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Appeals court hears argument over whether superior court should decide Bruen-style Second Amendment challenge or remand to district court
Summary
A single-justice session of the Appeals Court in matter 25J0050 heard competing arguments over whether the superior court should retain a Bruen-era constitutional challenge to Massachusetts’ firearm licensing suitability standard or remand it to the district court for factfinding; the justice took the matter under advisement.
A single-justice session of the Massachusetts Appeals Court on Oct. 12 considered competing requests over where a Second Amendment challenge to the Commonwealth’s firearm licensing statute should be decided.
Judge John Englander opened the hearing in case 25J0050 (In re: Dana Dupras Sr.) saying, “Part of the reason I wanted to have a hearing is because I'm not sure I fully understand what you want or whether I can do it.”
The Commonwealth, represented by Tim Casey, assistant attorney general, asked the single justice to vacate a superior court order that had remanded the matter to the district court for an evidentiary hearing and to direct the superior court to decide the constitutional (“Bruen”) question itself. “We are simply asking, for you to vacate the superior court's order, which had remanded the matter to the district court for an evidentiary hearing on the so called factual question of, Bruen's historical inquiry and instead…
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