In the Market for a Gun? What you Need to Know…
Gun sales were still spiking in May although the number dropped from a year ago, firearm sales are still brisk according to an article in Forbes. According to the article there were over 1.3 million guns sold in the U.S. last month.
With a sales drop of close to 17% compared to May 2020, firearm sales are up 50% from May 2018 and 2019 and 35% from May 2017 according to Forbes. The numbers are based on a formula of data from FBI background checks. The rise in sales over the last two years have been driven by politics and the pandemic according to the report.
If you are among the throng of concerned citizens looking for protection in the form of a gun, there are a number of steps you must take in order to possess, transport or carry a firearm or ammunition. Mass firearm laws are very strict and not following the proper licensing steps could put you behind bars for a minimum of 18 months.
There are two main firearm licenses. The most common is the Firearms Identification Card know as an FID Card. This is a required license to purchase, possess, and transport a firearm. The firearm must be in the non-large-capacity category.
Another form of firearm license is the License to Carry or the LTC. This is the only license that allows the same regulations of those with an FID Card, but also permits the license holder the right to carry a concealed handgun.
To acquire either and FID or LTC license you must go through your local Police Department. New LTC applicants must be 21-year-old or older. The cost is $100 and is valid for 6-years. FID applicants must be 18-years of age or older. Those 14-17 can be granted an FID card with parental consent. The cost is $100 for 18+ and $25 for anyone qualified under the age of 18. An FID card is also valid for 6-years.
If you are in possession of either and FID or LTC license you must submit a request through your local PD prior to the expiration date of your current license.
First-time license holders must also successfully complete a MA Certified Firearms Safety Course and submit the certificate of completion with your firearms license application.
The Adams Police Department recently posted information to the department’s Facebook page outlining the process of obtaining FID and LTC licenses and the regulations that would prohibit an individual from qualifying for a license. That full APD Facebook post is below.
Type: GENERAL INFORMATION
Subject: Firearm Licensing Disqualifying Crimes
Date: June 29, 2021
LTC/FID DISQUALIFYING CRIMES
Crimes Against the Person
- Assault & Battery
- Assault & Battery on Public Employee
- Assault & Battery on Ambulance Personnel
- Permitting Injury to a Child
- Gross Negligence by Common Carrier
- Assault & Battery/Property Damage to Intimidate
- Causing Injury in a Physical Exercise Program
- Resisting Arrest
Crimes Against Property
- Failure to report Hotel Fire
- Larceny from Common Carrier/Business
- Larceny Under $250 from Elder/Disabled Person
- Shoplifting over $250
- Falsely Obtaining Commercial Computer Service
- Receipt of Deposit by Insolvent Bank
- Obstruction of Medical Facility – Subsequent Offense
- False statement to Motor Vehicle Insurer
- Receiving Stolen Property Under $250
- Wanton Destruction Property over $250
- Destruction Church/School Property
- Destruction Jail Property
Motor Vehicle Offenses
- Operating After Suspension for DWI/Motor Vehicle Homicide
- DWI Alcohol
- Motor Vehicle Homicide while DWI or while Operating to Endanger
- DWI with Serious Bodily Injury
- DWI on a vessel
- DWI on a Vessel with Serious Bodily Injury
- Homicide by Vessel while DWI or while Operating to Endanger
Note: OUI Conviction Disqualifier for LTC – May 27, 1994
OUI Conviction Automatic Disqualifier for License to Carry Firearm
The new 1999 Firearms Law now automatically disqualifies anyone from obtaining a License to Carry (LTC) a firearm on the basis of a misdemeanor conviction which carries a penalty of more than two years. Therefore, anyone convicted of OUI will fall into this category. See C140 §131.
However, OUI only became a 2 1/2-year misdemeanor effective May 27, 1994. Prior to that it was only a 2-year misdemeanor. Therefore, anyone convicted of OUI prior to that date will not automatically be disqualified.
In order to be eligible to receive a new or to renew a LTC, an applicant must be deemed by the Chief of Police to be a suitable person. The Chief considers factors such as the applicant’s reputation in the community, his/her involvement in criminal activities that did not lead to an arrest or conviction, association with known criminals, etc. In addition, the following statutory restrictions affect an applicant’s suitability.
Applicant was convicted or adjudicated as a youthful offender anywhere for:
- Commission of a felony or misdemeanor with a sentence greater than two years
- Commission of a violent crime
- Violation of any firearms law punishable by imprisonment
- Violation of any narcotics law
- Applicant is committed to an institution for mental illness
- Applicant is being treated or confined for drug addiction or habitual drunkenness
- Applicant is under 21
- Applicant is an alien of the United States
- Applicant is subject to an outstanding arrest warrant
- Applicant was convicted of a misdemeanor offense punishable by imprisonment for more than two years
- With respect to an FID permit only, a person who has been convicted of such offense may apply for an FID if five years has past since such conviction and/or probation period, whichever occurred last.
- Applicant was convicted of a violent crime.
- Applicant was convicted of a felony
Pursuant to Chapter 140 section 129B of the Massachusetts General Laws, the Police Chief may not deny an applicant request for a FID Card unless he/she is subject to one of the statutory disqualifications listed above.
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