Analysis: Impact of Bruen on Massachusetts Firearms Licensing

The Supreme Court's 2022 decision in NYSRPA v. Bruen^[1] struck down New York's "proper cause" requirement for concealed carry permits and held that firearms regulations are evaluated under the text, history, and tradition test, rather than the two-step approach used by the courts of appeals. This analysis examines the practical impact on Massachusetts licensing and the legislature's response.

Massachusetts Before Bruen

After the 2014 reforms, Massachusetts did not operate under a "shall-issue" framework for the license to carry. Section 131(d), as amended by Chapter 284 of the Acts of 2014, provided that the licensing authority "may issue" a license if the applicant was not a prohibited person and had "good reason to fear injury to the applicant or the applicant’s property or for any other reason," and licensing authorities also kept discretion through the "suitability" determination.

Legislative Response: Chapter 135

The Massachusetts legislature passed Chapter 135 of the Acts of 2024^[2]. The act kept the suitability standard, added new prohibited areas for carrying, and expanded the categories of restricted firearms.

Post-Bruen Changes in Practice

Following Bruen, several Massachusetts licensing authorities have reduced the frequency with which they impose restrictions on LTCs. While the suitability standard has not been formally struck down, many departments have become more cautious about exercising broad discretion in light of the constitutional framework articulated by the Supreme Court. The new Firearm Licensing Review Board under Section 130B^[3] provides a narrow petition path, after five years, for applicants whose only disqualifier is a Massachusetts conviction punishable by two and one-half years or less, while other denials go to the district court under Section 121F.

Ongoing Litigation

Several cases are pending in Massachusetts state and federal courts challenging various aspects of the firearms regulatory framework under the Bruen standard:

• Capen v. Campbell, No. 24-1061 (1st Cir. Apr. 17, 2025) The First Circuit affirmed the denial of a preliminary injunction against the assault weapons ban on April 17, 2025. The case returned to the district court, which on July 9, 2026 granted a joint motion to stay the proceedings and canceled the status conference set for July 10, 2026. No petition for certiorari has been filed.
• Granata v. Campbell: Challenges the constitutionality of the EOPSS Approved Firearms Roster.
• Hanlon v. Campbell (D. Mass., filed August 21, 2025): NRA-backed lawsuit challenging the constitutionality of the assault-style firearms ban under the Second Amendment and raising a Fifth Amendment vagueness challenge. Massachusetts has asserted sovereign immunity.
• Escher v. Noble (D. Mass., filed February 2025): Coalition lawsuit by SAF, NRA, GOAL, Commonwealth Second Amendment, FPC, and GOA challenging the age 21 minimum for a License to Carry, which 18 to 20 year olds need for handguns and semiautomatic long guns. On August 21, 2026 the court held the age requirement constitutional as applied and entered judgment for the state officials^[10]. The plaintiffs moved to alter or amend the judgment on September 21, 2026^[11].
• Donnell/Marquis (Non-Resident Licensing): RESOLVED. The SJC decided both cases on March 11, 2025. In Donnell, it held that the non-resident licensing scheme violated the Second Amendment under Bruen as applied and affirmed dismissal of the charge. In Marquis (SJC-13562), it held that the defendant lacked standing to bring an as-applied challenge to the Commonwealth’s non-resident licensing scheme. SCOTUS denied certiorari in Marquis on January 12, 2026 (Docket No. 25-5280).

Practical Advice for Applicants

• Apply for an unrestricted LTC and document any denial or restriction
• A denial, suspension, or revocation may be challenged by a district-court petition under Section 121F(v), generally within 90 days. The Firearm Licensing Review Board is a separate path limited to eligible Massachusetts conviction disqualifiers under Section 130B.
• Keep records of all communications with the licensing authority
• Consult with a firearms attorney if your application is denied or unreasonably restricted