Two New Hampshire men charged in separate incidents with unlawful possession of a gun have challenged Massachusetts firearm law. Dean Donnell Jr. and Phillip Marquis are both legal gun owners and residents of New Hampshire, a state that issues carry permits for purposes of reciprocity but otherwise observes constitutional carry, meaning that no license is necessary to open or conceal carry within the state. Attorneys for the men argue that Massachusetts felony charges, under the state’s strict firearm laws, are a violation of their Constitutional rights. 

“Massachusetts can’t be less protective than the Second Amendment,” argued Hayne Barnwell attorney for Phillip Marquis. 

A District Court judge in Lowell agreed with the defendants on Constitutional grounds, however, Massachusetts prosecutors have filed an appeal, claiming that out-of-state gun owners must obtain temporary permits prior to carrying firearms in the state and are not exempt from local laws. On September 9th, the Massachusetts Supreme Court heard arguments on the disagreement but has not yet said when a decision will be announced.