Massachusetts operates a “shall issue” licensing system for the License to Carry (LTC), as codified by Chapter 135 of the Acts of 2024. The licensing authority must issue an LTC unless the applicant is a “prohibited person” or is found “unsuitable” under M.G.L. c. 140, Section 121F[1].
Automatic Statutory Disqualifiers
Under Section 121F(j), you are a “prohibited person” and shall be denied if any of the following apply:
Criminal Convictions
- Convicted of a felony in any jurisdiction
- Convicted of a misdemeanor punishable by more than 2 years imprisonment
- Convicted of a violent crime as defined in Section 121
- Convicted of any violation regarding use, possession, or transfer of firearms or ammunition for which imprisonment may be imposed
- Convicted of any controlled substance violation under M.G.L. c. 94C or substantially similar federal/state law
- Convicted of a misdemeanor crime of domestic violence as defined in 18 U.S.C. 921(a)(33)
Adjudications as a youthful offender or delinquent child for these offenses are also disqualifying[1].
Mental Health and Substance Abuse
- Committed to a hospital or institution for mental illness or alcohol/substance use disorder — except commitments under Sections 35 or 36C of Chapter 123
- Committed by court order to a hospital for mental illness
- Guardianship or conservatorship appointed on grounds of lacking mental capacity
After 5 years from confinement, an applicant may submit a physician or psychologist affidavit attesting to recovery.
Protective Orders
- Currently subject to a domestic violence order (c. 209A or equivalent)
- Currently subject to a harassment prevention order (c. 258E or equivalent)
- Currently subject to an extreme risk protection order (Sections 131R–131X)
Other Disqualifiers
- Outstanding arrest warrant
- Not a U.S. citizen or national without lawful permanent residency
- Discharged from the armed forces under dishonorable conditions
The Suitability Standard
Even if you are not a prohibited person, the licensing authority may deny your LTC based on “suitability.” Under Section 121F(k), a denial requires[1]:
“reliable, articulable and credible information that the applicant has exhibited or engaged in behavior that suggests that, if issued a permit, card or license, the applicant may create a risk to public safety or a risk of danger to themselves or others.”
This is a higher evidentiary standard than the pre-Bruen discretionary system. The evidence must be specifically articulated, not based on rumors or unverified accusations. Dismissed charges alone, without corroborating evidence, are generally insufficient[2].
OUI/DWI Convictions
OUI (Operating Under the Influence) convictions are one of the most common disqualifiers. Since May 27, 1994, OUI in Massachusetts carries a maximum penalty of 2.5 years imprisonment[3]. Because this exceeds the 2-year threshold in Section 121F(j)(i)(B), an OUI conviction after that date is an automatic lifetime disqualifier for the LTC.
The disqualification is triggered by the statutory maximum penalty, not the actual sentence imposed. Even if you received only probation for an OUI, you are disqualified.
OUI convictions before May 27, 1994 do not automatically disqualify because the pre-1994 maximum was 2 years.
CWOF (Continuance Without a Finding)
A CWOF is not a conviction under Massachusetts law and does not trigger the automatic statutory disqualification[4]. This distinction matters enormously for firearms eligibility. A “24D disposition” (first-offender OUI program) results in a CWOF, not a conviction, and preserves firearms eligibility under state law.
However, a CWOF can be considered for suitability purposes. The licensing authority may evaluate the underlying conduct, not just the legal disposition. If the case completed successfully and was dismissed, the passage of time and absence of further incidents weigh in the applicant’s favor.
Restraining Orders
An active 209A domestic violence order or 258E harassment prevention order is an automatic disqualifier. Upon issuance, the court orders suspension of any firearms license and surrender of all firearms and ammunition[5].
Once the order expires, is vacated, or is terminated, the statutory disqualifier is removed. The prior existence of a restraining order can still be considered for suitability, but a dismissed order alone, without evidence of actual threatening conduct, may not meet the “reliable, articulable and credible” standard.
Marijuana Use
No Massachusetts statute prohibits LTC issuance based solely on marijuana use. However, marijuana remains a Schedule I controlled substance under federal law. 18 U.S.C. § 922(g)(3) prohibits firearms possession by anyone who is an “unlawful user of or addicted to any controlled substance”[6]. ATF Form 4473 explicitly warns that marijuana use remains federally illegal regardless of state law.
In practice, Massachusetts licensing authorities generally do not deny LTCs solely based on marijuana use. But purchasing a firearm from a dealer requires answering Form 4473 truthfully, which creates a practical conflict for current users.
The Interview and Reference Check
All LTC applicants undergo fingerprinting, photographing, and an interview with the licensing authority. The interview is part of the suitability determination. Officers may consider:
- Criminal history, including arrests without conviction
- Restraining order history, including expired or vacated orders
- Driving record and OUI history
- Police calls to the applicant’s residence
- Mental health records as permitted by statute
- Domestic incident reports
References listed on the application may be contacted about the applicant’s character, temperament, and any concerns about firearms ownership. A single negative reference is unlikely to support denial alone but can contribute to a broader suitability finding.
Appealing a Denial
If your LTC is denied, you have two paths:
District Court Appeal — Section 121F(v)
You may appeal to the district court within 90 days of the denial[7]. The court conducts a de novo review and may order issuance if it finds no reasonable grounds for denial and the applicant is not otherwise prohibited.
Firearms Licensing Review Board (FLRB) — Section 130B
If your disqualification stems from a conviction for an offense punishable by 2.5 years or less (not involving assault or battery on a family or household member as defined in Chapter 209A), you may petition the FLRB after 5 years from the later of: conviction, release from confinement, or completion of probation[8]. The FLRB meets quarterly, requires a two-thirds vote, and the petitioner must prove suitability by clear and convincing evidence.
Reapplying After Revocation
Under Section 121F(u), a revoked or suspended personal license (LTC or FID) may be reinstated upon the termination of all disqualifying conditions. There is no mandatory waiting period for personal license reissuance. The licensing authority will consider the reasons for the original revocation in its suitability determination. (Note: a separate 1-year waiting period exists for revoked dealer licenses under sections 122/122B.)
Section 12 Emergency Psychiatric Holds
A Section 12 emergency psychiatric evaluation (up to 72 hours) is not an automatic disqualifier. However, under Chapter 135, Section 12 holds are now reported to the Department of Criminal Justice Information Services and included in background checks. The licensing authority may consider the circumstances as part of its suitability assessment[9].