GOAL Files Amicus Brief to Non-Resident Carry Case (Donnell)

Read GOAL's Amicus Brief

District Court Decision

Donnell Case - Non-resident Licensing

Lowell District Court

The case was heard before the Massachusetts Supreme Judicial Court on Monday, September 9, 2024.

District Court Decision

• The local district court ruled against the State in charging a non-resident in possession of a firearm without a license. 
• The Commonwealth has appealed and the Massachusetts Supreme Judicial Court (SJC) has called for the case, thus by-passing the state appellate court.
• GOAL has engaged a law firm to provide the SJC with an Amicus Brief. 

Amicus Briefs filed:

• Gun Owners Action League Brief
• NRA/SAF Brief
• New Hampshire Department of Justice
• Cato Institute
• Massachusetts Association of Criminal Defense Attorneys

District Court Decision: https://www.docdroid.net/524o4XV/opinion-coffey-comm-v-donnell-pdf

SJC: https://www.mass.gov/doc/commonwealth-v-dean-f-donnell-jr-dar-29602/download

SJC Docket: https://www.ma-appellatecourts.org/docket/SJC-13561

Gun Owners Action League (GOAL) has engaged Attorney James Porter, of Bradley Arant Boult Cummings, to file an Amicus Brief in Donnell (Non-resident carry case).

Dean F. Donnell, a New Hampshire citizen, was charged with possession of a firearm without a non-resident License to Carry Firearms (A “May Issue” license). Donnell received a favorable ruling from the Court that cited Bruen.

After Donnell’s victory, the Massachusetts Supreme Judicial Court (SJC), bypassing the State’s Appellate Court, brought the case directly to them. This is an all too familiar move by the SJC when local district courts make rulings to protect the Second Amendment.

According to the SJC filing from the Middlesex District Attorney, the questions before the Court are:

1.       Is the Massachusetts non-resident firearm licensing regulatory scheme facially constitutional under the Second Amendment?

2.       Are the constitutional rights to travel and equal protection violated by laws requiring that out-of state residents follow Massachusetts firearm licensing laws when they carry firearms in Massachusetts irrespective of whether doing so would have been an offense within their home state?

According to the Court filing, there are six other such cases being held at the appellate level until the SJC makes a ruling.

GOAL will continue to support actions against the Commonwealth as the State officials continue to deny the findings of Bruen and other U.S. Supreme Court rulings.