Conducting some basic “due diligence” prior to applying for a License to Carry Firearms in Massachusetts can make the difference between winning and losing. Indeed, Massachusetts Firearms Attorney Jesse C. Cohen has seen a large number of LTC denials which could have easily been avoided by following some simple steps.
Question 10 of the Mass. LTC Application will ask:
Have you ever appeared in any court as a defendant for any criminal offense (excluding non-criminal traffic offenses)?.
Answering this question untruthfully can result in the denial of your license for providing false information. You can avoid this trap by checking your criminal record ahead of time. However, you must keep in mind that the record which you receive will not contain sealed records, which can be used to deny your application. One of the best ways to avoid answering question 10 incorrectly is to consult with a firearms lawyer before you apply. After a simple consultation and review of your situation, you will be able to answer the question correctly and avoid a denial for giving false information.
Another potential problem involves providing proof of residency or that you have a business located in the jurisdiction where you are applying. The police chief or licensing officer who processes your application is entitled to investigate the information provided to determine whether your are truly a resident or have a place of business where you are applying. Licensing officials conduct “residency” or “place of business” investigations because some applicants make false claim to have residency or a place of businesses in communities where the licensing officer is known as lenient, so as to increase their chances of success. Also, some police departments will not issue unrestricted licenses which allow individuals to carry for “all lawful purposes,” while others will routinely issue licenses of this type. These differences in firearms licensing policies have motivated some pistol permit applicants to apply in jurisdictions other than where the live or have a business. Licensing officials are aware of this and they will check databases such as the Registry of Motor Vehicles to verity information.
Answering each LTC application question truthfully and carefully is critical when it comes to getting a firearms permit in Massachusetts, especially in communities such as Boston and Brookline, were applications are closely scrutinized.