Boston Criminal Defense Lawyer Blog
You may not realize that moving through Massachusetts as a nonresident can trigger state licensing rules even if you lawfully carry at home. In Commonwealth v. Donnell, decided March 11, 2025, the Supreme Judicial Court struck down the Commonwealth’s prior, pre-2022 nonresident licensing scheme under G. L. c. 140, § 131F because it vested unfettered “may-issue” discretion in the State Police colonel, which failed the Supreme Court’s Bruen text-and-history test under the Second Amendment. The SJC affirmed dismissal of the § 10(a) charge that depended on that unconstitutional scheme.
The Facts of the Case
In the early morning of November 8, 2021, two Massachusetts State Police troopers responded to a single-vehicle crash on I-495 northbound near the Lowell Connector. They found the driver, Dean F. Donnell, Jr., a New Hampshire resident, sitting near his Ford Explorer and noted signs of intoxication. After field sobriety testing, troopers arrested him for operating under the influence. During a subsequent vehicle search, they discovered a handgun and ammunition. Donnell did not hold a Massachusetts nonresident license to carry.
The Commonwealth initially brought multiple counts, including unlawful possession under G.L. c. 269, § 10(a). By July 25, 2022, the Commonwealth filed the complaint underlying this appeal focused on § 10(a). Donnell moved to dismiss in August 2022, arguing that Massachusetts’s then-existing nonresident licensing scheme in G.L. c. 140, § 131F—built on discretionary “may-issue” authority—violated the Second Amendment under Bruen. After additional briefing and a nonevidentiary hearing in March 2023, the District Court allowed the motion on August 3, 2023, dismissing the § 10(a) count tied to the nonresident licensing regime. Other firearm counts were dismissed at earlier stages, and Donnell was later convicted of OUI in a separate jury trial.
The Commonwealth sought and obtained direct appellate review. On March 11, 2025, the Supreme Judicial Court affirmed dismissal, holding that the prior, discretionary version of § 131F was unconstitutional and not severable from the licensing scheme in effect at the time of Donnell’s arrest.
What the Rule Is Today for Nonresident Firearm Owners in Massachusets?
Today’s answer is different from the pre-2022 landscape. In a companion decision issued the same day, the SJC upheld Massachusetts’s updated, post-Bruen, objective “shall-issue” nonresident licensing framework. In practical terms, nonresidents who bring a firearm into Massachusetts are still required to comply with the current licensing rules. Donnell does not eliminate that requirement; it invalidates the prior discretionary system that existed before the 2022 overhaul.
Who Can Rely on Donnell Now
Donnell is most important in cases arising during the period when the unconstitutional, pre-August 10, 2022 version of § 131F controlled. Where a § 10(a) or related licensing count rests on that old “may-issue” scheme, Donnell supports dismissal. Other firearm counts remain independent and must be evaluated on their own terms, including allegations involving large-capacity feeding devices, storage requirements, ammunition, or carrying while intoxicated.
What This Means for You
If you are a nonresident charged solely for lacking a Massachusetts license under the old “may-issue” scheme, Donnell may support dismissal of that charge. If your case stems from conduct governed by the current “shall-issue” framework, you should not assume Donnell automatically shields you. Courts are applying the companion decision to uphold the present nonresident licensing rules, so your defense will turn on the objective criteria and the specific elements alleged in your case.
Contact a Boston Criminal Defense Lawyer Who Understands the Latest MA Firearm Decisions
Call the Law Office of Patrick J. Murphy at (617) 367-0450 today for a free consultation. We will date-check your charges against the controlling version of § 131F, analyze whether Donnell applies, and build the strongest defense available under current Massachusetts law.