MA Supreme Judicial Court Holds Old Nonresident Carry Licensing Scheme Unconstitutional But Upholds New Law

On March 11, the Supreme Judicial Court of Massachusetts issued two decisions concerning the Commonwealth’s firearms carry licensing scheme for nonresidents.

First, in Commonwealth v. Donnell, the court held that the Commonwealth’s old nonresident licensing scheme was unconstitutional under New York State Rifle and Pistol Association v. Bruen. In particular, the court held that the Commonwealth employed a “may-issue” scheme in which a licensing official had discretion over whether to issue a license (as opposed to a “shall-issue” scheme, in which a license is issued if the applicant satisfies certain objective criteria). After Bruen, such “may-issue” schemes are invalid. Therefore, the court declared Massachusetts’s old licensing scheme unconstitutional.

The second case, Commonwealth v. Marquis, considered the Commonwealth’s current, post-Bruen nonresident licensing scheme. In this case, the court held that the current scheme is “shall-issue” and thus constitutional.

The National Rifle Association filed an amicus brief in these cases arguing that the pre- and post-Bruen licensing schemes both discriminate against nonresidents because the application requirements are significantly more burdensome for nonresidents than residents.

Please stay tuned to www.nraila.org for future updates on NRA-ILA’s ongoing efforts to defend your constitutional rights, and please visit https://www.nraila.org/legal-legislation/current-litigation/ to keep up to date on NRA-ILA’s ongoing litigation efforts.