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Obtaining A Firearm License With a Felony Conviction

Obtaining a License to Carry a Firearm in Massachusetts with a Felony Conviction

In the case of Chardin v. Police Commissioner of Boston (No. SJC-11196) - June 4, 2013,the Supreme Judicial Court of Massachusetts held that Chardin's right to keep and bear arms under the Second and Fourteenth Amendments, as articulated in District of Columbia v. Heller, 554 U.S. 570 (2008), and McDonald v. Chicago, 130 S.Ct. 3020 (2010), was not infringed on by the Massachusetts firearms licensing statute, G.L. c.140, ยง131(d )(I). That statute categorically bars Chardin (or anyone else) from ever obtaining a license to carry firearms with a felony conviction. That bar is in effect because, in 1995, when Chardin was fourteen years old, he was adjudicated a delinquent child after admitting to sufficient facts on a complaint charging him with possession of a firearm without a license (a felony). The SJC's holding was essentially that, under Heller, "the Second Amendment right is 'not unlimited.'" Massachusetts may continue "to protect the health, safety, and welfare of its citizens" by enforcing longstanding and "presumptively lawful" regulations, such as "'prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.' Heller at 626-627 & n.26." (See CPCS casenotes for June 2013)

Link to decision: http://socialaw.com/slip.htm?cid=22118&sid=120

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