Commonwealth v. McGowan
464 Mass. 232
| Mass. | 2013Background
- Massachusetts G.L. c. 140, § 131L(a) prohibits storing a firearm unless it is secured in a locked container or rendered inoperable, with an exception when carried or under immediate owner control.
- Defendant owned a loaded, unlocked handgun kept in a bedroom drawer despite holding a valid license to carry in Massachusetts.
- On Oct. 19, 2008, officers responded to a domestic disturbance; the roommate took the loaded gun, discarded it, and locked the defendant out of the home.
- The defendant was charged under § 131L(a); the motion to dismiss raised constitutional questions; the matter was appealed to the Appeals Court with two reported questions about Heller/McDonald.
- Prior to McDonald, the Massachusetts Supreme Judicial Court (Runyan) upheld § 131L(a); after McDonald, the court re-examined whether the statute is within the Second Amendment’s scope.
- The court ultimately held § 131L(a) falls outside the Second Amendment and is constitutional under rational-basis review, remanding for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is §131L(a) unconstitutional as applied post-Heller and McDonald? | Commonwealth contends §131L(a) aligns with permissible regulations. | Runyan suggested §131L(a) could be consistent; after McDonald, this framing must be reconsidered. | No; §131L(a) falls outside the Second Amendment scope. |
| Does §131L(a) infringe the right to bear arms in the home and require heightened scrutiny? | Commonwealth argues the statute preserves self-defense rights. | Defendant argues it would burden the home self-defense right. | §131L(a) is outside the Second Amendment; heightened scrutiny not triggered. |
| Is §131L(a) constitutional under rational-basis review? | Commonwealth claims rational basis supports public safety. | Defense likely relies on broader protections but acknowledges post-S.Ct. law. | Yes; §131L(a) survives rational-basis scrutiny. |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (U.S. 2008) (recognizes an individual right to possess firearms for self-defense in the home but not unlimited)
- McDonald v. City of Chicago, 130 S. Ct. 3020 (U.S. 2010) (incorporates Second Amendment against the states)
- Commonwealth v. Runyan, 456 Mass. 230 (Mass. 2010) (addressed §131L(a) before incorporation)
- Commonwealth v. Reyes, post 245 (Mass. 2012) (discusses storage and access implications of §131L(a))
- United States v. Booker, 644 F.3d 12 (1st Cir. 2011) (longstanding regulations may be presumptively lawful)
- United States v. Rene E., 583 F.3d 8 (1st Cir. 2009) (upholds restrictions on firearm access for certain classes)
- Heller v. District of Columbia, 670 F.3d 1244 (D.C. Cir. 2011) (discusses limits and presumptively lawful regulations)