How the Donnell Decision Could Overturn Gun Possession Convictions in Massachusetts

Massachusetts SJC Strikes Down “May Issue” Firearms Law for Out-of-State Residents: What It Means for Defendants

In the wake of a major decision issued this month, the Massachusetts Supreme Judicial Court has struck down the Commonwealth’s former “may issue” gun licensing scheme for out-of-state residents. In Commonwealth v. Donnell, 495 Mass. 471 (2025), the Court ruled that the discretionary license process violated the Second Amendment. For anyone charged under M.G.L. c. 269 §§ 10(a) or 10(h), this ruling may open the door to significant relief—even vacating a conviction entirely.

What Was the Issue?

Massachusetts previously required out-of-state residents to obtain a temporary license to carry a firearm through a process that gave wide discretion to the licensing authority. Under the now-invalidated law, the colonel of the State Police could deny applications “based on such terms and conditions as [they] may deem proper.” The SJC found this discretionary scheme unconstitutional under the U.S. Supreme Court’s 2022 decision in New York State Rifle & Pistol Ass’n v. Bruen, which requires gun regulations to be consistent with the nation’s historical traditions.

Who Is Affected?

If you’re an out-of-state resident who was charged under §10(a) or §10(h) after Bruen (June 23, 2022) but before the legislature changed the law (August 10, 2022), you are in the same position as Mr. Donnell and are entitled to dismissal of those charges.

Even if you were charged before Bruen, you might still be eligible for relief—as long as your conviction wasn’t final when Bruen came down. This primarily applies to defendants convicted after trial who had an appeal pending as of June 2022.

What About Massachusetts Residents?

The Donnell decision only addressed out-of-state residents, but its reasoning could soon extend to in-state residents who were subject to similar discretionary licensing schemes. The SJC is currently reviewing that issue in Commonwealth v. Rodriguez, with a decision expected later this year. Depending on that outcome, in-state defendants convicted under §10(a) between 2015 and 2022 may also have grounds for relief.

What Should You Do?

If you’re serving a sentence for unlawful firearm possession as an out-of-state resident—or were convicted but haven’t exhausted your appeals—now is the time to act. The Donnell decision could be the key to dismissing your case or overturning your conviction.

If you think your case might be affected, I’m happy to review your record and help determine whether a motion to vacate or dismiss is appropriate.