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Effective

Firearm Licensing Review Board:
Section 130B

LTCChapter 135

The Firearm Licensing Review Board under MGL Chapter 140, Section 130B[1] provides a narrow restoration path for certain Massachusetts conviction-based disqualifiers. It is not a general administrative appeal from a licensing authority's decision.

Who May Petition

An FID or LTC applicant may petition only when the disqualifying conviction or juvenile adjudication was for an offense committed under Massachusetts law and punishable by 2.5 years or less, was not an excluded domestic-violence assault or battery, and the statutory five-year waiting period has passed. The Board must also find that the qualifying conviction is the petitioner's sole disqualifier.

Five-Year Waiting Period

The five years run from the latest of conviction, adjudication, or release from confinement, commitment, probation, or parole supervision. The petition must include a completed FID or LTC application previously or contemporaneously submitted to the licensing authority.

Board Decision

The petitioner bears the burden to prove suitability by clear and convincing evidence. Restoration requires a two-thirds Board vote. The Board must decide a petition within 60 days after receipt and communicate its decision and findings in writing.

Direct Judicial Review

A direct challenge to a license denial, suspension, or revocation follows the district-court process in Section 121F(v), generally within 90 days. That judicial route and a Section 130B conviction-restoration petition address different legal questions. A person should not assume that the Board may review unsuitability or other non-conviction grounds.

Practical Considerations

  • Identify every state and federal disqualifier before selecting a review path.
  • Keep the written licensing decision and the complete application record.
  • Confirm the five-year calculation from the latest listed event.
  • Seek Massachusetts firearms counsel for case-specific advice.