Restoration of Rights

RESTORATION OF CIVIL RIGHTS. Conflict Between Massachusetts & Federal Law

Posted on

RESTORATION OF CIVIL RIGHTS

Conflict Between Massachusetts & Federal Law

The Bureau of Alcohol, Tobacco and Firearms has reached out to the Massachusetts Firearms Review Board and advised them that they can no longer issue License to Carry or Firearms Identification Cards to Federally Prohibited Persons even if a favorable decision is made by the Firearms License Review Board. 

As of May 11, 2018. The MA Firearms Review Board will NO longer issue FID Cards to federally prohibited persons whose rights to an FID Card have been restored after 5 years under state law. Which means that the persons rights will be revoked. 

(Below is from Massachusetts Firearms Law Guide) 

Excerpt of Case Law Concerning Restoration of Rights
Any restriction on an individual’s right to possess firearms after conviction is a complete prohibition on the possession of all firearms under Federal law. Caron v. United States (1998)

Excerpt of Letter to Massachusetts Legislature Concerning Restoration of Rights

While Massachusetts has partially restored the rights of certain felons to possess long guns and handguns under certain conditions, this restoration does not remove federal prohibitions. As a result, previously convicted felons who have not had their firearms rights completely restored may not lawfully possess firearms under Federal law and may face prosecution under section 922(g)(1) despite their lawful possession under State law pursuant to valid FID Cards.

Roy Chabra,
BATF Division Counsel