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), the Commonwealth can suspend your license almost automatically when criminal charges are filed. Understanding how this process works, what your rights are, and how to respond quickly is critical. Many people don't realize their firearms licensing and criminal defense are separate legal matters requiring parallel strategies. Waiting for your criminal case to resolve before addressing your suspended LTC suspended criminal charges Massachusetts can cost you years without your license.
How Criminal Charges Trigger LTC Suspension
When you're charged with certain crimes in Massachusetts, your LTC suspension is practically automatic. Massachusetts law authorizes police chiefs and licensing authorities to suspend or revoke an LTC based on grounds including criminal charges themselves. The suitability standard governing LTC issuance and denial is set forth in G.L. c. 140, §121F, which is incorporated by reference in §131(d). Licensing authorities determine suitability under §121F, and the suspension and revocation authority derives from that provision and related statutes.
What constitutes "not suitable" has evolved significantly, particularly after recent amendments to the licensing statute. Criminal charges, particularly felonies or charges involving violence, weapons, or drug trafficking, will almost always trigger suspension. Some chiefs issue suspensions even for misdemeanor charges depending on the facts. The problem is timing: a suspension can land in your mailbox days after an arraignment, before you've even met with your criminal defense attorney to discuss strategy.
The key legal framework appears in G.L. c. 140, §121F (cross-referenced by §131(d)), which sets out the "suitability" determination. The statute doesn't explicitly state that criminal charges alone justify suspension, but courts have consistently held that pending criminal charges create grounds for suspension, particularly when the alleged conduct involves violence or firearms. This is where your LTC suspended criminal charges Massachusetts situation becomes legally distinct from your criminal defense.
The 90-Day Appeal Clock: Why It Matters
Once your LTC is suspended, Massachusetts law gives you roughly 90 days to appeal that suspension. This timeline is statutory and strict. If you miss it, your ability to challenge the suspension becomes essentially impossible. The 90-day period runs from the date of the suspension notice, though many people don't read the notice carefully and miss when it actually starts.
You appeal an LTC suspension through district court in the jurisdiction where the licensing authority is located. Under the current statute, the appeal process is governed by G.L. c. 140, § 121F(v), which provides that an aggrieved applicant or license holder may file a petition for judicial review within 90 days of receiving notice of the suspension. The judge conducts judicial review of the licensing authority's decision, determining whether the suspension was "arbitrary, capricious, or an abuse of discretion" and whether there was "no reasonable ground" for the action. Godfrey v. Chief of Police of Wellesley, 35 Mass. App. Ct. 42, 44-46 (1993); Chief of Police of Shelburne v. Moyer, 16 Mass. App. Ct. 543, 546 (1983). The licensing authority receives "considerable latitude" in suitability determinations, Chardin v. Police Comm'r of Boston, 465 Mass. 314, 316 (2013), and the burden is on you, the petitioner, to show the decision was unsupportable. Chief of Police of Taunton v. Caras, 97 Mass. App. Ct. 182, 185 (2019). That said, the court is not limited to the licensing authority's file; you can present new evidence, testimony, and witnesses at the hearing. Chief of Police of Worcester v. Holden, 470 Mass. 845, 862 (2015).
Here's the critical part: you don't have to wait for your criminal case to conclude before you appeal your LTC suspension. In fact, waiting is usually a mistake. If your criminal case takes a year or eighteen months to resolve, your license stays suspended for that entire period, assuming you do nothing. By appealing within 90 days, you preserve your right to judicial review of the suspension. This separation of proceedings is a feature, not a bug, but only if you use it strategically.
Your Criminal Case and Your LTC Appeal Are Separate Proceedings
This cannot be overstated: your criminal defense and your LTC appeal are distinct legal matters potentially heard in different courthouses with different standards of proof and different judges. Your criminal case is governed by the reasonable-doubt standard and the full protections of the Bill of Rights. Your LTC appeal is a civil licensing matter where the standard of proof is preponderance of the evidence, roughly "more likely than not."
The licensing authority only needs to show it's more likely than not that you're unsuitable to possess firearms. They don't need to prove guilt beyond a reasonable doubt. They don't need to prove you committed the charged crime at all; they need to show that the mere fact of the charges, combined with other circumstances, makes you unsuitable as a matter of public safety.
This means your criminal case and your LTC appeal can move at completely different speeds and reach different outcomes. You might win your criminal case and lose your LTC appeal. You might settle your criminal case, only to find your LTC appeal hinges on conduct that wasn't covered by the settlement. Many defendants make the mistake of thinking their criminal attorney will handle both matters, or that fighting the criminal charges will automatically win back their license. That's not how Massachusetts law works.
The Fifth Amendment Problem: Your Own Words Can Be Used Against You
One of the thorniest issues in LTC appeals after criminal charges is the risk that what you say in the licensing proceeding could follow you into your criminal case. If you testify under oath at your LTC appeal hearing, you create a sworn record. The government's lawyers in your criminal case may seek to use that testimony against you. Even if they cannot introduce it as direct evidence, they may use it to impeach you should you later find that you need to testify in your criminal case. Any inconsistency between your LTC hearing testimony and your trial testimony becomes a weapon for the prosecution.
This is where having an experienced attorney represent you at the LTC appeal hearing provides a significant strategic advantage. When your lawyer argues on your behalf, presents evidence, and cross-examines the licensing authority's witnesses, nothing said is directly attributable to you as a sworn statement. Your attorney can make the case for your suitability without putting you on the stand. While there is no absolute guarantee that statements from a licensing proceeding will or won't be used in the criminal context, avoiding sworn testimony at the LTC hearing removes the risk entirely.
The interaction between criminal charges and LTC appeals is one reason why you need separate counsel experienced in both areas, or at minimum, two attorneys who communicate closely. A criminal defense lawyer who knows nothing about LTC law may inadvertently advise you to do something that sinks your licensing appeal. A firearms licensing attorney who doesn't understand the criminal defense implications may push you to testify in a way that helps your LTC case but creates a record the prosecution can exploit. Coordinating both proceedings through counsel who understand the full picture is essential.
Why Waiting for the Criminal Case to Resolve Is Usually a Mistake
Many people suspend action on their LTC appeal while their criminal case is pending, thinking they'll address the license once the criminal matter is settled. This is often a strategic error.
First, criminal cases in Massachusetts move slowly. If you're charged with a felony, your case might take a year or more to resolve, especially if it's set for trial. During that entire period, your license stays suspended. You cannot legally carry a firearm in Massachusetts. You cannot apply for a non-resident license in another state. You lose the ability to exercise your Second Amendment rights for the duration.
Second, the outcome of your criminal case isn't always clear in advance. You might have a strong suppression motion that could get the charges dismissed, but you won't know until the judge rules. Waiting for trial introduces unnecessary uncertainty into your licensing rights.
Third, and critically, filing your appeal within the 90-day window does not mean the appeal must be heard and decided while your criminal case is still pending. In fact, many judges may be resistant to hearing a licensing appeal on the merits while you are on terms of bail that may include conditions prohibiting firearm possession. The more likely path involves filing the appeal to preserve your rights within the statutory deadline, then requesting that the matter be stayed pending the outcome of your criminal case. This approach protects you from losing the 90-day appeal window while acknowledging the practical reality that the court may prefer to wait for the criminal case to resolve before reaching the suitability question. The filing itself is the critical act; it keeps the door open.
The converse is also true: if you lose your criminal case, your LTC appeal might fail as well, but you'll have preserved your right to be heard. You won't have sacrificed your appeal by letting the clock run out.
What You Can Expect at Your LTC Appeal Hearing
When your LTC suspension case reaches district court, the judge will hear evidence from the licensing authority, typically a police chief or licensing board. They'll present the charging documents and may call the arresting officer to testify. They may also simply appear with the police report, and the licensing officer may rely on that documentary record as the basis for the suspension. You'll have the opportunity to present your own evidence and testimony. The judge will usually take the matter under advisement rather than ruling from the bench, and will provide some form of written decision at a later date. Your attorney may also have the opportunity to file a memorandum of law in support of your petition that captures the relevant legal landscape and recaps the evidence presented at the hearing. The judge is likely to determine that the suspension is either supported or unsupported by credible evidence and rule accordingly.
Your fitness, in the eyes of the law, to carry firearms depends on the specific charges, your record, and your circumstances. Some charges, like domestic violence, make suitability findings very difficult. Others, like a single minor property crime from years ago, might not support suspension at all. The judge will consider the nature of the alleged conduct, whether it involves violence or threats, your personal history, letters of recommendation, and your explanation of the charges.
Preparation is essential. You need documents, character references, and a clear narrative about why you're suitable despite the allegations. This is where many people fail: they show up to the hearing expecting the charges to speak for themselves, without building a suitability case. The licensing authority will argue the charges alone justify suspension. Strong strategy involves undermining the basis for the suspension itself, challenging the connection between the alleged conduct and your fitness to possess firearms, and presenting affirmative evidence of your suitability.
Get Ahead of the Timeline
The single most important piece of advice is this: don't wait. The moment you receive notice that your LTC is suspended, you should contact an attorney who handles both criminal defense and firearms licensing appeals. You need to assess whether an appeal makes sense, what your strategy is, and how to coordinate with your criminal defense. The 90-day clock is real, and it's not forgiving.
If you've been charged with a crime in Massachusetts and your LTC suspended criminal charges situation is leaving you without your license, the time to act is now. A qualified attorney can explain your options, help you navigate the parallel proceedings, and fight to restore your rights while your criminal case moves forward.
Christopher B. O'Brien, Esq. represents clients throughout Massachusetts in both criminal appeals and LTC licensing matters; contact (617) 313-3438 to discuss your case.