The Gun Control Act of 1998 significantly changed the criteria for disqualification for firearms possession in the Commonwealth. Many individuals that have had firearms licenses in the past now find themselves statutorily disqualified because of the changes in the law.

1. You would be statutorily disqualified if you were convicted or adjudicated as a youthful offender anywhere for:

a. Commission of a felony or misdemeanor with a sentence greater than two years. The key here is the maximum penalty under the law, not what you may have received. An Operating under the Influence of Alcohol conviction after May 28, 1994 is now a lifetime disqualifier for a Class A or B license.

b. Commission of a violent crime. This is a lifetime disqualifier for all licenses.

c. Violation of any firearms law punishable by imprisonment. This is a lifetime disqualifier for all licenses.

d. Violation of any narcotics law.

2. Applicant is committed to an institution for mental illness. (Previous incidents require a medical affidavit from a doctor.)

3. Applicant is being treated or confined for drug addiction or habitual drunkenness. (Previous incidents require a medical affidavit from a doctor.)

4. Applicant is under age 21. (Not applicable to Class C & D)

5. Applicant is an alien of the United States.

6. Applicant is subject to any Chapter 209A protective order in Massachusetts or similar domestic violence stay-away order in another state.

7. Applicant is subject to an outstanding arrest warrant.

8. Applicant was convicted of a misdemeanor offense punishable by imprisonment for more than two years.

With respect to a Class C & D license only, a person who has been convicted of such offense that is not a lifetime disqualifier, may apply for an Class C or D license if five years has past since such conviction and/or probation period, whichever occurred last.



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