Tennessee has joined a coalition of 25 states to file an amicus brief with the U.S. Supreme Court, urging it to strike down Massachusetts’ unconstitutional firearm licensing requirements for nonresidents.
“Tennesseans’ Second Amendment rights don’t just disappear when they visit Massachusetts,” Tennessee Attorney General Jonathan Skrmetti said in a statement. “No American should ever face criminal charges for simply exercising their constitutional rights while traveling. Massachusetts' licensing regime treats nonresidents as second-class citizens by imposing arbitrary and excessive restrictions, and it contradicts both historical tradition and Supreme Court precedent. We joined this brief to defend the principle that constitutional rights travel with every American—not just within their home state, but throughout the entire country.”
The brief supports a challenge to a Massachusetts Supreme Judicial Court ruling that upheld the state’s license-to-carry regime—even when applied to law-abiding out-of-state travelers who cannot reasonably comply with the state’s burdensome permitting process.
The U.S. Constitution ensures the right to bear arms, but states restrict that right. About 46 states allow the open carry of firearms, according to the U.S. Concealed Carry Association.
The remaining four states — California, Florida, Illinois and New York plus Washington D.C. ban open carry.
Much of the Midwest has friendly firearm laws.
In Tennessee, residents 21 years or older can carry a handgun without a permit. But residents who cross state lines risk felony criminal charges in states that have strict gun laws, such as Illinois.
The case involves a New Hampshire resident who was arrested and charged in Massachusetts after voluntarily disclosing to law enforcement that he was carrying a legally owned firearm, despite lacking a Massachusetts license. Although the trial court dismissed the charges, Massachusetts’s highest court reinstated them, citing the state’s firearm licensing framework.
The multi-state brief outlines several key concerns:
- Unconstitutional Burdens: Massachusetts’s permitting process for nonresidents imposes lengthy delays (ranging from 40 to 170 days) and high fees, while handing the government sweeping discretion to deny permits.
- No Historical Precedent: There is no well-established historical tradition of barring nonresidents from transporting or possessing firearms while traveling.
- Federalism and Individual Rights: The Constitution guarantees certain rights, especially those protected by the Second and Fourteenth Amendments, that cannot be subject to differing standards based solely on geography.
The coalition urges the U.S. Supreme Court to grant review and reverse the decision of the Massachusetts Supreme Judicial Court.
Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, Oklahoma, South Carolina, South Dakota, Texas, Utah, Virginia, West Virginia, and Wyoming joined the brief.