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Firearms and OUI’s In Massachusetts

An individual's license to carry a firearm and a first offense disposition (chapter 90 section  24D CWOF)

The question is whether or not to continue without a finding automatically revokes an individual's license to carry a firearm. The answer is no it will not automatically take an individual's license to carry, but in order for the licensing body to revoke a license to carry a firearm they have to show that the individual is “unsuitable”.   A CWOF does not itself create the basis for revocation of your LTC, but the facts of the case could. As a reason for the revocation, formal notice needs to be sent with an explanation as to why licensing authority deems the person to be an “unsuitable person”.

Chapter 140 section 131(d)(iiii) states in pertinent part

“The licensing authority may deny the application or renewal of a license to carry or suspend or revoke a license issued under this section if, in a reasonable exercise of discretion, the licensing authority determines that the applicant or licensee is unsuitable to be issued or to continue to hold a license to carry. A determination of unsuitability shall be based on: (i) reliable and credible information that the applicant or licensee has exhibited or engaged in behavior that suggests that, if issued a license, the applicant or licensee may create a risk to public safety; or (ii) existing factors that suggest that, if issued a license, the applicant or licensee may create a risk to public safety. Upon denial of an application or renewal of a license based on a determination of unsuitability, the licensing authority shall notify the applicant in writing setting forth the specific reasons for the determination in accordance with paragraph (e). Upon revoking or suspending a license based on a determination of unsuitability, the licensing authority shall notify the holder of a license in writing setting forth the specific reasons for the determination in accordance with paragraph (f). The determination of unsuitability shall be subject to judicial review under said paragraph (f).”

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Fight to protect your future

If found guilty, you may be facing serious penalties and life altering consequences, including jail time, steep fines, court ordered alcohol treatment programs, and community service. In addition, your driver’s license can be suspended for an extended period of time. Depending on the specific circumstances pertaining to your case, your offense may be charged as a felony, which exponentially increases your penalties. Do not sit back and wait for your charges to resolve themselves. Be proactive and call immediately to secure the representation of Attorney Joseph Bernard to resolve your case in the most efficient way possible and with the most favorable outcome available to you.

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Palmer, MA 01069
413-283-8445

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Springfield, MA 01107
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Belchertown, MA 01007
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Northampton, MA 01060
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