Why It Matters
Massachusetts’ highest court upheld the state’s restriction on firearm licenses for people under 21. The ruling leaves the age limit in place while addressing a constitutional challenge brought by Mikai Thomson.
What Happened
In Commonwealth v. Mikai Thomson, the court upheld Thomson’s conviction for carrying a firearm without a license. Thomson was 20 years old when he was charged after fleeing police in December 2021 and discarding a semiautomatic handgun.
Justice Gabrielle Wolohojian wrote the majority opinion. The court said Thomson could not challenge the law as applied to him because he had never applied for or been denied a firearm license. The full court nevertheless agreed that he could bring a facial constitutional challenge to the law.
Wolohojian wrote that restricting firearm possession by people considered too young to safely handle firearms outside supervised settings is consistent with the nation’s regulatory tradition.
Justices Scott Kafker and Dalila Wendlandt dissented. Kafker wrote, “I believe further briefing and expert historical analysis are required to draw the appropriate analogy reliably and correctly.”
By the Numbers
Under 21 — age restriction for obtaining a Massachusetts license to carry handguns or large-capacity firearms
20-year-old — Thomson’s age when charged
December 2021 — month and year of Thomson’s arrest
49-page — length of the majority opinion
28-page — length of the dissent
2024 — year Massachusetts passed a firearms law containing the same age restriction
Zoom Out
Massachusetts allows supervised firearm possession by young people in specified circumstances. People aged 15 to 17 may apply for a Firearms Identification Card with parental consent to carry certain rifles or shotguns, while those 18 or older may apply without parental permission.
People 21 and older may obtain licenses to carry rifles, shotguns, large-capacity firearms, semiautomatic firearms and handguns. A federal judge upheld the Massachusetts age restriction against an NRA-backed challenge in August. The state court’s decision also follows a 2022 U.S. Supreme Court decision establishing a historical-analogue test for firearm restrictions.
What’s Next
The Massachusetts age restriction remains in effect. The dissent called for the case to return to a lower court for additional briefing, expert historical analysis and deeper review.