The Firearm Licensing Review Board under MGL Chapter 140, Section 130B[1] was originally created by Chapter 150 of the Acts of 2004 and amended by Chapter 284 of the Acts of 2014. Section 130B was not directly amended by Chapter 135 of the Acts of 2024[2], though the Board's operations are affected by the restructured licensing framework under Section 121F. The board provides an administrative avenue for reviewing licensing decisions.
Board Composition
The Licensing Review Board consists of seven members:
- One member of DCJIS appointed by the Commissioner (serves as chair)
- The Secretary of Public Safety or designee
- The Colonel of State Police or designee
- One member appointed by the Massachusetts Chiefs of Police Association
- The Attorney General or designee
- One attorney with litigation experience in firearms licensing cases, appointed by the Governor from a list submitted by the Massachusetts Bar Association
- One retired member of the judiciary appointed by the Governor
Petition Process
An applicant who has been denied a firearms license (LTC or FID), or whose license has been revoked or restricted, may petition the Licensing Review Board for review of the decision. The petition must be filed within a specified timeframe after the denial, revocation, or restriction.
Eligibility Review
The board reviews petitions from applicants who have been convicted of (or adjudicated as delinquent/youthful offenders for) offenses punishable by 2.5 years imprisonment or less. A petitioner becomes eligible for review five years after conviction, adjudication, or release from confinement, commitment, probation, or parole supervision. Key aspects of the review:
- The board determines by a two-thirds vote whether the sole disqualifier is a qualifying conviction
- The petitioner bears the burden to prove suitability by clear and convincing evidence
- The board charges a reasonable filing fee
Relationship to Judicial Appeals
The Licensing Review Board process supplements, but does not replace, the existing judicial appeal process under Section 131(f)[3]. Applicants may pursue either or both avenues. The judicial appeal provides de novo review by a district court judge, while the board review provides an administrative assessment of the licensing authority's decision.
Practical Considerations
- Keep detailed records of all communications with your licensing authority
- Retain copies of your application and all supporting documents
- If denied, request a written explanation of the reasons for denial
- Consult with a firearms attorney before filing a petition with the board or a judicial appeal
Sources
[1] Massachusetts Legislature. MGL Chapter 140, Section 130B
Chapter 140, Section 130B
[3] Massachusetts Legislature. MGL Chapter 140, Section 131
Chapter 140, Section 131