Mass. Nonresident Concealed Carry Law Unconstitutional

COMMONWEALTH vs. DEAN F. DONNELL, JR. (Mjass. 2025):

In this case, along with Commonwealth v. Marquis, 495 Mass. (2025), also decided today, we consider the constitutionality of the statutory scheme under which a nonresident of the Commonwealth may be charged with unlawful possession of a firearm absent a temporary license. See G. L. c. 269, § 10 (a); G. L. c. 140, § 131F. Our opinion in Marquis examines the updated version of the licensing law enacted on August 10, 2022. See St. 2022, c. 175, §§ 17B-22 (effective Aug. 10, 2022). Here, we examine the prior "may issue" version of § 131F in effect at the time of the defendant's arrest. For the reasons discussed below, we hold that the Commonwealth's prior nonresident licensing scheme violates the Second Amendment under the Bruen decision. Accordingly, we affirm the dismissal of the § 10 (a) charge against the defendant.

I do not have a link to it yet, but one of the attorneys forwarded me a copy of the decision.