QUESTION

Can wife own a gun if husbands record has been sealed

Asked on May 30th, 2020 on Expungements - Massachusetts
More details to this question:
Husband had record sealed in 2019 can wife whom has no criminal record own a gun ? Both live in the same home in Massachusetts.
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1 ANSWER

Criminal Law Attorney serving Andover, MA at Erkan and Associates, LLC
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Hi there Allison,   While there are more circumstances to consider, and the decision as to whether a firearm license should be granted is generally in the discretion of the police chief, the answer to your question is "yes."   The Massachusetts firearms licensing laws are found here:  https://malegislature.gov/Laws/GeneralLaws/Parti/Titlexx/Chapter140/Section131 A right to carry a firearm is a personal right.  I don't see the disqualification of one household member as a categorical basis to exclude another from exercise if their constitutional right to bear arms - provided that the firearm was adequately controlled, secured, and otherwise in compliance with the law.   Second, a sealed record is not a basis for disqualification from possession of a firearm.  Depending on whether the record is sealed or expunged, the record may or may not be accessible to law enforcment.  Assuming the record is sealed (not expunged), your husband's prior convictions may or may not disqualify him from firearm possession.  Not all criminal offenses result in the loss of the right to own a firearm.   We can discuss the specifics if you like.  Please feel free to reach out to my office at (978) 474-0054, or check out my website at www.erkanlaw.com  
Answered on Jun 22nd, 2020 at 11:29 AM

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