I am a victim of domestic violence and the abuser has a gun. Is that legal?
In Massachusetts, a firearms license is required to legally have a firearm. Massachusetts state law says that a person is only eligible for a license to have or buy a gun if s/he:
- has not been convicted, or adjudicated a “youthful offender” or “delinquent child,” of any of the following either in Massachusetts or in another state:
- a felony;
- a misdemeanor punishable by imprisonment in a jail or prison for more than two years;
- a “violent crime,” defined here;
- a misdemeanor crime of domestic violence, defined here; or
- any weapons offense or drug-related offense; (Note: For the crimes listed in #2 and #5, the prohibition only lasts for five years after the person was convicted/adjudicated, or released from confinement, probation, or parole supervision, whichever occurs later;)
- has not been committed to a hospital/institution for mental illness, alcohol, or substance abuse, unless after five years from the date of the confinement, the applicant submits an affidavit of a licensed physician or clinical psychologist to say that the person’s condition is not one that should prevent firearm possession;
- is not subject to an order from the probate court appointing a guardian/conservator on his/her behalf due to lacking mental capacity;
- has not been committed to treatment by a court due to being a drug addict or alcoholic;
- is age 21 or older;
- is a citizen or national of the United States with lawful permanent residency;
- is not currently subject to an order for suspension and surrender of firearms license as part of a temporary or ex parte abuse prevention order;
- is not subject to a final abuse prevention order issued in Massachusetts or another state;
- is not currently subject to an extreme risk protection order issued by Massachusetts or another state;
- is not currently subject to a temporary or permanent harassment prevention order issued by Massachusetts or a similar order issued by another state;
- has not been discharged from the armed forces of the United States under dishonorable conditions; and
- is not subject to an outstanding arrest warrant.1
1 Mass. Gen. Laws 140 § 121F(j)