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.

What Is an Application for Further Appellate Review (FAR) in Massachusetts?

After the Massachusetts Appeals Court decides a case, the losing party can ask the Supreme Judicial Court to review it through a process called Further Appellate Review, or FAR. This request gives the state’s highest court the opportunity to address important legal issues or clarify conflicting decisions.

An FAR application must be filed within twenty days after the Appeals Court’s decision. It explains why the case deserves review and what broader legal questions are involved. The SJC grants review only in a small percentage of cases, focusing on those that present significant or unsettled questions of law. The application itself is a written document, and the other side may file an opposition.

If the SJC grants the application, the case is fully briefed again and may be scheduled for oral argument. The court can affirm, reverse, or modify the Appeals Court’s ruling. Its decision becomes binding precedent for all lower courts in Massachusetts. If the SJC denies review, the Appeals Court decision becomes final.

Applying for Further Appellate Review is often the last step in the appellate process. Even when the SJC declines to take a case, filing the application preserves every possible avenue of review. For cases that raise important legal issues or constitutional questions, an FAR can be the key to achieving a fair outcome.

The FAR process is highly selective, but it serves an important role in ensuring that Massachusetts law remains clear, consistent, and just.

Can You Appeal a Guilty Plea in Massachusetts?

Many defendants think that pleading guilty ends their case for good, but in some situations a guilty plea can be appealed or withdrawn. Massachusetts law requires that a plea be entered knowingly, voluntarily, and intelligently. If a plea does not meet those standards, it can be challenged.

Before accepting a plea, a judge must make sure you understand the charges, the possible penalties, and the rights you are giving up. The court must also ensure that there is a factual basis for the plea. If you were pressured to plead guilty, misinformed about the consequences, or given incorrect advice by your lawyer, the plea may not be valid.

A defendant who wishes to challenge a guilty plea can file a motion to withdraw the plea under Rule 30(b). This motion argues that the plea was not entered properly or that ineffective assistance of counsel made it unfair. If the motion is denied, you can appeal that ruling to the Massachusetts Appeals Court. Successful motions are rare but not impossible, especially when supported by clear evidence of an error or misunderstanding.

In immigration cases, guilty pleas can have serious consequences that defendants often do not realize. Massachusetts courts take these concerns seriously, and judges are required to give specific warnings about possible deportation effects. Failure to do so can be a basis to withdraw the plea.

A guilty plea should always be a fully informed decision. If you believe your plea was entered under pressure or without understanding what you were agreeing to, you still have legal options to seek review.

How Does the Criminal Appeals Process Work in Massachusetts?

The criminal appeals process in Massachusetts allows defendants to challenge legal errors that may have occurred during trial or sentencing. An appeal is not a new trial. It is a review of what happened in the lower court to determine whether the law was applied correctly and fairly.

The process begins when you file a notice of appeal within thirty days of the judgment or sentence. After that, the trial transcripts and other parts of the record are prepared and sent to the Appeals Court. Once the record is complete, both sides file written briefs explaining their arguments. The defendant’s brief points out the specific errors that may have affected the verdict, and the prosecutor’s brief argues why the conviction should stand.

In some cases, the Appeals Court will schedule oral argument. This gives each side a chance to discuss the case before a panel of judges and answer questions about their legal positions. The judges then issue a written decision that either upholds the conviction, reverses it, or sends the case back for additional proceedings in the trial court.

If you lose in the Appeals Court, you can file an Application for Further Appellate Review asking the Supreme Judicial Court to take your case. The SJC selects only a small number of cases each year, focusing on those that raise new or important legal questions. Even if review is denied, the appellate process ensures that serious errors are corrected and that defendants receive a fair trial under the law.

Appeals are time-sensitive and highly technical, but they play a critical role in protecting constitutional rights. If you believe your case was decided unfairly, an experienced appellate attorney can review the record and help determine whether there are strong issues for appeal.

What Happens After a Criminal Conviction in Massachusetts?

A conviction in Massachusetts doesn’t necessarily mean your case is over. It simply moves into a different stage. After a guilty finding, the court imposes a sentence, which can include jail time, probation, fines, community service, or other conditions. What happens next depends on the charge, your criminal history, and whether you want to challenge the result.

Even after sentencing, you still have important rights. One of those is the right to appeal. An appeal is not a new trial, but a review of what happened in the lower court. You can argue that errors in the trial, the jury instructions, or the admission of evidence affected the outcome. If an appellate court agrees, it can reverse the conviction or send the case back for further proceedings. In some cases, you can also ask the court to postpone your sentence while the appeal is pending.

You may also be able to file a motion for a new trial. This is used when new evidence becomes available, or when you can show that your attorney’s performance fell below constitutional standards. For example, if your lawyer failed to call a key witness or didn’t file a motion that could have changed the result, you may have grounds to reopen the case. The same is true if you later discover evidence that the prosecution failed to disclose.

Other post-conviction options include motions to revise or revoke a sentence and record relief such as sealing or expungement. These remedies can lessen the impact of a conviction or even remove it from public view in certain cases. Although each process has strict requirements and deadlines, they provide meaningful opportunities for a second chance.

A conviction often feels final, but under Massachusetts law, it rarely is. Knowing what steps you can take after sentencing can make a real difference in the outcome of your case. Whether it’s an appeal, a motion for new trial, or a record-sealing petition, there are still paths forward for defendants who want to correct an injustice or move on with their lives.