Commonwealth v. Thomson: Under-21 LTC Requirement Challenged at SJC

The Massachusetts Supreme Judicial Court heard oral arguments on March 1-2, 2026, in Commonwealth v. Thomson, a case challenging the constitutionality of the age-21 requirement for a License to Carry (LTC) under the Second Amendment.^[1]

Background

Mikai Thomson was 20 years old when he was arrested in December 2021 and charged with carrying a firearm without a license. Under Massachusetts law, MGL Chapter 140, Section 131^[2] requires LTC applicants to be at least 21 years of age. Because Thomson was under 21, he was ineligible for an LTC and therefore could not legally carry a firearm.

Thomson argues that 18-to-20-year-olds are protected by the Second Amendment and that the age-21 restriction lacks historical support under the framework established by the U.S. Supreme Court in NYSRPA v. Bruen (2022).^[3]

The Constitutional Argument

Under Bruen, firearms regulations must be consistent with the nation's historical tradition of firearms regulation. Thomson's defense contends that there is no historical precedent from the founding era for prohibiting 18-to-20-year-olds from bearing arms. At the time of the Second Amendment's ratification, 18-year-olds were considered part of the militia and were expected to bear arms. The defense argues that the age-21 LTC restriction is a modern invention without historical analogue.

The Commonwealth contends that the state has a compelling interest in public safety and that historical regulations restricting access to arms for younger individuals provide sufficient precedent to justify the age requirement.^[4]

Oral Arguments

The SJC heard oral arguments over two days, March 1 and March 2, 2026. The justices questioned both sides on the historical record, the scope of Bruen's historical tradition test, and the practical implications of striking down the age-21 requirement. The case has been taken under advisement. A ruling is expected within weeks to months following oral argument.

Related Litigation

Thomson is not the only challenge to age-based firearms restrictions in Massachusetts. In the federal courts, Escher v. Noble (D. Mass., filed February 2025) is a coalition lawsuit by SAF, NRA, GOAL, Commonwealth Second Amendment, Firearms Policy Coalition, and Gun Owners of America challenging the Chapter 135 prohibition on handgun and semiautomatic firearm possession by 18-to-20-year-olds. While Thomson challenges the longstanding age-21 LTC requirement under the state constitution and the Second Amendment, Escher specifically targets the newer Chapter 135 restrictions in federal court.

Potential Impact

If the SJC rules in Thomson's favor, the age-21 requirement for an LTC under Section 131 could be invalidated. Massachusetts would potentially be required to issue LTCs to qualified applicants between the ages of 18 and 20. Such a ruling would affect only the LTC age threshold; other eligibility requirements (background checks, safety training, suitability review) would remain in place.

If the SJC upholds the age-21 requirement, the decision would confirm that Massachusetts may continue restricting LTC eligibility to persons 21 and older, and would provide guidance on how the Bruen framework applies to age-based firearms restrictions under Massachusetts law.

The case is under advisement as of March 2026.