Three Categories of Jail Credit
Massachusetts jail credit cases are usually argued as abuse of discretion. Reading the cases as three situations suggests that in two of them the judge has no discretion at all, which changes what an appellate court is reviewing.
Some Massachusetts Cities and Towns Impose Outdated Requirements on Firearms License Applicants
I collected and dated what 229 Massachusetts municipalities tell firearms license applicants. Fifteen of them, covering over 600,000 residents, require a document G.L. c. 140 does not list. Whether a department may ask is a harder question than it looks, and the nearest case is thirty-five years old.
When the Translator Never Testifies
Massachusetts prosecutors often offer English transcripts of foreign-language recordings without calling the translator. Commonwealth v. Portillo says the transcript comes in through a translator qualified as an expert. Here is why that matters on appeal.
The Two October Deadlines, and Why One Is Far More Dangerous Than the Other
Massachusetts gun owners face two compliance deadlines this October. Most owners owe far less on registration than they fear, because anything already reported on an FA-10 is done. Serialization is a separate duty with separate exemptions, no carry-over, and a consequence that is not a fine at all...
Question 9: What a Repeal of the Massachusetts Firearms Law Would Actually Do
Question 9 sits at the bottom of a nine-question ballot on November 3, and it asks whether Massachusetts keeps its 2024 firearms law. The vote runs backwards from what most people expect, the law is already in force, and the act's serialization and registration deadlines fall before you vote...
Appealing an LTC Suspension: The Four Stages, and Why One Lawyer Should Handle the Whole Appeal
The chief's decision to suspend or revoke your Massachusetts License to Carry is a single decision, and it lands whether you have a lawyer or not. The first decision that belongs to you is what comes next. This post walks the four stages and explains why the smartest move is to hire one lawyer, the moment the notice arrives...
When the Chief's LTC Suspension Notice Arrives: The First Week Matters Most
The letter is sitting on your kitchen counter. Your chief of police has suspended or revoked your Massachusetts License to Carry. Nobody gave you any warning, and you had no chance to tell your side of the story. What you do in the next several days will shape the entire appeal that follows...
The District Court Hearing in a Massachusetts LTC Suspension Appeal
The District Court hearing is the only stage of a Massachusetts LTC appeal where a judge takes evidence. If a fact never came in at this hearing, it does not exist at Superior Court on certiorari, and it does not exist at the Appeals Court either. That structural reality is what makes it the most consequential stage in the whole process...
Certiorari to Superior Court After an Adverse LTC Decision
The District Court judge sided with the chief. Now what? The next step is a civil action in the nature of certiorari under G.L. c. 249, § 4, filed in the Superior Court within 60 days. Certiorari is a specific, narrow, record-bound form of judicial review, and it is nothing like the District Court hearing that came before...
Taking an LTC Case to the Massachusetts Appeals Court After a Superior Court Loss
The Superior Court's certiorari review sided with the chief. What now? A notice of appeal to the Massachusetts Appeals Court, filed within 30 days, is next. The Appeals Court applies the same certiorari standard and reviews the same fixed record. What wins at that stage, and what strategic questions matter when the case reaches the last court...
When the Commonwealth Appeals, It Pays Your Lawyer: Mass. R. Crim. P. 15(d)
When a Massachusetts prosecutor takes an interlocutory appeal in a criminal case, Mass. R. Crim. P. 15(d) requires the Commonwealth to pay the defendant's appellate attorney's fees. The rule is mandatory, and it applies whether the defendant wins the appeal or loses it...
Massachusetts Misdemeanors That Disqualify You from an LTC: A Reference List
Massachusetts firearms-licensing law disqualifies any applicant who has ever been convicted of "a misdemeanor punishable by imprisonment for more than 2 year...
How Do I Know If a Specific Gun Is Legal in Massachusetts?
The honest answer is that there is no single authoritative list you can check. Massachusetts firearms law is layered, the layers were rewritten in 2024, the ...
Grandfathering Under St. 2024, c. 135: Who Keeps What, and Under What Conditions
When St. 2024, c. 135 took effect on October 2, 2024, it dramatically expanded the Massachusetts ban on assault-style firearms and on the transfer of large c...
Voluntary Firearm Surrender in Massachusetts: How § 131O Works and Where the Risks Are
Massachusetts has a statewide voluntary firearms surrender program codified at G.L. c. 140, § 131O. It exists for a real reason. People inherit firearms from...
Moving to Massachusetts with Firearms: The 60-Day Safe Harbor Under § 129C
Massachusetts is one of the strictest firearms-licensing states in the country. If you live in another state and are planning to move here with firearms you ...
Massachusetts FID Cards: What They Are, Who Needs One, and What They Don't Cover
The Firearm Identification Card, almost always called an FID card, is the entry-level firearms credential in Massachusetts. It is issued under G.L. c. 140, §...
How Police Chiefs Review LTC Applications in Massachusetts
When you submit a License to Carry (LTC) application to your local police chief, you're not just filling out a form and waiting for rubber-stamp approval. Th...
LTC Denied for an OUI Conviction in Massachusetts
If you applied for a License to Carry and were denied because of an OUI conviction, you are dealing with one of the most common LTC disqualifications in the ...
Massachusetts LTC Disqualifiers: Categorical vs. Suitability Under § 121F
If you have been denied a Massachusetts License to Carry (LTC) or Firearm Identification Card (FID), or you have something in your background and want to kno...
Can You Keep Guns During an LTC Appeal in Massachusetts?
The short answer is no. Under current Massachusetts law, you cannot retain physical possession of your firearms while an LTC denial, suspension, or revocation appeal is pending. St. 2024, c. 135 eliminated the prior provision allowing limited retention...
Massachusetts Firearms Licensing Review Board
If a police chief denied your LTC (License to Carry) application based on a misdemeanor conviction from years ago, you may have a path forward that most peop...
LTC Suspension vs. Revocation in Massachusetts After H.4885
If your Massachusetts LTC has been suspended or revoked, the distinction between those two words matters more than you might think. Massachusetts LTC suspens...
What Happens to Your LTC When Charged with a Crime
Getting charged with a criminal offense in Massachusetts can trigger consequences far beyond the criminal case itself. If you hold a License to Carry (LTC), ...
Massachusetts LTC Suitability Standard Explained
If your license to carry application was denied for "suitability" reasons, you are not alone. Massachusetts LTC suitability is one of the most commonly misun...
What to Do If You're Under Investigation for Financial Crimes
If you learn you are the target of a federal or Massachusetts financial-crime investigation, do three things immediately: decline to speak with investigators, preserve every document, and retain experienced counsel before charges...
Your LTC Was Denied. What Are Your Options?
If your Massachusetts license to carry was denied, suspended, or revoked, you have 90 days from notice to file a petition for judicial review in the district court. Missing the deadline forfeits the right to appeal...
How to Appeal an LTC Denial in Massachusetts
To appeal a Massachusetts LTC denial, you must file a petition for judicial review in the district court having jurisdiction in the city or town where you applied, within 90 days of notice. Massachusetts decisions predating Bruen place that burden on the petitioner, and no appellate court has revisited the allocation since the 2022 rewrite of the unsuitability standard...
SJC Rules Unlawful Exit Order Taints Consent to Search in Commonwealth v. Robinson
When police order you out of your car during a traffic stop, they need a legitimate reason—and "just because" isn't one of them. A recent Massachusetts Supre...
Appealing a Criminal Conviction in Massachusetts
To appeal a criminal conviction in Massachusetts, you must file a notice of appeal in the trial court within 30 days of sentencing under Mass. R. App. P. 4(b). The appellate court reviews the trial record for legal errors that affected the outcome...
More articles coming soon. Check back for regular updates on criminal law, appeals, and defense strategy in Massachusetts.