Granata v. Campbell: DOJ 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 must pass specific safety tests (including a drop test, a firing test, and mandatory features like a load indicator) before it can be added to the roster. The 940 CMR 16.00 regulations implement these requirements. Plaintiffs in Granata argue that the roster effectively bans popular modern firearms (including many striker-fired pistols with tight safety tolerances) that are commonly available in neighboring states, violating the Second Amendment as interpreted by Bruen.

In August 2025, the district court granted summary judgment to the Commonwealth, holding that the roster falls within a historical tradition of firearm safety regulation and that Massachusetts had made an adequate historical showing. Plaintiffs appealed to the First Circuit.

DOJ Amicus Brief (January 28, 2026)

On January 28, 2026, the U.S. Department of Justice Civil Rights Division filed an amicus brief at the First Circuit supporting the plaintiffs and urging reversal. The brief represents a reversal of the prior administration's position, which had declined to intervene on either side. The DOJ brief argues that the roster's practical effect is to prohibit the sale of firearms that are in common use for lawful purposes, and that the historical tradition identified by the district court does not justify the modern roster's breadth.

Oral Argument and Status

Oral argument was reportedly held at the First Circuit on April 4, 2026. FPC filed its reply brief on April 16, 2026, completing the briefing record. The case is now fully briefed. A decision is expected in the coming months. Granata is being watched alongside Beckwith v. Frey and Hanlon v. Campbell as part of a cluster of First Circuit firearms cases that will shape how Bruen's text-and-history framework applies to Massachusetts' Chapter 135 framework and pre-Chapter 135 regulatory regime.

Practical Impact

If the First Circuit affirms the district court, the roster and 940 CMR 16.00 remain in full force, and no new handgun models can be sold in Massachusetts without passing EOPSS testing. If the First Circuit reverses, some or all of the roster requirements may be invalidated, and the regulatory framework governing handgun sales in the Commonwealth will need to be rewritten. Owners and prospective buyers should not alter compliance behavior based on the pending appeal; the roster remains the law of the Commonwealth until the First Circuit rules otherwise.