Appeals
Useful links resources such as the Massachusetts Firearms Review Board (FRB)
and The National Instant Criminal Background Check System (NICS)
and The National Instant Criminal Background Check System (NICS)
The Massachusetts Firearms Review Board (FRB)
Every citizen of the state of Massachusetts has the right granted to them by the 2nd Amendment of The Constitution to keep and bear arms. If you have a clean mental health and criminal history there is no reason for any citizen in Massachusetts to be denied these given rights.
LTC Denial: The law says you can appeal a suspension, revocation, denial of, or restriction applied to a License by filing a petition for judicial review in district court within 90 days. The law also says that if you do not get a License within 40 days from your date of application, you can assume you are denied and go to court. The court will expect you to prove that the chief’s decision to deny you was “capricious” or “arbitrary.”
FID Denial: With the passing of Chapter 284, beginning on January 1, 2015 licensing authorities will have limited power to deny issuance of an FID License for reasons other than statutory disqualifiers. For the licensing authority to deny an FID License based on "unsuitability" there is a burden of proof upon the licensing authority, they must petition district court, notify the applicant in writing with reason for denial and include the evidence serving as the basis for denial. Once the court receives the petition with evidence, they must hold a hearing within 90 days. If no decision is rendered during the 90 day time period following the hearing, the applicant will be found suitable.
For the court to deny issuance of an FID the court must show supporting evidence that there is:
LTC Denial: The law says you can appeal a suspension, revocation, denial of, or restriction applied to a License by filing a petition for judicial review in district court within 90 days. The law also says that if you do not get a License within 40 days from your date of application, you can assume you are denied and go to court. The court will expect you to prove that the chief’s decision to deny you was “capricious” or “arbitrary.”
FID Denial: With the passing of Chapter 284, beginning on January 1, 2015 licensing authorities will have limited power to deny issuance of an FID License for reasons other than statutory disqualifiers. For the licensing authority to deny an FID License based on "unsuitability" there is a burden of proof upon the licensing authority, they must petition district court, notify the applicant in writing with reason for denial and include the evidence serving as the basis for denial. Once the court receives the petition with evidence, they must hold a hearing within 90 days. If no decision is rendered during the 90 day time period following the hearing, the applicant will be found suitable.
For the court to deny issuance of an FID the court must show supporting evidence that there is:
- (A) reliable, articulable, and credible information that the applicant has exhibited or engaged in behavior to suggest the applicant could potentially create a risk to public safety; or
- (B) existing factors that suggest that the applicant could potentially create a risk to public safety.
The National Instant Criminal Background Check System (NICS)
Mandated by the Brady Handgun Violence Prevention Act of 1993 and launched by the FBI on November 30, 1998, NICS is used by Federal Firearms Licensees (FFLs) to instantly determine whether a prospective buyer is eligible to buy firearms.
If you believe you have been wrongfully denied a firearm transfer you may request an appeal. Some individuals may find they are continuously delayed when purchasing or redeeming firearms. Others may successfully appeal a NICS denial but still experience extended delays or erroneous denials on subsequent transactions. The Voluntary Appeal File (VAF) was established to assist in these types of situations by providing a way for an individual to request that NICS maintain information to clarify their identity or past events to prevent future extended delays or erroneous denials on firearm transfers.
Appeal Instructions:
https://www.fbi.gov/services/cjis/nics/national-instant-criminal-background-check-system-nics-appeals
Appeal Form:
https://forms.fbi.gov/nics-appeal-request-form
Note: By Law State and Federal agencies are required to destroy background check information once completed, therefore requiring a new background check be performed for every new transaction. This is many cases, results in delays or denials.
The below form authorizes these agencies to retain your information to eliminate future delays and or denials.
VAF UPIN Form:
https://www.fbi.gov/file-repository/vaf-form-25.pdf/view
If you believe you have been wrongfully denied a firearm transfer you may request an appeal. Some individuals may find they are continuously delayed when purchasing or redeeming firearms. Others may successfully appeal a NICS denial but still experience extended delays or erroneous denials on subsequent transactions. The Voluntary Appeal File (VAF) was established to assist in these types of situations by providing a way for an individual to request that NICS maintain information to clarify their identity or past events to prevent future extended delays or erroneous denials on firearm transfers.
Appeal Instructions:
https://www.fbi.gov/services/cjis/nics/national-instant-criminal-background-check-system-nics-appeals
Appeal Form:
https://forms.fbi.gov/nics-appeal-request-form
Note: By Law State and Federal agencies are required to destroy background check information once completed, therefore requiring a new background check be performed for every new transaction. This is many cases, results in delays or denials.
The below form authorizes these agencies to retain your information to eliminate future delays and or denials.
VAF UPIN Form:
https://www.fbi.gov/file-repository/vaf-form-25.pdf/view