90 Days to Appeal a Suspension, Revocation, or Denial

If your application for a Firearms Identification Card or License to Carry Firearms has been denied, you only have ninety (90) days from receipt of the denial letter to appeal to your local District Court. Nothing stops that 90 day clock from running and if you file your appeal even one day late, the District Court will not have jurisdiction to hear your case.

This 90 day filing deadline is absolute and it applies whenever an application is denied or whenever a FID or LTC is suspended or revoked. A Police Chief or Firearms Licensing Official cannot give you any extension regarding this 90 day filing time limit and the Court has no jurisdiction to hear an appeal that is filed late.

The 90 day filing requirement is statutory, meaning that it is absolute. If the deadline falls on a weekend, holiday, or a day when the courthouse is closed, you must file prior to the deadline when the District Court is open.

If you have missed the filing deadline, it may be possible to file a new application and appeal the denial of the new application within the statutory 90 day timeframe. However, some licensing officials have taken the position that it is improper to file a new application to get around the 90 day rule and at least one Massachusetts District Court has agreed and ruled that a new application cannot be filed until the term of a license that would have been issued as a result of the old application would have expired.

A licensing authority cannot “sit” on or otherwise refuse to process an application for a firearms license. There are statutory time frames within which a Police Chief or Licensing Officer must either approve or deny an application. In cases where a licensing official fails to act on an application, the 90 day clock begins to run when the time limit in which the licensing authority is required to respond to the applicant expires.