§ 121F — Process for obtaining permit, card or license; false information; form of application; prohibited persons; denial; renewals; appeals; fees; expiration; reinstatement

Massachusetts § 121F

• Jurisdiction: Massachusetts
• Part I: ADMINISTRATION OF THE GOVERNMENT
• Title XX: PUBLIC SAFETY AND GOOD ORDER
• Ch. 140: LICENSES

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[ Text of section added by 2024, 135, Sec. 32 effective October 2, 2024.]Section 121F. (a) A licensing authority shall, within 40 days from the date of receipt of a completed application for any firearm license, card or permit issued under sections 122, 122B, 122D, 129B, 131 or 131F, or renewal of the same, either approve the application and issue the permit, card or license or deny the application and notify the applicant of the reason for such denial in writing; provided, however, that no permit, card or license shall be issued unless the colonel of the state police has certified that the information available indicates that issuing the permit, card or license is not in violation of state or federal law.(b) Upon receiving the application, the licensing authority shall provide the applicant with a receipt that includes: (i) the applicant's name and address, current permit, card or license number and expiration date, if any; (ii) the date the licensing authority received the application; (iii) the name, address and telephone number of the licensing authority or its agent that received the application; (iv) the type of application; and (v) whether the application is for a new permit, card or license or renewal of the same.(c) Within 7 days of receipt of the completed application the licensing authority shall forward 1 copy of the application and 1 copy of the applicant's fingerprints to the colonel of the state police; provided, however, that the taking of fingerprints shall not be required in issuing a renewal if the applicant's fingerprints are on file with the department of the state police.(d) The colonel of the state police shall, within 30 days of receipt of the application and fingerprints, advise the licensing authority, in writing, of any disqualifying criminal record of the applicant arising from within or without the commonwealth and whether there is reason to believe that the applicant is disqualified from possessing the permit, card or license requested. If the information available to the colonel does not indicate that issuing the permit, card or license would be in violation of state or federal law, the colonel shall certify such fact to the licensing authority within said 30-day period. In searching for any disqualifying history of the applicant, the colonel shall: (i) utilize, or cause to be utilized, files maintained by the department of probation and statewide and nationwide criminal justice, warrant and protection order information systems and files including, but not limited to, the National Instant Criminal Background Check System; and (ii) inquire of the commissioner of the department of mental health relative to whether the applicant is disqualified from receiving a permit, card or license.(e) The licensing authority shall make inquiries concerning the applicant to: (i) the commissioner of the department of criminal justice information services relative to any disqualifying condition, any prior permit, card or license information, any record of restraint and application for hospitalization pursuant to section 12 of chapter 123, and records of purchases, sales, rentals, leases and transfers of firearms or ammunition concerning the applicant; (ii) the commissioner of probation relative to any record contained within the department of probation or the statewide domestic violence record keeping system concerning the applicant; and (iii) the commissioner of mental health relative to whether the applicant is a suitable person to possess firearms; provided, however, that if the department of criminal justice information services provides a record of restraint and application for hospitalization pursuant to said section 12 of said chapter 123, the licensing authority shall make inquiries to the law enforcement agency that submitted the record regarding the circumstances of such restraint and application for hospitalization and shall consider such circumstances when determining the applicant's suitability for a license, card or permit; provided further, that the applicant may submit for the licensing authority's consideration, an affidavit of a licensed physician, advanced practice registered nurse or clinical psychologist attesting that such physician, advanced practice registered nurse or clinical psychologist is familiar with the applicant's mental illness and that in the physician's, advanced practice registered nurse's or clinical psychologist's opinion, the applicant is not impacted by a mental illness in a manner that should prevent the applicant from possessing a firearm. The director or commissioner to whom the licensing authority makes such inquiry shall provide prompt and full cooperation for that purpose in any investigation of the applicant. Any information that an individual has a record of restraint and application for hospitalization pursuant to said section 12 of said chapter 123 shall be used solely to provide licensing authorities with information required or permitted to be considered under state or federal law to conduct background checks for firearm sales or licensing and shall not be disclosed to any other party for any other purpose.(f) Whoever knowingly files an application for any permit, card or license pursuant to sections 122, 122B, 122D, 129B, 131 or 131F containing false information or knowingly issues any such permit, card or license in violation of this chapter shall be punished by a fine of not less than $500 nor more than $1,000 or by imprisonment for not less than 6 months nor more than 2 years in a house of correction, or by both such fine and imprisonment.(g) The application for any license or firearm identification card pursuant to sections 122, 122B, 122D, 129B, 131 or 131F, shall be made in a standard form provided by the commissioner of the department of criminal justice information services, which shall require the applicant, or parent or guardian of a minor, to affirmatively state, under the pains and penalties of perjury, that the applicant is not disqualified on any of the grounds enumerated in this section from being issued such permit, card or license.(h) A licensing authority shall record in books, forms or electronic files kept for that purpose on the premises, and on the electronic firearms registration system created by the department of criminal justice information services pursuant to section 121B when produced or received, all: (i) license, permit and card applications, receipts, fees, affidavits, license location transfers and training certificates; (ii) issued licenses, permits and cards, and denials, revocations and suspensions of the same; (iii) decisions of the firearm licensing review board; and (iv) firearm transfers, including deliveries, seizures, surrenders, loss or theft or disposals. The department shall ensure automatic notification to the licensing authority of the existence of any disqualifying condition discovered or occurring subsequent to the issuance of said permit, card or license and a notice of the expiration of the same not more than 5 days after the expiration including the expiration date of the permit, card or license and the name and address of the licensee.(i) Any permit, card or license issued under sections 122D, 129B, 131 or 131F shall be issued in a standard form provided by the department of criminal justice information services in a size and shape equivalent to that of a license to operate motor vehicles issued by the registry of motor vehicles pursuant to section 8 of chapter 90 and shall be clearly marked with the permit, card or license name. It shall contain a permit, card or license number, name, address, photograph, fingerprint, place and date of birth, height, weight, hair color, eye color and signature of the licensee or permit or card holder and shall provide, in a legible font size and style, the telephone number for the 988 Suicide and Crisis Lifeline.(j) A licensing authority shall deny any application for a permit, card or license issued under sections 122, 122B, 122D, 129B, 131 or 131F, or renewal thereof, to a person the licensing authority determines to be a prohibited person. A prohibited person shall be a person who:(i) has ever, in a court of the commonwealth or in any other state or federal jurisdiction, been convicted or adjudicated as a youthful offender or delinquent child or both, as defined in section 52 of chapter 119, for the commission of: (A) a felony; (B) a misdemeanor punishable by imprisonment for more than 2 years; (C) a violent crime as defined in section 121; (D) a violation of any law regarding the use, possession, ownership or transfer of firearms or ammunition for which a term of imprisonment may be imposed; (E) a violation of any law of the commonwealth regulating the use, possession or sale of controlled substances, as defined in section 1 of chapter 94C, or a violation of any substantially similar law of another state or federal jurisdiction; or (F) a misdemeanor crime of domestic violence as defined in 18 U.S.C. 921(a)(33); provided, however, that, the commission of a crime described in clauses (B), (D) or (E) shall only disqualify an applicant for a firearm identification card under section 129B for 5 years after the applicant was convicted or adjudicated or released from confinement, probation or parole supervision for such conviction or adjudication, whichever occurs later;(ii) is or has been: (A) committed to a hospital or institution for mental illness or alcohol or substance use disorder, except a commitment pursuant to sections 35 or 36C of chapter 123, unless after 5 years from the date of the confinement the applicant submits with the application for a permit, card or license an affidavit of a licensed physician or clinical psychologist attesting familiarity with the applicant's mental illness or alcohol or substance use disorder and that in the physician's or psychologist's opinion, the applicant is not suffering from a mental illness or alcohol or substance use disorder in a manner that shall prevent the applicant from possessing a licensed firearm; (B) committed by a court order to a hospital or institution for mental illness, unless the applicant was granted a petition for relief of the court order pursuant to said section 36C of said chapter 123 and submits a copy of the court order with the application for a permit, card or license; (C) subject to an order of the probate court appointing a guardian or conservator for an incapacitated person on the grounds that the applicant lacks the mental capacity to contract or manage the applicant's affairs, unless the applicant was granted a petition for relief of the order of the probate court pursuant to section 56C of chapter 215 and submits a copy of the order with the application for a permit, card or license; or (D) found to be a person with an alcohol use disorder or substance use disorder or both and committed pursuant to said section 35 of said chapter 123, unless the applicant was granted a petition for relief of the court order pursuant to said section 35 of said chapter 123 and submits a copy of the court order with the application;(iii) is currently subject to: (A) an order for suspension or surrender issued pursuant to sections 3B or 3C of chapter 209A; (B) a permanent or temporary protection order issued pursuant to said chapter 209A; (C) any order described in 18 U.S.C. 922(g)(8); (D) a permanent or temporary harassment prevention order issued pursuant to chapter 258E; (E) an extreme risk protection order issued pursuant to sections 131R to and 131Y; or (F) an order similar to the orders described in clauses (A), (B), (C), (D) or (E) issued by another jurisdiction;(iv) is currently the subject of an outstanding arrest warrant in any state or federal jurisdiction;(v) is not a citizen or national of the United States and does not maintain lawful permanent residency;(vi) has been discharged from the armed forces of the United States under dishonorable conditions; or(k) A licensing authority shall deny any application for a permit, card or license under sections 122, 122B, 122D, 129B, 131 or 131F, or renewal thereof, to a person the licensing authority determines to be unsuitable to hold a permit, card or license. A determination of unsuitability shall be based on 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. Upon denial of an application or renewal of a permit, card or license based on a determination of unsuitability, the licensing authority shall notify the applicant in writing setting forth the specific reasons for the determination.(l) In the case of an application or renewal of a firearm identification card under section 129B, a licensing authority shall not have the authority to deny an application on the grounds of unsuitability but may file a petition requesting that the district court having jurisdiction deny said application on unsuitability grounds. Such petition shall operate to stay the application and shall be founded upon a written statement of the reasons for supporting a finding of unsuitability. Upon filing, a copy of the written petition and statement shall be provided to the applicant by the licensing authority. The court shall within 90 days of receiving the filed petition hold a hearing to determine if the applicant for the firearm identification card is unsuitable and enter a judgment on suitability. A determination of unsuitability shall be based on a preponderance of the evidence that there is reliable, articulable and credible information that the applicant has exhibited or engaged in behavior that suggests that, if issued a firearm identification card, the applicant may create a risk to public safety or a risk of danger to self or others. If a court enters a judgment that an applicant is unsuitable, the court shall notify the applicant in writing setting forth the specific reasons for such determination. If a court has not entered a judgement that an applicant is unsuitable within 90 days of the petition, judgment that the applicant is suitable for a firearm identification card shall be automatically entered.(m) An applicant aggrieved by a denial of a permit, card or license under sections 122, 122B, 122D, 129B, 131 or 131F may appeal the denial pursuant to subsection (v).(n) All application fees for licenses, cards and permits issued under sections 122, 122D, 129B or 131 shall be payable to the issuing licensing authority and shall not be prorated or refunded in case of revocation or denial. Notwithstanding any general or special law to the contrary, licensing authorities shall deposit all fees into the specified funds quarterly, not later than January 1, April 1, July 1 and October 1 of each year.(o) Unless otherwise stated in this section the fee for an application or renewal of:(i) any license, card or permit shall be $100 of which the licensing authority shall retain $25 of the fee; $50 of the fee shall be deposited into the General Fund; provided, that not less than $50,000 of the total funds deposited into the General Fund shall be allocated to the firearm licensing review board, established in 130B, for its operations; and provided further, that any funds not expended by said board for its operations shall revert back to the General Fund; and $25 of the fee shall be deposited in the Firearms Fingerprint Identity Verification Trust Fund established in section 2LLL of chapter 29;(ii) a license to carry firearms issued under section 131 for active and retired law enforcement officials or local, state or federal government entities acting on their behalf shall be $25 of which 50 per center shall be retained by the licensing authority and 50 per cent shall be deposited into the General Fund; and(iii) a firearm identification card issued under section 129B for persons under 18 years of age or a self-defense spray permit issued under section 122D shall be $25 of which 50 per cent shall be retained by the licensing authority and 50 per cent shall be deposited into the General Fund.(p) Any person over the age of 70 and any law enforcement officer applying through their employing agency for renewal of a license to carry firearms or a firearm identification card shall be exempt from the requirement of paying a renewal fee.(q) Any person with a license to sell under section 122 shall not be assessed any additional fee for a gunsmith's license.(r) The commissioner of the department of criminal justice information services shall send electronically or by first class mail to the license, card or permit holder, a notice of the expiration of the license, card or permit not less than 90 days before its expiration and shall enclose or provide a website link to a form for its renewal. The form for renewal shall include:(i) an affidavit which shall be completed and returned in order to renew the license, card or permit in which the applicant shall verify that the applicant has not lost or had stolen any firearm, for a license, card and permit respectively, from the applicant's possession since the date of the applicant's last renewal or issuance; and(ii) all pertinent information about the penalties and punishments that may be imposed if the license, card or permit is not renewed and the applicant remains in possession of any firearms.(s) Notwithstanding any general or special law to the contrary, an expired license to carry firearms issued under section 131 or an expired firearm identification card issued under section 129B shall remain valid for all lawful purposes if:(i) the licensee or card holder applied for renewal before the license or card expiration date and shall remain valid until the application for renewal is approved or denied;(ii) the licensee or card holder is on active duty with the armed forces of the United States on the expiration date of the license or card; provided, that the license or card shall remain valid until the licensee or card holder is released from active duty and for a period of not less than 180 days following their release; provided, however, that, if the licensee or card holder applied for renewal prior to the end of that period, the license or card shall remain valid for all lawful purposes until the application for renewal is approved or denied; or(iii) the expiration period has not yet exceeded 90 days beyond the stated date of expiration, unless such license to carry or firearm identification card has been revoked or suspended.(t) Any person in possession of a license to carry issued under sections 131 or firearm identification card issued under section 129B whose respective license or card is invalid for the sole reason that it has expired, not including licenses and cards that remain valid under subsection (s), and not otherwise disqualified from renewal upon application, shall be subject to a fine of not less than $100 nor more than $5,000 and section 10 of chapter 269 shall not apply; provided, however, that this exemption shall not apply if such license or card: (i) has been revoked or suspended unless such revocation or suspension was caused by failure to give notice of a change of address; (ii) is the subject of pending revocation or suspension unless such revocation or suspension was caused by failure to give notice of a change of address; or (iii) has had an application for renewal denied. Any law enforcement officer who discovers a person to be in possession of a firearm after such person's license or card has expired, meaning after 90 days beyond the stated expiration date on the license or card or has been revoked or suspended solely for failure to given notice of a change of address, shall confiscate such firearm and the expired or suspended license or card then in possession and such officer shall forward such license or card, as soon as practical, to the licensing authority that issued the expired license or card. The officer shall, at the time of confiscation, provide to the person whose firearm has been confiscated, a written inventory and receipt for all firearms confiscated and the officer shall exercise due care in the handling, holding and storage of these items. Any confiscated firearm shall be considered surrendered and subject to the conditions of section 129D; provided, however, that the confiscated firearm shall be returned to the owner if proof of license or permit reinstatement is provided within 1 year of confiscation. This subsection shall not apply to temporary licenses to carry under section 131F.(u)(1) A licensing authority shall revoke or suspend any license, card or permit pursuant to sections 122, 122B, 122D, 129B, 131 or 131F upon the occurrence of any event which makes the licensee, card or permit holder a prohibited person as defined subsection (j). A licensing authority may also revoke or suspend any license, card or permit issued pursuant to sections 122, 122B, 122D, 129B. 131 or 131F upon a subsequent determination of unsuitability as defined in subsection (k) or upon satisfactory proof that the license, card or permit holder has violated or permitted any violation of this chapter; provided, however, that in the case of a firearm identification card issued under section 129B, a licensing authority shall file a petition to the district court for suspension or revocation of said card, and said petition shall effect such suspension or revocation pending a judicial determination of sufficient evidence of unsuitability, which the court shall make within 15 days of the filing of the petition, after which the procedures and standards of subsection (1) shall apply. A licensing authority may revoke or suspend any license issued under sections 122 or 122B only after due notice to the licensee and reasonable opportunity to be heard.(2) Any revocation or suspension of a card, permit or license issued under sections 122, 122B, 122D, 129B, 131 or 131F shall be in writing and shall state the reasons for revocation or suspension. No pendency of proceedings before the court shall operate to stay such revocation or suspension. Notices of revocation and suspension shall be forwarded to the commissioner of the department of criminal justice information services and the commissioner of probation and shall be included in the criminal justice information system. A revoked or suspended permit, card or license may be reinstated only upon the termination of all disqualifying conditions. If a license to sell issued under section 122 or section 122B is revoked, the licensee shall be disqualified to receive a license for 1 year after the expiration of the term of the license so revoked.(v)(1) Any applicant or licensee aggrieved by a denial, revocation or suspension of a license to sell under section 122 or section 122B may appeal such denial, revocation or suspension by: (i) applying to the colonel of state police for said license within 10 days of a denial, revocation or suspension, who may direct the licensing authority to grant said license if, after a hearing, the colonel determines that there were no reasonable grounds for the denial, suspension or revocation and that the applicant is not barred by law from holding such a license, or (ii) filing an appeal with the district court having jurisdiction pursuant to paragraph (2) of this subsection.(2) Any applicant or license, card or permit holder aggrieved by a denial, revocation or suspension of a permit, card or license issued under sections 122, 122B, 122D, 129B, 131 or 131F may, unless a hearing has previously been held pursuant to section 131S or 131T, chapter 209A or chapter 258E, within either 90 days after receiving notice of the denial, revocation or suspension or within 90 days after the expiration of the time limit during which the licensing authority shall respond to the applicant, file a petition to obtain judicial review in the district court having jurisdiction in the city or town in which the applicant filed the application or in which the permit, card or license was issued.(3) The district court may order a permit, card or license be issued or reinstated upon a finding that there was no reasonable ground for denying, suspending or revoking the permit, card or license and that petitioner is not prohibited by law from possessing the permit, card or license.