Commonwealth v. Dean F. Donnell, Jr., SJC-13561

Dean F. Donnell, Jr., a New Hampshire resident, was arrested in Massachusetts in November 2021 for operating under the influence and found in possession of a handgun and ammunition without a Massachusetts nonresident firearm license.
He was charged with unlawful possession of a firearm under G.L. c. 269, § 10(a), based on a licensing scheme that allowed discretionary denials of nonresident licenses (a "may issue" system).
Donnell moved to dismiss, asserting the scheme violated his Second Amendment rights per the then-recent U.S. Supreme Court decision in New York State Rifle & Pistol Ass'n v. Bruen.
The trial judge granted the motion to dismiss, ruling the scheme was unconstitutional as applied to Donnell; the Commonwealth appealed directly.
The Supreme Judicial Court reviewed the constitutionality of Massachusetts’ pre-amendment nonresident licensing scheme in light of Bruen and upheld the trial court's dismissal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Constitutionality of "may issue" licensing scheme under Second Amendment	The Commonwealth can impose licensing requirements on nonresidents; Bruen does not bar such discretion.	Donnell argues the scheme's discretionary denial of licenses violates the Second Amendment after Bruen.	The "may issue" scheme is unconstitutional under Bruen; dismissal affirmed.
Severability of offending statutory language	Commonwealth argues the unconstitutional parts can be severed to save the remainder of the law.	Donnell contends the discretionary aspects are too integral to be severed from the scheme.	The scheme cannot be severed; the discretion is too intertwined with the statutory text.
Historical tradition of firearm regulation as justification	Commonwealth relies on analogous historic restrictions and traditions.	Donnell argues historic laws did not justify the broad discretion in the modern scheme.	Court finds historical laws do not support the Commonwealth's broad discretionary scheme.
Applicability to Nonresidents’ Right to Bear Arms	Commonwealth holds nonresidents can be restricted more than residents.	Donnell asserts the Second Amendment applies equally to nonresidents; scheme infringes his rights.	The right to carry extends to nonresidents; scheme’s discretion is unconstitutional under Bruen.

District of Columbia v. Heller, 554 U.S. 570 (2008) (individual right to possess firearms for self-defense in the home)
McDonald v. Chicago, 561 U.S. 742 (2010) (Second Amendment applies to the states)
New York State Rifle & Pistol Ass'n v. Bruen, 597 U.S. 1 (2022) (discretionary "may issue" firearm licensing violates the Second Amendment)