Massachusetts firearms-licensing law disqualifies any applicant ever convicted of "a misdemeanor punishable by imprisonment for more than 2 years." G.L. c. 140, § 121F(j)(i)(B). The standard misdemeanor cap in Massachusetts is 2.5 years in a house of correction, which means a substantial portion of routine misdemeanor convictions trigger this lifetime LTC bar. This post catalogs the 86 specific Massachusetts misdemeanors that fall above the two-year threshold, organized by subject matter, with the disclaimers and asymmetries (FID 5-year sunset vs. lifetime LTC bar) you need before drawing any conclusion about a particular conviction.
Massachusetts firearms-licensing law disqualifies any applicant who has ever been convicted of "a misdemeanor punishable by imprisonment for more than 2 years." G.L. c. 140, § 121F(j)(i)(B). This sounds like a narrow rule. It is not. The standard maximum sentence for a Massachusetts misdemeanor is 2.5 years in a house of correction, which means a substantial portion of routine misdemeanor convictions trip the disqualifier.
This post is a reference list of the specific Massachusetts misdemeanors that carry an HOC maximum above two years. The purpose is to give you a starting point for understanding whether a particular conviction in your record may have triggered an LTC denial, or may be at risk of triggering one. Read the disclaimers carefully before drawing any conclusion about your own case.
Important Disclaimers
This is general legal information, not legal advice for your case. Every firearms-licensing case is fact-specific. The legal effect of any given conviction depends on the actual disposition (conviction vs. CWOF vs. dismissed), the date of conviction, the date and conditions of any release from supervision, the specific subsection of the statute charged, and a number of other variables. Do not rely on this list to plan a plea, an application, or an appeal. Talk to counsel.
This list is misdemeanors only. Section 121F(j)(i) lists six categorical disqualifiers. This post addresses (B) — the "more than 2 years" misdemeanor catchall — only. It does not list felonies (which all disqualify under (A)), violent crimes (under (C)), firearms-law violations (under (D)), controlled-substance offenses (under (E)), or misdemeanor crimes of domestic violence as defined in 18 U.S.C. § 921(a)(33) (under (F)). Many convictions disqualify under more than one category at once.
Source is dated. The compilation below is drawn from the Massachusetts Sentencing Commission's Felony and Misdemeanor Master Crime List published in June 2018. Statutes amended after that date, including changes from St. 2024, c. 135 (the Firearms Act), are not reflected. Firearms-related entries in particular should be cross-checked against the current chapter text.
LTC and FID are different. Section 121F(j)(i) provides that the (B), (D), and (E) disqualifiers "shall only disqualify an applicant for a firearm identification card under section 129B for 5 years after the applicant was convicted or adjudicated or released from confinement, probation or parole supervision for such conviction or adjudication, whichever occurs later." For an FID, a (B) misdemeanor is a five-year disqualifier. For an LTC under § 131, no comparable sunset is written into the statute, and the bar appears permanent. Anyone consulting this list should keep that asymmetry in mind: the LTC and FID outcomes for the same underlying conviction are not the same.
A CWOF is not a "conviction" for many purposes. Massachusetts continuance without a finding (CWOF) dispositions are not convictions for many statutory purposes. If your record shows a CWOF rather than a conviction, the (B) analysis may not apply at all. Pull the docket entry and the disposition language before assuming a CWOF triggers the bar.
Out-of-state convictions need separate analysis. Section 121F(j)(i) speaks of convictions "in a court of the commonwealth or in any other state or federal jurisdiction." A foreign conviction triggers (B) only if the foreign offense carries a statutory maximum of more than two years under the law of the convicting jurisdiction. The penalty structure of the foreign jurisdiction, not Massachusetts, is the operative measure.
Many entries below are subsequent-offense only. Several categories (notably the agriculture/livestock/wildlife group) reach the 2.5-year HOC ceiling only on a second or subsequent conviction. A first offense in those categories is typically a civil violation or carries a lower penalty and does not trigger (B). Read the level/penalty structure for each individual statute.
The federal counterpart is parallel but not identical. Federal law, 18 U.S.C. § 922(g)(1), bars firearm possession by anyone convicted of "a crime punishable by imprisonment for a term exceeding one year." Section 921(a)(20)(B) carves out state misdemeanors "punishable by a term of imprisonment of two years or less." So a Massachusetts misdemeanor at the 2.5-year ceiling triggers both the state LTC bar and the federal possession bar.
Post-Bruen vulnerability is an open question. The lifetime LTC bar under (B) for a non-violent misdemeanor is increasingly under federal constitutional pressure after New York State Rifle & Pistol Ass'n v. Bruen, 597 U.S. 1 (2022). The Third Circuit en banc in Range v. Attorney General, 69 F.4th 96 (3d Cir. 2023), struck down federal § 922(g)(1) as applied to a 25-year-old non-violent food-stamp fraud conviction. Massachusetts has not yet directly adjudicated whether (B)'s lifetime LTC bar survives a similar as-applied challenge. Counsel evaluating an old, isolated, non-violent misdemeanor disqualifier should consider this posture alongside the conventional appeal grounds.
For broader context on how the categorical-disqualifier framework operates and how it interacts with the discretionary suitability standard, see Massachusetts LTC Disqualifiers: Categorical vs. Suitability Under § 121F.
The Categories
The 86 misdemeanors below all carry an HOC maximum of 2.5 years (30 months), which places each one above the (B) two-year threshold. They are grouped by subject matter for navigability. Within each category the format is statute, penalty level, offense description.
Domestic violence and protective orders
In practice these are the most common LTC-disqualifying misdemeanors. The federal Lautenberg Amendment (18 U.S.C. § 922(g)(9)) separately bars firearm possession after any "misdemeanor crime of domestic violence" regardless of penalty length, so a c. 209A or related conviction often triggers both the (B) state bar and the federal MCDV bar.
| Statute | Level | Offense | |---|---|---| | c. 208 § 34C | 3 | Abuse Prevention Order, Violation (Probate Court) | | c. 209A § 3B | 3 | Abuse Prevention Order, Violate | | c. 209A § 3C | 3 | Firearm Surrender Order, Violate | | c. 209A § 7 | 3 | Abuse Prevention Order, Violate | | c. 209A § 7 | 3 | Abuse Prevention Order, Violate, Retaliation for Non-Support | | c. 258E § 9 | 3 | Harassment Prevention Order, Violate |
Firearms and dangerous-weapon misdemeanors
A misdemeanor firearms conviction can itself disqualify, even where the underlying offense is not a felony in Massachusetts terminology. Carrying without an LTC under specific subsections, surrender violations, defaced serial numbers, and operating a firearm under the influence are all 2.5-year HOC misdemeanors. These also independently fall within § 121F(j)(i)(D) (any firearm or ammunition offense for which a term of imprisonment may be imposed).
| Statute | Level | Offense | |---|---|---| | c. 140 § 131J | 3 | Electric Stun Gun, Sell or Possess | | c. 269 § 10(b) | 2 | Dangerous Weapon, Carry, No Prior Felonies | | c. 269 § 10(i) | 2 | Firearm/License/FID Card, Fail to Surrender | | c. 269 § 10(n) | 4 | Firearm Violation of c. 269 § 10(a), Carry With Ammunition | | c. 269 § 10(n) | 5 | Firearm Violation of c. 269 § 10(c), Carry With Ammunition | | c. 269 § 10H | 3 | Firearms While Under Influence, Licensee Carrying | | c. 269 § 11C | 3 | Firearm Serial No., Deface or Receive With Defaced No. | | c. 269 § 14B | 2 | False or Silent 911 Call |
OUI and motor-vehicle operating offenses
OUI under c. 90, § 24(1)(a)(1) is the single most common 2.5-year HOC misdemeanor that ends an LTC application. Subsequent-offense and license-suspended-while-OUI variants also appear here. For practical guidance on this category, see LTC Denied for an OUI Conviction in Massachusetts.
| Statute | Level | Offense | |---|---|---| | c. 90 § 12(b) | 3 | Unlicensed/Suspended Operation of MV, Permit, Subsequent Offense | | c. 90 § 12(c) | 3 | Ignition Interlock, Permit Operation Without, Subsequent Offense | | c. 90 § 17B | 2 | Racing Motor Vehicle by Licensed Operator | | c. 90 § 23 | 2 | License Suspended for OUI/CDL, Operate MV With | | c. 90 § 23 | 3 | License Suspended for OUI, OUI While | | c. 90 § 24(1)(a)(1) | 2 | OUI Liquor or .08% or Drugs |
Boating OUI and recreational-vehicle offenses
| Statute | Level | Offense | |---|---|---| | c. 90B § 26B(d) | 3 | Snow/Recreation Vehicle Serious Injury, Negligent/Reckless | | c. 90B § 8(a)(1)(A) | 2 | Boat OUI Liquor or .08% or Drugs | | c. 90B § 8(a)(1)(A) | 2 | Boat OUI Liquor or .08% or Drugs, 2nd Offense | | c. 90B § 8(a)(1)(A) | 3 | Boat OUI Liquor or .08% or Drugs, 3rd Offense | | c. 90B § 8A(2) | 3 | Boat OUI - Liquor or .08% or Drugs and Serious Injury | | c. 90B § 8B(2) | 3 | Boat, Negligent Operation of and Death | | c. 90B § 8B(2) | 4 | Boat Reckless Operation of and Death | | c. 90B § 8B(2) | 4 | Boat OUI, Liquor or .08% or Drugs and Death |
Sex offenses, registry violations, prostitution
| Statute | Level | Offense | |---|---|---| | c. 6 § 178N | 2 | Sex Offender Registry Information, Illegal Use Of | | c. 272 § 8 | 2 | Prostitute, Solicit For | | c. 272 § 53A(b) | 3 | Sexual Conduct, Pay For | | c. 272 § 62 | 2 | Common Nightwalker Third Conviction | | c. 272 § 64 | 2 | Tramp, Violations By | | c. 272 § 72 | 2 | Body, Sell or Buy |
Drug
| Statute | Level | Offense | |---|---|---| | c. 94C § 32C(b) | 3 | Drug, Distribute or Possess With Intent, Class D, Subsequent Offense |
A controlled-substance conviction also independently triggers § 121F(j)(i)(E), which has its own analysis.
Identity fraud and financial crimes
| Statute | Level | Offense | |---|---|---| | c. 118 § 2 (Note) | 2 | Transitional Assistance, Unauthorized Release of Fingerprint | | c. 118E § 40 | 2 | Medical Assistance Fraud by Non-Provider | | c. 166 § 42A | 2 | Cable TV/Telephone Service Under $5,000 by Fraud, Obtain or Attempt | | c. 175 § 73 | 2 | Insurance Co. Advance Payment Violation, Mutual | | c. 176P § 48 | 2 | Limited Benefit Society, False Statement | | c. 266 § 37E(b) | 4 | Identity Fraud, Pose | | c. 266 § 37E(c) | 4 | Identity Fraud, Intent to Pose | | c. 266 § 37E(c½) | 4 | Possess Access Tool, Knowledge of Intent, Identity Fraud | | c. 271 § 49(b) | 2 | Usury; Possession of Records For |
Property destruction, receiving stolen, jail/HC damage
| Statute | Level | Offense | |---|---|---| | c. 266 § 60 | 2 | Receive Stolen or Falsely Traded Property Under $1,200 | | c. 266 § 127 | 2 | Destruction of Property Over $1,000, Wanton | | c. 266 § 127A | 3 | Church/Synagogue, Injury Under $5,000 To | | c. 266 § 130 | 2 | Prisoner Damage to Jail/HC Property |
Civil rights orders, healthcare-facility access, reproductive health
The reproductive-health-care-facility (clinic-access) statute, c. 266 § 120E½, was added in 2017 to expand the buffer-zone framework after McCullen v. Coakley. Subsequent-offense variants are the 2.5-year category here.
| Statute | Level | Offense | |---|---|---| | c. 12 § 11J | 3 | Civil Rights Order Violation | | c. 12 § 11L | 3 | Restraining Order Violation by Unlicensed Health or Mental Health Professional | | c. 266 § 120E | 2 | Medical Facility, Obstruct, Subsequent Offense | | c. 266 § 120E(c) | 2 | Reproductive Health Care Facility, Fail to Comply With Withdrawal Order, Subsequent | | c. 266 § 120E(f) | 3 | Reproductive Health Care Facility, Interfere/Impede or Attempt Access/Departure, Subsequent | | c. 266 § 120E(g) | 3 | Reproductive Health Care Facility, Interfere With Vehicle, Reckless, Subsequent |
Child welfare, mandated-reporter, abuse registry
| Statute | Level | Offense | |---|---|---| | c. 15D § 6(a) | 2 | Child Care Program, Unlicensed | | c. 15D § 6(b) | 2 | Family Foster Care, Unlicensed | | c. 15D § 6(c) | 2 | Adoption, Unlicensed | | c. 15D § 6(d) | 2 | Foster Home Placement, Unapproved | | c. 15D § 6(e) | 2 | Child Care Program, Advertising Unlicensed | | c. 119 § 51A(c) | 2 | Child Abuse Frivolous Report Of, 3rd Offense | | c. 119 § 51A(c) | 2 | Child Abuse With Serious Injury/Death, Mandated Reporter Failure to Report | | c. 119 § 51E | 2 | Child Abuse Report, Improperly Disclose | | c. 119 § 51F | 2 | Child Abuse Registry Information, Disclose |
Healthcare and elder-protection registry
| Statute | Level | Offense | |---|---|---| | c. 111 § 72I | 2 | Nursing Home Abuse Reports, Disclose | | c. 111 § 72J | 2 | Nursing Home Abuse Registry, Disclose |
Public trust: elections, gaming, witness protection, resisting
| Statute | Level | Offense | |---|---|---| | c. 23K § 37(d) | 2 | Massachusetts Gaming Commission, Licensed Operator Violation | | c. 56 § 50 | 2 | Election Ballot, Mishandle Primary | | c. 56 § 53 | 2 | Election Ballot, Mark Improperly | | c. 56 § 55 | 2 | Election Ballot, Alter/Deposit/Remove | | c. 263A § 13(b) | 3 | Witness Protection, Disclosure of Information | | c. 268 § 32B | 2 | Resist Arrest |
Agriculture, livestock, wildlife, animal welfare
Almost all subsequent-offense provisions. A first offense in this category is typically a civil violation; the 2.5-year HOC ceiling applies only to the second or subsequent conviction.
| Statute | Level | Offense | |---|---|---| | c. 128 § 2B | 2 | Riding School Violation, Subsequent Offense | | c. 129 § 39 | 2 | Cattle/Pigs Sale Violation, Subsequent Offense | | c. 129 § 39A | 2 | Pet Shop Violation, Subsequent Offense | | c. 129 § 39B | 2 | Guard Dog Business Violation, Subsequent Offense | | c. 129 § 39C | 2 | Hearing Dog Business Violation, Subsequent Offense | | c. 129 § 40A | 2 | Hog Cholera Vaccine Violation, Subsequent Offense | | c. 129 § 41 | 2 | Cattle, Transport Without Bill of Sale, Subsequent Offense | | c. 129 § 42 | 2 | Cattle, Non-Veterinarian Tag, Subsequent Offense | | c. 129 §§ 44-47 | 2 | Horse Dealing/Transport/Import Violation, Subsequent Offense | | c. 130 § 75 | 3 | Shellfish in Contaminated Area by Dealer | | c. 131 § 65A(b) | 2 | Online Shooting or Spearing Violation | | c. 272 § 77A | 2 | Police Horse/Dog, Mistreat or Interfere |
Special acts (local / session laws)
| Statute | Level | Offense | |---|---|---| | St. 2014, c. 80, § 12 | 2 | City of Mashpee, Corruption/Pollution/Diversion of Water Supply |
Inchoate offenses (solicitation, conspiracy)
Levels are contingent on the underlying substantive offense. Only inchoate forms tied to felonies less than five years and certain other-crime conspiracies fall in the 2.5-year HOC misdemeanor band.
| Statute | Level | Offense | |---|---|---| | c. 274 § 7 cl. (4) | Contingent | Conspiracy — Other Crime | | c. 274 § 8 | Contingent | Solicitation — Felony Less Than 5 Years |
How Do You Use This List in Practice?
If you have a Massachusetts misdemeanor conviction and you are considering an LTC application, the practical steps are:
1. Pull your CORI. Get the actual disposition language. Confirm conviction vs. CWOF vs. dismissed. The wording matters. 2. Identify the statute charged. The complaint or docket should cite a specific subsection. 3. Cross-reference. If your conviction matches an entry above, the (B) bar likely applies for LTC purposes and may apply for FID purposes (subject to the 5-year sunset). 4. Check the actual statutory maximum. Statutes are amended. The 2.5-year ceiling reflected here is from 2018 data. Look at the current text of the statute charged before drawing conclusions. 5. Consider relief routes. Sealing under G.L. c. 276 § 100A or § 100C, expungement (limited circumstances), pardon, or, for FID, simply waiting out the 5-year clock are all real options depending on the conviction and its age. 6. Talk to counsel. This is not a category of case where a generic appeal letter is likely to succeed. The framework is technical and the right theory of relief depends on facts not visible from a list.
If you have been denied an LTC and the denial cites a misdemeanor conviction, or you have an old conviction and you are weighing whether to apply, contact my office.