Q: I heard that the United States Supreme Court in recent years struck down various laws that prohibited individuals from carrying a firearm outside the home. In New Hampshire, I do not need to be licensed to carry a firearm. As a New Hampshire resident, can I bring my firearm to Massachusetts for a hunting trip or otherwise?
A: Massachusetts law requires both residents and nonresidents to obtain a license to carry a firearm outside of their home or business, and it is a criminal offense to carry a firearm in public without a license. In a decision earlier this year, the Massachusetts Supreme Judicial Court (“SJC”) held that law is constitutional and applies to New Hampshire residents.
The background is that in June 2022, the U.S. Supreme Court issued a landmark decision regarding the Second Amendment in a case called New York State Rifle & Pistol Association, Inc. v. Bruen. In Bruen, the U.S. Supreme Court held that a New York firearms licensing provision that required applicants to “demonstrate a special need for self-protection” violated the Second Amendment right to keep and bear arms. In the years since Bruen, there have cases around the country regarding the scope of that decision and what state laws survive constitutional scrutiny under the analytical framework required by Bruen.
Earlier this year in March 2025, the SJC had such a case, called Commonwealth v. Marquis, regarding the application of Bruen to Massachusetts law. In Marquis, the defendant was a New Hampshire resident who did not obtain a Massachusetts firearms license and was involved in a car accident in Massachusetts while driving to his place of employment. After being found in possession of an unlicensed firearm, the Commonwealth brought criminal charges against him. The defendant argued that the Massachusetts firearms licensing statute was unconstitutional in light of the U.S. Supreme Court’s Bruen decision, and the New Hampshire Attorney General also submitted a brief in support of the New Hampshire resident defendant. The SJC, however, held that the Massachusetts licensing scheme—which states that the Colonel of the Massachusetts State Police “shall” issue a license to carry to any nonresident “if it appears that the applicant is not a prohibited person and is not determined unsuitable to be issued a license”—is facially consistent with the Second Amendment and does not violate nonresidents’ right to travel or equal protection rights. In sum, nonresidents must still obtain a license to carry a firearm in Massachusetts, even if they are from a state like New Hampshire that does not have its own licensing requirement.
Know the Law is a bi-weekly column sponsored by McLane Middleton. Questions and ideas for future columns should be emailed to knowthelaw@mclane.com. Know the Law provides general legal information, not legal advice. We recommend that you consult a lawyer for guidance specific to your particular situation.