The process of acquiring and maintaining a Massachusetts non-resident permit is wrought with burden, cost and delay. The initial permit application process often takes six months or more and includes repeated mandatory in-person visits to the commonwealth, creating an unconstitutional barrier to an applicant’s right to carry for self-defense. To add insult to constitutional injury, Massachusetts non-resident permits are only good for one year (while in-state permits are good for 6 years), requiring permit holders to file their renewals every year mere months after having received the prior permit, as the renewal process is plagued by the very same unconstitutional delays, and the challenged laws provide no grace period for expired permits that are pending renewal. This new lawsuit requests the courts to step in and hold the commonwealth accountable for their tactics of unconstitutional burden and delay, and for the singling out of non-residents for particularly harsh treatment.
On August 12, 2025, Second Amendment Foundation, joined by Gun Owners Action League and three individuals brought suit in the Federal District of Massachusetts, alleging that Massachusetts’ non-resident permit statutory regime and the policies and practices of its execution, violated the Second and Fourteenth Amendments to the United States Constitution.
Case Team: Raymond M. DiGuiseppe, Jason A. Guida
Recent Docket Activity
March 3rd, 2026
ELECTRONIC NOTICE Resetting Hearing on Motion 8 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 5/18/2026 10:00 AM in Courtroom 10 before Chief District Judge Denise J. Casper.
December 8th, 2025
ELECTRONIC NOTICE Setting Hearing on Motion 8 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 3/5/2026 02:30 PM in Courtroom 10 before Chief District Judge Denise J. Casper.
December 5th, 2025
MEMORANDUM in Opposition re 8 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Brian Burns, Gun Owner's Action League, Inc., Russell Lawson, Jr, Christopher Penta, Second Amendment Foundation, Inc..
November 18th, 2025
Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered granting 11 Motion for Extension of Time to 12/05/2025 to File Opposition to Motion to Dismiss by Brian Burns, Gun Owner's Action League, Inc., Russell Lawson, Jr, Christopher Penta, Second Amendment Foundation, Inc.



