Massachusetts General Laws Chapter 140, Section 130B[1], originally created by St. 2004, Chapter 150, Section 9, and modified by Chapter 135 of the Acts of 2024[2], establishes a Firearms Licensing Review Board within DCJIS. The Board provides a pathway for individuals with certain minor criminal convictions to petition for restoration of firearm licensing eligibility.
Board Composition
The Board consists of seven members:
- A DCJIS member (serving as chair)
- Secretary of Public Safety or designee
- Colonel of State Police or designee
- One member from the Massachusetts Chiefs of Police Association
- The Attorney General or designee
- An attorney with firearms licensing litigation experience (appointed by the Governor from a Massachusetts Bar Association list)
- A retired judge (appointed by the Governor)
Members serve without compensation but receive subsistence and travel allowances.
Eligibility to Petition
An FID or LTC applicant convicted of offenses punishable by 2.5 years or less may file a petition, provided the offense was not an assault or battery on a family or household member. The applicant may file after 5 years from conviction, adjudication, or release from confinement, probation, or parole (whichever is last).
Procedural Requirements
The petitioner must provide a completed license application, prove suitability by clear and convincing evidence, and pay a reasonable filing fee set by the Board. The Board requires a two-thirds vote and must find:
- The sole disqualifier is a conviction for offense(s) punishable by 2.5 years or less, arising from a single incident
- Five years have passed since conviction, adjudication, or release
- The petitioner is suitable by clear and convincing evidence
Determination must be made within 60 days. Hearings are held not less than once every 90 days. Written decisions must be communicated within 20 days.
Funding
Section 130B does not specify a fixed funding amount or appropriation for the Board. It directs the Board to set a reasonable filing fee for petitions.
Related Provisions
Section 121F governs licensing procedures and fee allocation. Section 129B establishes FID eligibility. Section 131 establishes LTC eligibility. Chapter 209A, Section 1 provides domestic violence definitions relevant to the assault/battery exclusion.
Referendum Status
The Board predates Chapter 135 but was modified by it. A successful repeal would affect the Chapter 135 modifications, but the core Board structure would likely survive.
See also: MGL Chapter 140, Section 131P: Basic Firearms Safety Certificate
Sources
[1] Massachusetts Legislature. MGL Chapter 140, Section 130B
Chapter 140, Section 130B
Related
- MGL Chapter 140, Section 131E: License Suspension and Revocation
- MGL Chapter 140, Section 131K: Approved Safety and Locking Devices
- MGL Chapter 140, Section 131P: Basic Firearms Safety Certificate
- Extreme Risk Protection Orders: Sections 131R through 131Y
- MGL Chapter 140, Section 121A: Ballistics Identification
- MGL Chapter 140, Section 121B: Electronic Firearms Registration