Massachusetts Supreme Judicial Court Makes Critical Second Amendment Rulings: What Gun Owners Need to Know

Written By: Matthew W. Peterson

Published: 03/13/2025

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The Massachusetts Supreme Judicial Court (SJC) just handed down two significant decisions that will impact gun rights amendments across the Commonwealth. In Commonwealth v. Donnell and Commonwealth v. Marquis, the court provided crucial guidance on firearm licensing that affects both Massachusetts residents and nonresidents alike. As a firearms and gun rights attorney, the Law Office of Matthew W. Peterson will help you understand this Massachusetts Supreme Judicial Court (SJC) decision.

The Cases: What Happened?

In the Donnell case, a New Hampshire resident was arrested in Massachusetts after a vehicle accident when police found a handgun in his duffel bag. He didn’t have a Massachusetts nonresident firearms license and was charged with unlawful possession. The court examined whether the pre-Bruen licensing scheme (with its “may issue” language) violated his Second Amendment rights.

In the Marquis case, another New Hampshire resident was involved in a crash in Massachusetts and informed a state trooper he had an unloaded pistol. He was traveling from New Hampshire to his workplace in Massachusetts but lacked a nonresident license. The court analyzed whether the current version of the licensing law (post-Bruen amendments) passes constitutional muster.

The SJC struck down the old law but upheld the current one – a huge distinction with major implications for gun owners!

A Victory for Second Amendment Advocates?

These decisions represent a notable shift in Massachusetts gun law. Following the U.S. Supreme Court’s landmark decision in Bruen (2022), Massachusetts amended its gun licensing laws to move from a “may issue” to a “shall issue” system. This means that licensing authorities must issue firearm licenses when applicants meet basic requirements rather than having broad discretion to deny them.

In Donnell, the SJC confirmed that the old “may issue” system violated the Second Amendment because it gave licensing authorities too much discretion to deny licenses to qualified applicants based on subjective standards.

Understanding the "Unsuitability" Standard

However, even under the new “shall issue” system, the “unsuitability” standard remains a potential concern for gun owners and Second Amendment advocates. This standard allows police chiefs to deny or suspend a license to carry even if you’ve never been convicted—or even charged—with a crime.

The good news? The SJC has now provided important guidance on what “unsuitability” actually means:

It must be based on “narrow, objective, and definite standards”
It cannot be based merely on what a police chief feels or thinks
It requires “credible information” that the person would pose “a risk to public safety or a risk of danger to self or others”
Decisions must be supported by “reliable, articulable and credible information” about specific behaviors
When denied, you must receive written notification with specific reasons
These determinations are subject to judicial review

This guidance is crucial because without these limitations, the “unsuitability” standard could become a backdoor to reintroduce limitless discretion into the licensing process, effectively undermining the “shall issue” reforms.

What This Means for Massachusetts Gun Owners

If you’re a Massachusetts resident seeking a License to carry (LTC), these decisions clarify that:

1. Licensing authorities cannot deny your application based on subjective or arbitrary standards
2. They must point to specific, credible evidence of risk to public safety
3. Factors like restraining orders may be considered but must be evaluated within these objective standards
4. You have the right to receive specific written reasons if denied
5. You can challenge an “unsuitability” determination in court

For nonresidents, the court upheld reasonable differences in licensing procedures (like shorter license durations and longer processing times) but confirmed that the same core standards apply regarding who qualifies for a license.

Moving Forward with Your License to Carry and Gun Rights Amendment

These decisions represent an important clarification of gun rights in Massachusetts, but navigating the licensing process can still be complex. If you’ve been denied a License to Carry based on “unsuitability” or are concerned about potential issues in your application, it’s important to understand that these new standards may provide a path forward.

The licensing authority must now provide specific, credible evidence of risk—not just vague concerns or subjective judgments. This gives applicants stronger grounds to challenge unfair denials with the help of firearms and gun rights attorney.

If you’ve been denied an LTC or are looking to apply for one and have concerns about the process, please contact the Law Office of Matthew W. Peterson. We’d be glad to help guide you through the application process, explain how these new standards apply to your specific situation, and advocate for your Second Amendment rights within Massachusetts’ legal framework.