Fitchburg District Court

CLIENT’S LTC DENIED WAS DUE TO FELONY CONVICTION AND UNTRUTHFULNESS, BUT ATTORNEY PATRICK J. NOONAN WINS APPEAL, REVERSING THE DENIAL, AND AN LTC HAS BEEN ISSUED TO THE CLIENT. 

Client applied for a License to Carry Firearms, but the police department denied his application on the grounds that the client had a disqualifying felony conviction from Florida, and THAT the client was untruthful on the application when he denied that he had ever been convicted of a felony. On appeal, Attorney Patrick J. Noonan obtained all records relating to the client’s criminal case in Florida. In the Florida case, client was charged with Grand Theft and received a disposition known as Adjudication Withheld. Attorney Patrick J. Noonan conducted legal research showing that a disposition of Adjudication Withheld does not constitute a conviction under Florida law or Massachusetts law. Attorney Noonan argued that his client was not untruthful on the application because he correctly disclosed that he had not been convicted of a felony because, legally, the disposition in his Florida case did not constitute a conviction. After a hearing, including testimony, and after consideration of Attorney Noonan’s legal arguments, the judge reversed the decision denying the client’s LTC and ordered the police department to issue him a License to Carry Firearms.