Explore The NRA Universe Of Websites

APPEARS IN News

Mixed Results in Massachusetts Show the Promise of and Need for Vigilant Advocacy

Monday, January 19, 2026

Mixed Results in Massachusetts Show the Promise of and Need for Vigilant Advocacy

The fundamental right to travel has garnered increased attention over the past decade with the United States Supreme Court expanding and confirming that United States citizens have a protected right to travel from state to state without legal hinderances or significant restrictions. However, your right to defend yourself as you travel still stops at the Massachusetts border, and within those same borders remain numerous restrictions at odds with the Second Amendment.

The Commonwealth of Massachusetts is serving as a critical legal focal point for constitutional rights as the fight for both true shall issue firearm licensing and right to carry reciprocity continues for gun owners.

Recently, two legal cases have made their way to both the spotlight and higher courts: Marquis v. Massachusetts and Guinane v. Chief of Police of Manchester-by-the-Sea.

Unfortunately, last week, the United States Supreme Court denied review in the Marquis case, which allowed to stand a decision by the Massachusetts Supreme Judicial Court that empowers the colonel of police to employ a “suitability” standard to determine who can carry a firearm.

Marquis is a resident of New Hampshire with the legal ability to possess and carry a firearm. During travel to neighboring Massachusetts, he was involved in a motor vehicle accident. Following the accident when police arrived, Mr. Marquis notified law enforcement that he possessed an unloaded firearm. He was subsequently prosecuted under Massachusetts law for being in possession of a firearm without a license. Marquis challenged this restrictive and arbitrary non-resident firearm licensing regime, arguing it violates both the Second Amendment and the constitutional right to travel.

Current Massachusetts law includes the use of a “suitability” standard for applicants, and it is difficult to understand why the U.S. Supreme Court was uninterested in scrutinizing it in light of the New York State Rifle & Pistol Association, Inc. v. Bruen decision from 2022. In that case, the Court held both that the Second Amendment protects a right to bear handguns in public for self-defense and that this right is violated when it is subject to “may-issue” licensing. The Court, however, did not rule out the permissibility of shall-issue licensing schemes “designed to ensure only that those bearing arms in the jurisdiction are, in fact, law-abiding, responsible citizens” via the imposition of “only narrow, objective, and definite standards” for licensure (internal quotation marks removed).

While amendments were made to the Massachusetts statute following the Bruen decision, including changing the word “may” to “shall” in describing the authority to issue a license, it still contains discretionary terms in describing who is eligible to be licensed. A license shall issue “if it appears that the applicant is not a prohibited person and is not determined unsuitable to be issued a license” (emphasis added). Ultimately, the “suitability” standard for both resident and non-resident applicants allows the issuing authority to decide what the standards for licensure are on a case-by-case basis. This is not consistent with the U.S. Supreme Court’s requirement for “only narrow, objective, and definite standards” in the licensing of an essential component of Second Amendment activity.

A second case coming from a three judge Massachusetts Appeals Court did give a well-needed shot of common sense in the Commonwealth regarding the “suitability” standard. In a strange determination of “unsuitability,” Barabara Guinane, a Massachusetts citizen, was initially denied a license to carry a firearm based solely on factors pertaining to her husband.

Thankfully, and appropriately, the Appeals Court panel unanimously ruled that a wife cannot be denied a license to carry because of past behavior of her husband whose license to carry a firearm had been previously suspended. The Court held that “…there was no reliable information about behavior by the applicant suggesting that, if issued a license, she [Guinane] would create a risk to public safety or a risk of danger to herself or others. That is the focus of the standard.” Bottom line: denial of a license to carry application should not be based on mere speculation, imaginary transferring of risk, or an “unsuitable” husband.

The Massachusetts decision for Mrs. Guinane is a welcome one. But the missed opportunity for what could have been a landmark decision from the U.S. Supreme Court on state-based reciprocity, as well as a strong reiteration of Bruen on subjective licensing schemes to bear arms, underscores the need for ongoing advocacy on both points.

The issues of firearm licensing and right to carry reciprocity remain active points of contention, and NRA-ILA will continue its work at the federal and state levels to eliminate burdensome and ahistorical requirements on your constitutional rights.

TRENDING NOW
Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

Wednesday, August 5, 2026

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

In another major victory for the National Rifle Association and law-abiding gun owners, the U.S. District Court for the Northern District of Texas today held that the National Firearms Act’s registration and approval requirements for ...

M14s Added to CMP Roster

News  

Monday, August 3, 2026

M14s Added to CMP Roster

Since 1903, the Civilian Marksmanship Program (CMP) has served a critical role in promoting America’s continued excellence in marksmanship and firearms safety by providing firearms education, training, and competitions nationwide

Oregon’s Anti-Hunting Initiative Fails to Meet Signature Threshold

News  

Monday, August 3, 2026

Oregon’s Anti-Hunting Initiative Fails to Meet Signature Threshold

Recently, we alerted our members about an extreme ballot initiative in Oregon, which had the potential to put an end to not just hunting, fishing, and trapping, but traditional ranching and farming practices as well.

NRA Submits Comments on Several ATF Rulemakings; the Deadline for Your Input is Aug. 4!

News  

Monday, August 3, 2026

NRA Submits Comments on Several ATF Rulemakings; the Deadline for Your Input is Aug. 4!

This week, NRA submitted comments on several important ATF rulemakings.

Supplemental Brief Filed in NRA-Supported Duncan v. Bonta Highlights Circuit Split Created by NRA’s Victory in ANJRPC v. Attorney General of New Jersey

Friday, August 7, 2026

Supplemental Brief Filed in NRA-Supported Duncan v. Bonta Highlights Circuit Split Created by NRA’s Victory in ANJRPC v. Attorney General of New Jersey

The Petitioners in Duncan v. Bonta, an NRA-supported challenge to California’s ban on magazines capable of holding more than ten rounds, have filed a Supplemental Brief urging the U.S. Supreme Court to grant review and ...

Punishing Imagination and Childish Impulses Won’t Keep Schools Safe

News  

Monday, August 3, 2026

Punishing Imagination and Childish Impulses Won’t Keep Schools Safe

As the calendar turns to August, many parents are starting the annual check of school supply lists, bus routes, and lunch packing routines.  

New Jersey: Third Circuit Grants Stay in AWB/Mag Ban Case

Tuesday, August 4, 2026

New Jersey: Third Circuit Grants Stay in AWB/Mag Ban Case

Today, the Court of Appeals for the Third Circuit granted the state's request for a stay pending its appeal to the US Supreme Court.

Court Stays NRA Challenge to Virginia’s “Assault Firearm” and Magazine Bans, Keeping Statewide Injunction in Place Until Supreme Court Rules on “Assault Weapon” Bans

Wednesday, July 29, 2026

Court Stays NRA Challenge to Virginia’s “Assault Firearm” and Magazine Bans, Keeping Statewide Injunction in Place Until Supreme Court Rules on “Assault Weapon” Bans

In the NRA’s challenge to Virginia’s “assault firearm” and magazine bans, Santolla v. Katz, the court today entered an order memorializing the parties’ agreement to stay the case until after the U.S. Supreme Court issues ...

DOJ Withdraws Appeal in Challenge to Post Office Firearms Ban

News  

Monday, July 27, 2026

DOJ Withdraws Appeal in Challenge to Post Office Firearms Ban

Another significant victory has emerged in the ongoing effort to roll back unconstitutional restrictions on the right to bear arms in places that millions of law-abiding Americans visit every day in every state in towns ...

En Banc Third Circuit Strikes Down New Jersey’s “Assault Firearm” and “Large Capacity Magazine” Bans in NRA Case

Friday, July 17, 2026

En Banc Third Circuit Strikes Down New Jersey’s “Assault Firearm” and “Large Capacity Magazine” Bans in NRA Case

In a landmark victory for the Second Amendment and the National Rifle Association, the U.S. Court of Appeals for the Third Circuit today held that New Jersey’s bans on commonly owned semiautomatic rifles and magazines ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.