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Appeals court hears constitutional challenge to firearms "suitability" licensing language
Summary
In Commonwealth v. Robert L. Brown the panel heard argument over whether pre-2022 Massachusetts firearms licensing language on "suitability" gives unlawful discretion to licensing authorities; counsel debated Marcus, Donnell, Bruen and how recent SJC rulings affect facial challenges to the licensing scheme.
The Appeals Court heard argument April 3 in Commonwealth v. Robert L. Brown (2024-P0512), a challenge to Massachusetts firearms licensing language that allows licensing authorities to deny permits based on a suitability determination.
Andrew Lovechuk, arguing for Robert Brown, told the panel the case focuses on the statute’s suitability component and asked for the opportunity to brief the court on recent Supreme Judicial Court decisions. “The suitability determination is what we focused our challenge on,” Lovechuk said, arguing that changes since the…
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