The Second Amendment is a controversial topic in many circles, but it may become a crucial defense for those facing gun charges in Massachusetts. Two recent cases provide some optimism for gun owners in Boston, and they both revolve around the “may issue” wording in Massachusetts gun laws. What does this mean for you as a gun owner in Boston? What if you are facing gun charges in Boston as a nonresident? Can a defense attorney help you utilize the same strategies that proved successful in these cases?
Massachusetts Issues Two Important Decisions on Gun Rights
Two recent decisions by the highest court in Massachusetts provide more clarity about gun rights, especially when it comes to nonresident firearm owners. Perhaps most notably, these decisions confirm that aspects of the Commonwealth’s previous gun laws were unconstitutional. This may not surprise legal observers, especially after a major victory by Second Amendment advocates in 2022. However, the two decisions are still insightful for various reasons:
Both decisions focused on the “may issue” wording of the state’s licensing laws. The previous 2022 Supreme Court case clearly established that gun laws with this type of wording are “presumptively invalid.” This decision forced the Commonwealth to change its gun laws, replacing the words “may issue” with “shall issue.” Although this might seem like a minor adjustment, it is already having major effects on the outcomes of gun cases.
In Commonwealth v. Dean F Donnell, Jr., the defendant faced charges of unlawful possession after police responded to his car crash in 2021. Although he was arrested for DUI, the defendant faced more serious penalties when police searched his duffel bag and found a handgun with ammo. He had no Massachusetts nonresident firearm license.
Citing the 2022 Bruen decision, the defendant argued that his Second Amendment rights had been violated. He was successful, although the court emphasized that the right to bear arms under the Second Amendment is “not absolute.”
Commonwealth v. Philip J. Marquis involved an almost identical situation. The defendant crashed his vehicle on the way to work. When first responders arrived at the scene, the defendant willingly revealed his handgun to a responding officer and demonstrated that it was unloaded. He then disclosed that he did not have a valid gun license in Massachusetts, and the officer confiscated the firearm.
After being charged with unlawful possession, the defendant cited the Bruen case. Initially, this strategy seemed successful – but the Supreme Judicial Court reversed the dismissal. The court justified this decision by pointing out that the defendant had never even attempted to obtain a gun license. If he had been denied a gun license by Massachusetts authorities, he may have been successful in dismissing his gun charges.
Can a Defense Attorney in Boston Help With Gun Charges?
If you are facing gun charges in Boston, you should speak with an experienced defense attorney as soon as possible. Ideally, you should work with a lawyer who has direct experience with firearm possession charges and similar cases. Although these two recent decisions are encouraging for gun owners, firearm charges still threaten life-changing legal consequences in Boston. Speak with Edward R. Molari to develop an effective defense strategy.