Attorney
Massachusetts has some of the strictest gun laws in the country. If you’re a resident of the Commonwealth with a felony on your record, you may be wondering if you still have the right to own or possess a firearm. The short answer for most felons is no, but the legal landscape is shaped by both state and federal law, with a few narrow exceptions.
Below, Geraghty Law LLC unpacks firearm ownership rights in Massachusetts for individuals with felony convictions and explains what the law allows, what it doesn’t, and when it’s time to talk to a Massachusetts gun crime defense attorney about your options.
Firearm Ownership in Massachusetts: What Are the Rules?
In Massachusetts, gun ownership is tightly regulated. Even for individuals without a criminal history, owning a firearm typically requires going through a licensing process with local police.
You must apply for and maintain either:
- A Firearms Identification Card (FID) – for rifles and shotguns
- A License to Carry (LTC) – for handguns, large-capacity rifles, or concealed carry
Without one of these licenses, possession of nearly any type of firearm is unlawful. And for someone with a felony conviction, obtaining either license is nearly impossible under current state law.
Federal Firearm Laws: What the U.S. Code Says About Felons
Federal gun prohibitions apply nationwide. The Gun Control Act of 1968, under 18 U.S. Code § 922(g)(1), makes it illegal for anyone convicted of a felony to possess, ship, receive, or transport firearms.
This includes:
- Crimes punishable by more than one year in prison
- Both violent and non-violent felonies (examples: burglary, drug trafficking, and fraud)
- Certain misdemeanor crimes involving domestic violence
Even if the conviction happened years ago, the law still applies. A federal conviction blocks gun ownership across all 50 states, including Massachusetts.
Firearm Possession by Felons Under Massachusetts Law
Massachusetts law echoes the federal framework, but it adds its own layers of regulation. Under MGL Chapter 140, Sections 129C and 131, individuals convicted of any felony are disqualified from obtaining a firearms license.
Important notes on state firearm law:
- Violent felony convictions (assault with a dangerous weapon, armed robbery, etc.) trigger a lifetime ban
- Non-violent felony convictions still result in disqualification, though other factors, such as the nature and timing of the offense, may be considered if a license is ever sought after a pardon
- No LTC or FID card can be issued to any person with a felony conviction unless rights are restored
In short, the Massachusetts legal system makes no distinction between someone currently serving their sentence and someone who completed it years ago when it comes to gun rights.
Is Gun Rights Restoration Possible for Felons in Massachusetts?
Yes, but it’s extremely rare. The primary path to restoring gun rights after a felony conviction is through a pardon by the Governor of Massachusetts.
What that process looks like:
- Submit a petition for executive clemency to the Massachusetts Advisory Board of Pardons
- Provide records, character references, and grounds for seeking a pardon
- If approved, a pardon may remove some civil disabilities, including the right to apply for a firearm license
Things to keep in mind:
- A federal felony conviction also requires a federal pardon, which is even harder to obtain
- A rights restoration in another state does not override Massachusetts firearm laws
- Approval is discretionary, and few applications for clemency are granted each year
If a person receives a full pardon, they may be eligible to reapply for an LTC or FID, but approval is still not guaranteed.
Penalties for a Felon Found With a Gun in Massachusetts
Being caught with a firearm after a felony conviction is considered a serious crime in Massachusetts. The state imposes strict penalties under MGL Chapter 269, Section 10.
A conviction can lead to:
- Mandatory minimum prison sentences—usually 18 months to 5 years, depending on circumstances
- Felony charges for possession or carrying without a license
- Additional charges if the weapon is loaded, large-capacity, or obtained illegally
And since felon-in-possession offenses also violate federal law (18 U.S. Code § 922(g)), a person may be charged in federal court, too, with sentencing guidelines that can reach up to 10 years in prison.
Are There Any Exceptions for Felons Owning Firearms?
There is a narrow exception under federal law that applies to antique firearms. According to 18 USC § 921(a)(16), firearms that are classified as antiques, typically those manufactured before 1899, may not be regulated the same way modern guns are.
However:
- Most antique weapons do not fire modern ammunition
- The possession of functional black powder firearms could still raise legal issues under state law
- Courts in Massachusetts have limited the scope of how this exemption is applied
Due to these complexities, felons should never assume an exemption applies without consulting a defense attorney first.
When You Should Talk to a Massachusetts Gun Law Attorney
Because the laws surrounding felon gun ownership are both complex and strict, legal advice is essential in several situations:
- If you have a past felony and are unsure about your eligibility
- If your felony was pardoned or sealed, and you want to explore restoration of gun rights
- If you are being investigated or charged for firearm possession after a conviction
- If you own property or live with someone who legally owns firearms
Our Massachusetts criminal defense attorney at Geraghty Law LLC helps Massachusetts residents understand their legal standing when it comes to firearms and criminal history. We stay up to date with licensing changes, case law, and pardon procedures so you don’t have to navigate it alone.
Contact Geraghty Law LLC Today
Have questions about your rights after a felony conviction? Thinking about applying for a governor’s pardon, or want to know if you’re at risk based on your current situation? Geraghty Law LLC can provide tailored, confidential legal advice.
Call or visit us online to schedule a consultation and speak with a knowledgeable Massachusetts gun crime defense attorney.
