Commonwealth v. Loadholt
460 Mass. 723
| Mass. | 2011Background
- Proceedings follow Supreme Court certiorari remand to determine McDonald v. Chicago impact on indictments under G. L. c. 269, § 10 (h) (1).
- Defendant previously charged with possession of firearm and ammunition without an FID card; Loadholt background noted.
- Massachusetts cases held Second Amendment not applicable to the States, affecting prior proceedings.
- McDonald held Second Amendment applies to states; question is whether this requires dismissal of indictments.
- Court distinguishes facial challenges to licensing statutes from as-applied challenges and reiterates waiver/unauthorized challenges.
- Court reinstates Loadholt conclusion and declines to dismiss indictments solely due to McDonald.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does McDonald require dismissal of indictments under c. 269, § 10 (h) (1)? | Loadholt argument supports dismissal. | McDonald does not render licensing statute unconstitutional per se. | No dismissal required; licensing scheme remains presumptively lawful. |
| Can the defendant challenge § 10 (h) (1) facially without an FID denial or application? | Facial challenge permitted in licenses unconstitutional on face. | McDonald/Heller do not show facial invalidate license scheme. | facial challenge not merited; not dispositive for remand. |
| Is the licensing requirement consistent with Heller and McDonald’s limitations on Second Amendment rights? | Constitutional challenge arises from prior approval requirement. | Heller/McDonald permit regulation; not per se unconstitutional. | Regulation not unconstitutional on its face. |
| Should due process/facial challenge aspects of c. 278, § 7 be affected by McDonald or Heller? | Presumption/circumstances may violate due process. | No alteration to existing law post-Heller/McDonald. | No change; waivers/futility exceptions do not apply here. |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (U.S. 2008) (limited right to possess and regulate firearms; longstanding prohibitions and conditions allowed)
- McDonald v. City of Chicago, 130 S. Ct. 3020 (S. Ct. 2010) (incorporation of Second Amendment to states; licensing not per se unconstitutional)
- Commonwealth v. Loadholt, 456 Mass. 411 (Mass. 2010) (reinstates conclusions on § 10 (h) (1); retrial on indicted charges)
- Commonwealth v. Powell, 459 Mass. 572 (Mass. 2011) (second amendment challenge to licensing statute; discussed applicability)
- Commonwealth v. Gordon, 354 Mass. 722 (Mass. 1968) (facial challenges to statutes in licensing context; limitations on standing to challenge)