What Disqualifies You from Owning a Gun in Massachusetts?
Own a gun in Massachusetts and enjoy the freedom and responsibly that comes with it is a right that many of us cherish. However, prior to obtaining a firearm owner’s identification (FOID) card and purchasing or possessing a firearm, certain individuals may be disqualified by law. In this article, we will explore what disqualifies you from owning a gun in the Bay State.
Contents
Legal Bars to Gun Ownership
Massachusetts law prohibits certain individuals from owning or possessing a gun. These legal bars apply to individuals who have certain criminal convictions, mental health adjudications, or other certain disqualifying factors (M.G.L. Chapter 140, Section 129A).
Table 1: Legal Bars to Gun Ownership in Massachusetts
| Disqualifier | Description |
|---|---|
| Crimes of Violence | Convicted of a crime of violence, including murder, homicide, assault, and related offenses |
| Drug Felonies | Convicted of a drug-related felony |
| Domestic Violence Convictions | Convicted of a domestic violence offense (M.G.L. Ch. 209A and 265, Section 15A) |
| Mental Health Adjudications | Adjudicated or committed to a mental hospital or institution |
| Guardianship or Conservatorship | Under a guardianship or conservatorship based on mental illness or condition |
| Dishonorable Discharge | Dishonorable discharge from the United States Armed Forces |
| Renunciation of Citizenship | Voluntarily renounced American citizenship |
| Illegal Residents | Not a legal resident or citizen of the United States |
Criminal Convictions: The Most Common Disqualification
Criminal convictions are some of the most common ways that individuals are disqualified from owning a gun in Massachusetts. Any conviction, including misdemeanors, or a prison commitment for a crime (M.G.L. 140, Section 128A) can disqualify an individual from obtaining a FOID card.
Additionally, certain crimes of violence, including crimes that involve the use, attempted use, or threat of physical force against a person or property, including:
• Murder
• Manslaughter
• Extortion
• Kidnapping
• Assault with intent to murder
• Aggravated assault on a family or household member
can also disqualify an individual from gun ownership.
Mental Health Issues: A Growing Concern for Gun Ownership
Mental health issues are another significant issue that can disqualify an individual from owning a gun in Massachusetts. Anyone who has been admited to a mental institution or committed under the provisions of Chapter 123, Section 21 (M.G.L. 140, Section 129A) shall be disqualified from owning, possessing, or carrying firearms.
Additionally, individuals with a history of or currently suffering from a mental illness can also be disqualified from owning a gun. This may include individuals with a:
• Mental competence issue
• Psychiatric condition issue
• Substantial impairment of judgment due to a mental or medical condition
Other Disqualifications
Other disqualifications to gun ownership in Massachusetts may include:
• Deportation or removal, or being an unnaturalized alien and not lawfully present in the United States
• Dishonorable discharge from the Armed Forces
• Certain federal crimes, including crimes related to marijuana or other controlled substances, and crimes involving the transport of firearms across state or national borders
• Criminal convictions by a federal court, other than a conviction for misdemeanor possession of a controlled substance
If an individual is found to be legally disqualified from owning a firearm and is in possession of a gun, they could face serious legal consequences.
• Criminal Prosecution: Unauthorized possession or ownership of a firearm could result in criminal charges under M.G.L. chapter 269, Section 10.
• Federal Charges: Possession or ownership of a firearm by an ineligible individual could also result in federal charges under 18 U.S.C. Sections 922(g) or 924(a).
• Loss of Civil Liberties: In addition to these criminal consequences, an individual found to be illegally armed could also face the revocation of their civil rights, including the right to vote, serve on a jury, or hold certain public offices.
Concluding Remarks
In this article, we have reviewed the legal bars to gun ownership in Massachusetts, highlighted the most common disqualifications, and discussed other important factors that can restrict an individual’s right to own a firearm. Ultimately, it is essential that individuals understand the laws related to gun ownership in order to ensure public safety and national security.
