Appeals court hears challenge to Massachusetts firearms licensing regime and evidence search practices

A three-judge panel of the Appeals Court heard arguments in Commonwealth v. Remy Jones over whether Massachusetts's discretionary firearms-licensing regime was facially unconstitutional and whether the Commonwealth properly authenticated a database search used to show the defendant lacked a license.

The issue was raised by defense attorney Andrew Power, who told the court the 2021 licensing regime 'was facially unconstitutional' and urged the panel to report the question to the Supreme Judicial Court under Chapter 211A, Section 12. Power argued that, under decisions cited from Lodholt and Johnson, a defendant can press a facial challenge even without having applied for a license.

Power also pressed preservation and remedy questions: if the court found the statute unconstitutional, he said, 'the impact on this case' would be dismissal of the firearm charge. He emphasized…