Granata v. Campbell: U.S. Amicus Brief and First Circuit Appeal on MA Handgun Roster

Granata v. Campbell is a pending First Circuit appeal challenging the Massachusetts Approved Firearms Roster and the 940 CMR 16.00 regulations that govern which handguns may be sold in the Commonwealth. The case moved to the First Circuit after the District of Massachusetts granted summary judgment to the Commonwealth on August 29, 2025, upholding the roster regime.

Background

The Approved Firearms Roster, administered by the Executive Office of Public Safety and Security (EOPSS), lists handgun models that Massachusetts dealers may sell to civilians. A handgun can be added to the roster only after an approved independent testing laboratory certifies that the make and model has completed the testing requirements of section 123 of chapter 140, which include a drop test, or after the Secretary finds it the functional equivalent of a tested model. The roster is maintained under 501 CMR 7.00. The Attorney General's handgun sales regulations, 940 CMR 16.00, add further requirements, such as a load indicator or magazine safety disconnect on handguns that load from a magazine, and these are not tested for the roster. Plaintiffs in Granata argue that the roster and the Attorney General's handgun sales regulations ban the commercial sale of handguns in common use for lawful purposes around the country, such as a fifth-generation Glock 19, violating the Second Amendment as interpreted by Bruen.

In August 2025, the district court granted summary judgment to the Commonwealth. It held that buying handguns that do not comply with the Massachusetts handgun regulatory scheme from licensed dealers is not covered by the plain text of the Second Amendment, and that even if it were, the scheme is consistent with the Nation's historical tradition of firearm regulation. Plaintiffs appealed to the First Circuit.

United States Amicus Brief (January 28, 2026)

On January 28, 2026, the United States filed an amicus brief at the First Circuit, through the Department of Justice Civil Rights Division, supporting the plaintiffs and urging reversal. The brief argues that the Massachusetts scheme bans the sale of handguns in common use for lawful purposes, and that the district court erred in holding that buying those handguns from licensed dealers is not covered by the plain text of the Second Amendment.

Oral Argument and Status

The First Circuit heard oral argument in Granata, appeal No. 25-1918, on September 9, 2026.^[4] Its public opinions index did not list a decision in this appeal when checked on October 20, 2026.^[5] Two related firearms cases are Beckwith v. Frey, in which the First Circuit vacated a preliminary injunction against Maine's 72-hour waiting period on April 3, 2026 and the Supreme Court denied review on October 19, 2026, and Hanlon v. Campbell, a challenge to Massachusetts law filed in the U.S. District Court for the District of Massachusetts on August 21, 2025 and consolidated into Capen v. Campbell on October 17, 2025.

Practical Impact

If the First Circuit affirms the district court, the roster and 940 CMR 16.00 remain in force, and a licensed dealer may not sell a firearm that is not on the roster, except in limited cases such as a firearm lawfully owned or possessed under a license before October 21, 1998. Owners and prospective buyers should not alter compliance behavior based on the pending appeal. The district court allowed the defendants' motion for summary judgment, and the roster remains in effect while the appeal is pending.