The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
From guidance issued Friday:
- It remains unlawful to carry a firearm in Massachusetts without a license….
- Licensing authorities should continue to enforce the "prohibited person" and
"suitability" provisions of the license-to-carry statute….
- Licensing authorities should cease enforcement of the "good reason" provision of the license-to-carry statute in response to Bruen. Authorities should no longer deny, or impose restrictions on, a license to carry because the applicant lacks a sufficiently good reason to carry a firearm. An applicant who is neither a "prohibited person" or "unsuitable" must be issued an unrestricted license to carry.
- Licensing authorities may continue to inquire about the reasons why the applicant wants a license, but may only use that information to assess the prohibited person and suitability requirements of the statute. They may not use that information to deny or restrict a license for lack of a sufficiently good reason to carry a firearm.
- The FID [Firearms Identification] Card Process Is Unaffected by Bruen. Because there is no "good reason" provision for issuance of an FID card, licensing authorities should continue to process and issue FID cards exactly as they did prior to Bruen….
The [Massachusetts concealed carry] statute instructs that a "determination of unsuitability shall be based on: (i) reliable and credible information that the applicant or licensee has exhibited or engaged in behavior that suggests that, if issued a license, the applicant or licensee may create a risk to public safety; or (ii) existing factors that suggest that, if issued a license, the applicant or licensee may create a risk to public safety." …
Thanks to Dr. Ed for the pointer.