Criminal – Firearm – License

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Where a jury found a defendant guilty of illegal possession of a firearm and unlawful possession of ammunition, those convictions must be vacated because the commonwealth did not introduce evidence that the defendant lacked a license to carry firearms or a firearms identification card.

“The defendant argues that that his convictions of unlawful possession of a firearm and ammunition must be reversed due to the Supreme Judicial Court’s decisions in Commonwealth v. Guardado, 491 Mass. 666 (2023) (Guardado I), and Commonwealth v. Guardado, 493 Mass. 1 (2023) (Guardado II), cert. denied, 144 S. Ct. 2683 (2024). The Commonwealth concedes that the defendant is entitled to a new trial on the firearms-related offenses where the Commonwealth did not introduce evidence that the defendant lacked a license to carry firearms or a firearms identification card. Additionally, the judge, lacking the benefit of New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022), Guardado I, and Guardado II, did not instruct the jury that nonlicensure is an essential element of the charges. Accordingly, we agree that the firearm and ammunition convictions must be vacated. …

“We affirm the defendant’s conviction of murder in the second degree and the order denying his motion for a new trial. We vacate the defendant’s convictions of unlawful possession of a firearm and ammunition (counts two, three, and four) and set aside those verdicts. The Commonwealth may retry the defendant on the firearm and ammunition charges if it so chooses.”

Commonwealth v. Brawner (Lawyers Weekly No. 81-096-25) (25 pages) (Docket No. 23-P-1092) (June 23, 2025).

Click here to read the full text of the opinion.