Licensing – Disqualifications
Q As the licensing authority, do I have any discretion with regards to disqualifying someone for a violent crime?
A The simple answer is no. If the conviction is for a violent crime, the applicant can never have an FID Card or LTC. What is complicated about this issue however is determining what is a violent crime. The Gun Control Advisory Board produced a list of so-called violent crimes as a guide for the Massachusetts Chiefs of Police Association. Since there is no case law, CMR or statute on this list, it is only a guide. Some people have argued that in certain circumstances, some crimes on the list may not be a violent crime. On the other hand, there are probably offenses not on the list which under circumstances would be violent crimes. It is recommended that the list be used as a guideline or licensing tool, and that if need be, additional research can be done on individual cases if there is a question about whether a particular offense is or is not a violent crime.
