LICENSE TO CARRY AND FIREARM IDENTIFICATION APPLICATION QUESTION TO PAY ATTENTION

July 23, 2018

MASSACHUSETTS RESIDENT LTC/FID/MACHINE GUN APPLICATION FOR NEW/RENEWAL OF A FIREARMS IDENTIFICATION contains question No. 4. which asks: “Have you ever been arrested or appeared in court as a defendant for any criminal offense?”

This means that if you, as an applicant, EVER appeared in front of a judge or a magistrate in ANY jurisdiction as a defendant, you must indicate that.  You are going to be asked for more information on what transpired and as much as you want to forget what happened or regardless uncomfortable or humiliating the event was, it’s wise to give the necessary information to the person who interviews you.

Lets see the ramifications of “forgetting” to mention the fact that you appeared in front of a judge or a magistrate, no matter how silly you think the allegations were. Law enforcement will find it whether you like it or not. There are a few scenarios that you need to be aware of:

A. You get your license application denied. Usually the decision will be based on suitability because you lied, which is an extremely hard hurdle to overcome if you ever want to possess the license to carry or firearms identification card; OR
B. Your license gets suspendedor revoked and you risk losing your money, time you spent on training/improving in order to obtain or keep your license, your property, and time. This also applies to scenario A, but even more so in this one.
C. You become a defendant!

Let’s read the application at the end. Somehow, many applicants who get suitability denials based on failure to disclose answer to question No. 4 don’t take the end of the application as seriously as they should because it’s at the end. However, it’s an important statement to omit.

“‘Warning’ Any person who knowingly files and application containing false information shall be punished by a fine of not less than $500 no 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 (M.G.L.c.140 §§ 129(B)(8), 131(h).”

This means that not only you are not getting your license to carry or firearms identification card, but you also risk of fighting to keep your money and freedom. You are on a hook because you sign the following:

“I declare that above facts are true and complete to the best of my knowledge and belief and I understand that any false answer(s) will be just cause for denial or revocation of my license to carry firearms. I understand that filing an application that contains false information is a CRIMINAL offense.”

Now, you know!

Margarita Smirnova
Call: (617)398-7482
E-mail: margarita.smirnova@gmail.com
This post is for informational and educational use only and does not create attorney-client relationship.

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