. austin palmer

      I was section 35 and was approved for my ltc last year and was able to purchase a firearm, however I went to purchase another gun today and was denied I’m assuming a new law passed for the section 35 but no one has come for my guns I’m sure they will now sny thoughts on this?

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      1. jaguida

        Hi Austin – yes, a Section 35 is an issue. You will need to restore your firearms rights as it is likely that you will lose your LTC at some point as well. Please give our office a call at (617) 383-4652 to discuss.

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  4. Robert St Louis

    I was in a bar room fight 3 months after getting home from the Gulf War where I served on the front lines. I was charged with assault and batters(felony) and served 4 days in a house of correction. That was 30 years ago and I don’t even have a speeding ticket to my name other than this fight. Any chance or getting something done to get my right to carry or even getting the felony overturned or expunged?

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  5. Steven Bureau

    All of my records in New Hampshire have been annulled. Does the ATF acknowledged annulments in New Hampshire as relief and restoration of my second amendment rights.

    I am being denied the purchase of a handgun, due to annulled records. Information was placed on my NICS index over a year after the record was annulled.
    I believe my III index and NCIC index show: No Records.

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    1. jaguida

      Hi Setven – sounds like you are running into a problem with NICS and may need a UPIN. Please contact my office to discuss a NICS appeal (617) 383-4652

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  6. Michael Rizzuto

    I applied for my LTC about 10 years ago and got denied because I did not know I pled guilty to a felony and paid a fine at Somerville District Court when I was 18 years old back in 1987 . I m 51 now and would like to know what I need to do. I have not had any incedents in over 30 year s. Thank you Michael Rizzuto @ razza2180@gmail.com. Also the price for the help would be great!

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  7. Angel Diaz

    Living in florida going on 18 years now.i was charged as a youthful offender in Worcester Massachusetts in 1997..clean since. Are you able to help. Wanting to get rights restored in florida.

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    1. jaguida

      My office offers a case review option to look closer into your case and determine if there is any avenue of relief. Please give my office a call at (617) 383-4652 to discuss

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  8. Salvador g Miranda jr

    Hello I’m trying to get my gun license in Virginia but I just found out that I have a drug felony conviction in Massachusetts about 20 years ago but I never did time what are my options

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    1. jaguida

      My office offers a case review option to look closer into your case and determine if there is any avenue of relief. Please give my office a call at (617) 383-4652 to discuss

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  9. Keith shaw

    Hi. I am looking to restore my rights for an LTC if possible. I had an FID card at 16. It expired in 1998. Since then I have had 4 misdemeanor convictions and a bunch of CWOF/dismissed. I am now 46. My FID card was never revoked or taken. Could you please call me and let me know what the process is and if it’s at all possible to get my rights restored. Thank you so much for your time. Keith
    Phone:508-615-2731

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    1. jaguida

      My office offers a case review option to take a closer look into your history and see if you have any avenue of relief. Please give my office a call at (617) 383-4652 to discuss

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  10. Christine

    Hello I live in Saugus. Mt husband and I were separatedast August 2020. His girlfriend at the time got a false restraining order on me. Our first hearing was scheduled for August 26, 2029. However, I was in a motorcycle accident on August 23, 2020 and iin a coma for 2 weeks. She was asked to drop the order but extended it by appearing at the first hearing.
    The order was taken out in dover,, NH. I didn’t have a chance to defend myself. She then tried to get a permanent order in March 17 of 2021. The order was dismissed and I got served with the dismissal the next day. In this process they took gun license and guns away. I have called the Saugus pd several times and emailed to no avail. I’ve been waiting s few weeks now. I would like my gun license back and my guns. I have no prior record of any kind. What do I need to do?

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    1. jaguida

      If you were convicted for a drug offense, you are prohibited from obtaining an LTC and may be prohibited under federal law. There are options but they are very limited and case specific. Happy to discuss if you contact our office.

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  12. Confused

    I live in Newton and am looking at applying for a LTC. I don’t want to actually carry anything on me or in my car, but just want to be able to purchase more than long rifles if I want. I have an expunged DUI arrest from 10 years ago that was out of state. I believe the penalty is 1 year if convicted which I was not (pretrial and probation). Is this something I need to mention in the process or will it not show up? Even if it might not show up would it be better to disclose it due to the out of state nature of it and the fact that it is 10 years old? Thank you!

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    1. jaguida

      Happy to assist – we offer an LTC preparation package where we prepare the application, guide you and answer all of your questions. (617) 383-4652.

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  13. I took an Alfred plea for a non violent misdemeanor over 10 years ago.

    No felony convictions

    Marine corps veteran

    Moved to Florida and applied to purchase a firearm. Got denied.

    I’ve had a long history with my ex wife.

    Bullshit restraining orders etc.

    All nonviolent crap & bs.

    Would you suggest a case review ?

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    1. jaguida

      We would need to look into the issue further to see what, if anything, can be done via a case review – although, to be fair, domestic violence issues can be very difficult to overcome. Please give us a call at (617) 383-4652.

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    1. jaguida

      We can look into the matter and see if there is something that can be done. Please contact us to discuss a case review – (617) 383-4652

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  15. John

    I’ve been in trouble a few times but only convicted once. It’s for a Wanton Felony in Massachusetts. If I’m correct that’s because a fine totaled over $1500. Can I get my firearms rights restored?

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  16. Russ chasse

    I was arrest in 1983 for receiving 2 items stolen from a store . Went to court in 84, payed restitution and judge say if I stay out of trouble for a year which I did he seal my case.well 40 years later I want to se if I could get my LTC back, had police check my record an told I can’t get my gun rights back because of a felony from 1983. I was under the impression I could get it but all the laws changed in 1999. Now I have aCORI file. I did hav a LTC license legally from 1982 ,the court didn’t say anything about that ,I don’t think they check it or I would think the court would say something about it. I did sell my handgun legally but I still have 2 rifles I haven’t touch in over 40 years. I would to try to get licensed renewed

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  17. Susan

    Convicted child support felon back in 2015, now living in Florida. How can I get my rights back. No other offenses on my record other than for child support.

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    1. jaguida

      Hi Susan – felonies can be difficult, we would need to take a closer look. Please give our office a call at (617) 383-4652 to discuss a case review.

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      1. jaguida

        Good afternoon – felonies can be difficult, there are a many factors that need to be reviewed. Please contact our office to discuss a case review service at (617) 383-4652.

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  19. Joe

    I have misdemeanor A&B (two of them) + misdemeanor larceny under $250 convictions, from around 2004, in MA. I want to join the national guard, and get my rights restored if possible. I don’t even want a license in Mass, I’m a ME resident now. Thanks.

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  20. Brandon Campbell

    I have a possession of class b and possession of a firearm from over 12 years ago ( under age 21) any chance of restoration of rights or expungement?

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  21. Justin Patricelli

    I’m interested in sealing and possibly expunging my past record. I’d be interested in trying to set up an avenue of approach. I’m not able to secure an FID nor LTC. looking for help. Thank you,
    Justin Patricelli

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  22. Melissa Fancher

    My name is Melissa I live in NH. I am a 51 year old married woman looking to restore my firearm rights.

    In 2001 I was convicted of a non violent felony.

    In 2015 I had an annulment. All of my background checks come back clean.

    I have a passport. I also have a TSA fast pass privelidge- but recently I tried to purchase a handgun and was denied.

    I’m not sure what steps if any I can take to restore this right.

    Thank you for you’re time.

    Melissa Fancher

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    1. jaguida

      Hi Melissa – if the conviction was in NH, you will need a NH attorney to check into and update your record. I have worked with Attorney Evan Nappen in NH before and he is good with gun issues.

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  23. William Petitpas

    I live in Masd and have my record sealed. On my record were 3 drug felonies , poss, int to dist and i believe distr. Obviously i had a problem. That was in 2010. I havent been in any trouble since then and even run a detox during the day. Do i have any chance to restore my gun rights?

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    1. jaguida

      Hi William – felonies are difficult to fix. We would need to look closer at the record. Please give our office a call at (617) 383-4652 to discuss a case review

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  24. Justcurious

    Hello, was “baker acted” in Florida and am curious if I still have my right to own a firearm. Was not “mentally adjudicated” as far as I’m aware as I did not appear in front of a judge and was released after the 72 hour observation but have received conflicting information regarding this. Any help is appreciated.

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      1. jaguida

        Good afternoon . We would need to look into this further. Please give our office a call at (617) 383-4652 to discuss a case review

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  25. Luis

    Hi my name is luis martinez and I wanted to know if I can get my civii rights restored I had a drug case when I was 18 I’m now 40 years old with a family. And I wanted to see if you can help me..

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  26. Carey

    Hi
    Marine corps veteran here
    Took a non violent misdemeanor plea deal almost 12 years ago in Massachusetts.

    I wrote a blog on the Internet titled a furious dad. My ex wife’s attorney teed off on me.

    I got 2 1/2 years but there were several misdemeanors rolled into one. None of them had a max sentence of over a year.

    They were stacked together to get 2 1/2

    I move to Florida and was denied a gun purchase. My guess is because of the sentence over a year ?

    Please assist.

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    1. jaguida

      Hi Carey – that situation needs a closer look. There are very few misdemeanors in MA that have less than a 2 1/2 year ma sentence. Please give our office a call at (617) 383-4652 to discuss a case review.

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  27. I have a felony for possession with intent to distribute on my record 2007 can I ever apply for a ltc haven’t been arrested or charged with anything since is there anyway of getting a ltc in Massachusetts or no …

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  28. Eric

    I was convicted of a felon in 2009 for possession with intent and I have a b&e from 2000 any way I can get a ltc with the proper procedure haven’t been in trouble since

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    1. jaguida

      Hi Eric – a felony conviction can be very difficult to address. If you would like a closer look at your situation, please give our office a call at (617) 383-4652 to discuss a case review

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  29. Everton A Bowens

    I was convicted of possession with the intent to distribute on july of 2005. As a first time offender I was sentenced to 5 years in prison and released. I have been out of prison for 10 years now and sealed my record. I wanted to know if there’s any hope of restoring my second amendment rights?

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    1. jaguida

      Hi Everton – it sounds like this was a felony conviction. There are very few option for people in our situation. If you would like a closer look at you case, please give our office a call at (617) 383-4652 to discuss a case review

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      1. Brian Campbell

        Hi I was convicted in 2013 for assault and battery with a deadly weapon a firearm no firearm was found I pleas guilty due to it being in my best interest to due so according to my attorney at the time I served 18 months got out no probation or anything haven’t gotten into any trouble since 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 to restore my rights to at least be able to obtain a fid card

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  30. David G Hoffmaster

    Hello I was arrested back in May of 2003. There were a lot of charges, but the only ones I was charged with were Possession of a Firearm without a license, assault to rob, and conspiracy to commit a crime. I’m wanting to get a firearm to protect my wife and 2 sons. Does the possession of a firearm automatically mean I will be denied automatically. It was the only time I have ever been in trouble. One stupid night, with an even bigger stupid idea. Please get back to me if you can. Thank you for your time. I hope to hear from back from you.

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    1. jaguida

      Hi David – if you were convicted of possession of a firearm, you are prohibited in Massachusetts from obtaining an LTC. If you were convicted of carrying a firearm, that is a felony and results in a loss of 2nd Amendment rights in the US. The charges themselves would be an issue with regard to your suitability to possess firearms in Massachusetts.

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  32. Thomas A Landry

    Hello,
    I was convicted of dui 3rd offense in 2008. I served my time, paid my fines and I am looking to see if my rights to own a firearm can be restored. I lived in NH at the time of arrest ( which was in Massachusetts). I now live in Arizona. Can this be done? Would I have to come back to Mass.?

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    1. jaguida

      Hi Thomas – being completely honest, I think it is unlikely. An OUI 3rd is a felony. OUI’s are typically well-litigated and a defendant’s rights are preserved. Our office is happy to look into it further for you if you would like – please reach out to discuss a case review.

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    1. jaguida

      Good afternoon – we would need to look further into the facts and circumstances that led to your conviction. Please give our office a call to discuss a case review. (617) 383-4652.

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  34. Scott McLean

    So I’m 1 of the 300 people that didn’t get there Dookhan scandal case vacated because I plead before the lab could test. I my case ended 15 years ago and would like to get my rights back could you be able to help?

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  35. Mike M

    Mr Guida,
    I have an assault with dangerous weapon and larceny charge in Massachusetts from 20 years ago, and since have turned my life around and have become a productive member of society and busines owner, not even a speeding ticket since..Do I have a chance to get my rights restored?

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  36. Justin

    I have a question. I have a guilty conviction for a misdemeanor OUI in Massachusetts. My probation ended in 2019. As soon as I got off of probation I moved to New Hampshire hoping I could own firearms again but because of the OUI I can not. Is there anything I can do to restore my right to own firearms again and stay a resident of New Hampshire?

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    1. jaguida

      You may be eligible for relief by the Firearms Licensing Review Board, at least with respect to state prohibiting factors in MA and NH. However, you will not be eligible for review until 5 years have passed from the last day of probation. Please reach out to us then.

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  37. Scott McLean

    I have a felony drug conviction from 15 years ago in Quincy. I recieved a letter that my case may be involved with the Dookhan Scandel but because I plead out before anything was tested I didn’t meet the requirements. Is there anyway to restore my constitutional rights this many years later?

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  38. Damario Cintron

    In 2004 I was convicted of possession of narcotics and sentenced to 2 yrs other then that I have no violent or domestic charges on my record, possession was a misdemeanor and I would like to know what can I do to have my rights to own a firearm restored?

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    1. jaguida

      Good morning – A DUI in another state that has a maximum of 1 year imprisonment will not prohibit you from holding an LTC in Massachusetts. However, the facts that led to the charge can be used by your police chief to deem you an unsuitable person. If your LTC is suspended or denied, please call our office at (617) 383-4652.

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  41. Justin Peck

    Hello Jason Guida Law,

    How are you doing this morning? My name is Justin Peck and I am messaging you because I was denied on a NICs background check which doesn’t make sense because I purchased firearms three different times between November and December of 2021, also I passed a complete federal and state criminal background check done by Sonoran Desert Institute so I can start school for Gunsmithing because they needed to make sure that I was able to own possess and work on firearms. Now the FBI is saying that I am a prohibited person, they state that the reason why I am a prohibited person is because of a misdemeanor conviction that could have lead to me being imprisoned for a term of one to two years, but the only misdemeanor convictions I have oh my record is an unlawful mischief charge in 2012, a DUI #1 misdemeanor conviction in 2008 and then a couple driving while license suspended misdemeanor convictions both in 2012, none of these convictions should prohibit me from owning a firearm I am not a criminal I’m not a violent person, I’m going to school for Gunsmithing pursuing my dream of one day owning my own Gunsmithing business and becoming a master gunsmith building my own custom firearms. Can you please help me get my second amendment rights restored, if I don’t get them restored then I have to withdrawal from school because I cannot purchase the firearms that I going to need for school so that I can disassemble the firearms so that you can look at how the firearm operates how each component coincides with the next working in tandem to make the firearm cycle smoothly and efficiently, but if I am a prohibited person I can’t purchase the Firearms I can’t own the Firearms I can’t legally even have them in my possession, so can you please help me?? I live in Vermont and they don’t have any second amendment rights lawyers here in Vermont so that’s why I’m having to reach out to Second Amendment lawyers and other states with in New England they can help me. Thank you so much for your time I greatly appreciate it I look forward to hopefully hearing back from you soon, I hope you have a wonderful day as well a productive and prosperous week take care.

    Best Regards,
    Justin Peck
    (802)505-8988
    justinpromaxxcleaningso@gmail.com

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    1. jaguida

      Good morning – An OUI conviction in Massachusetts after 1994 carries a 2 1/2 year possible sentence and although it is a misdemeanor in Massachusetts, it is a prohibiting conviction under federal law. If this conviction was in another state, it is possible that NICS has made an error or there is something else that is causing a problem. Please call our office at (617) 383-4652 to discuss a case review and possible NICS appeal.

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  42. Ricardo solomon

    Hi my name is Ricardo S.
    I am a convicted felon living in Massachusetts, trying to get all my rights restored, I’ve been out prison 2yrs working full time for northeast electrical as a truck driver, how long should I wait To officially seek your service and how much will it cost for a complete service.
    Sincerely
    Ricardo solomon

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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.

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  43. Kurt valdivia

    Just as your video suggests I applied for a gun permit and was denied because of a felony they say I was convicted of in Milford MA 35 years ago. I contacted clerk of courts and it was so long ago she couldn’t really help but to say I paid a $200 doller fine.i live in NC now and dealing with this over the phone is impossible. Was going to apply for expulsion for the one questionable felony I have on my record but was told no can do because I have multiple misdemeanors on my record also dating back 35 or more years. Did get in trouble as a kid but never anything violent or criminal. Mostly things like loitering or unregistered mv.please contacted if you think you can help clear this up

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    1. jaguida

      Hi Kurt – this sounds like something we may be able to assist with if you are still interested. Please contact our office to discuss a case review service at (617) 383-4652.

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  44. Chris

    I have a 30 year old drug Felony that was sealed in 2006. I know live in North Carolina and was told I need to have proof or restoration of firearms rights in Massachusetts. How costly is this issue.

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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.

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  45. Brian Campbell

    I was convicted in 2013 for assault and battery with a (deadly weapon) a (firearm) no firearm was found I plead guilty as it was in my best interest according to my attorney at the time I served 18 months in Billerica house of corrections got out no probation or anything haven’t gotten into any trouble since 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 to restore my rights to at least be able to obtain a fid card?

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  46. Eddie Guzman

    I have a juvenile conviction for unlawful possession of a firearm/ammo. I was 14 years old. I am 46 years old now….told it was a life disqualification. Can anything be done?

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    1. jaguida

      Good afternoon – firearms charges are very difficult to resolve for people in MA. Please contact our office to discuss a case review service at (617) 383-4652.

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  47. STEPHEN T GUNNING

    Good morning, my name is Stephen Gunning. In in 2010 I was arrested (during a warrant less search of my apartment at the time, this was stemming from an argument that I had with a neighbor that said I threatened him with a brass knuckles. The police found cannabis, prescription medicines and my collection of legal knives. The statement that the neighbor ( that he never presented in court) yielded me a felony conviction.

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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.

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  48. Can I restore my gun rights my right to bear arms the Second Amendment even though I was convicted of unarmed robbery which is a felony that I did serve time for besides that my record is almost perfectly clean except for a few misdemeanors from when I was younger

    If you get back to me I really appreciate it

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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.

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  49. Phillip

    Had RO issued to me. Had to surrender guns. RO expired, received license back, RO got reinstated within a week, who knows how. Surrendered again. Over ten years ago. No convictions felony or misdemeanor

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    1. jaguida

      Good afternoon – you would need to have the RO vacated before you could address the LTC issue. Give our office a call to discuss – (617) 383-4652.

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  50. Chris Perry

    Hi. My question is can I regain my LTC I’m mass
    After having my COWF Dismissed the case was for c265 s15B. I did what I was told to do. And case will be dismissed will I be able to. Because the chief of police revoked my license which I saw he was supposed to suspend it to the outcome but you would know that not me

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    1. jaguida

      Good afternoon – a Chief does not need to give you an LTC back just because you wrapped up your case. The Chiefs have an enormous amount of discretion – if they feel you acted in a way that endangers public safety, they are authorized by law to take away your gun rights in MA. LTC holders only have 90 days to seek judicial review of a Chief’s decision – after 90 days there is not much you can do other than reapply after the license expires or it is revoked.

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