The Massachusetts Supreme Judicial Court is currently considering the constitutionality of a state law prohibiting individuals under 21 from obtaining handgun licenses. The case, Commonwealth of Massachusetts vs. Mikai Thomson, centers on whether this age restriction infringes upon Second Amendment rights.
Commonwealth of Massachusetts vs. Mikai Thomson
The case involves Mikai Thomson, a 20-year-old convicted of illegal firearm possession following a December 2021 traffic stop on Blue Hill Avenue. Police allege Thomson ran from officers, discarding a semi-automatic gun during the pursuit. The defense argues the state law denying licensure to those under 21 is unconstitutional.
Defense attorneys contend that Thomson’s age does not negate his Second Amendment protections, pointing out that 18-year-olds possess other constitutional rights, including the right to vote and freedoms of speech and assembly. Justice Elizabeth Dewar questioned the broader implications of the defense’s argument, asking if any age-based restrictions on firearms could be considered constitutional.
Defense attorney Elizabeth Lazar asserted the state has not demonstrated justification for denying Second Amendment rights based solely on age, stating, “They haven’t shown anything where there is an age-based prohibition that strips away the rights of adults or anyone over the age of 18 just by virtue of their age.”
Suffolk County prosecutor Ian MacLean argued Thomson lacked standing to bring the challenge, as he had not applied for a license and been denied one. The prosecution as well noted that age-based gun restrictions have existed in Massachusetts and other states “as far back as 1776.” The prosecution further argued that the court has recognized developmental differences in young adults, stating their brains are not fully formed and are comparable to those of children.
Challenges to gun laws in Massachusetts
This case follows a 2022 U.S. Supreme Court ruling that broadened rights related to carrying firearms. Last year, the Massachusetts Supreme Judicial Court ruled that gun owners from New Hampshire must adhere to Massachusetts firearm laws, even if legally permitted to possess those weapons in their home state. The court affirmed that the Second Amendment right to bear arms is “not absolute.”
Frequently Asked Questions
What is the central question in this case?
The central question is whether Massachusetts’s ban on handgun licenses for individuals under 21 years of age violates the Second Amendment rights of those individuals.
What was Mikai Thomson charged with?
Mikai Thomson was convicted of illegal possession of a firearm after police say he ran from a traffic stop and discarded a gun.
What did the prosecution argue regarding Thomson’s ability to bring the case?
The prosecution argued that Thomson lacked standing to bring the Second Amendment challenge because he had not applied for a firearm license and been denied one.
As the Massachusetts Supreme Judicial Court deliberates, what impact might its decision have on the rights of young adults and the future of gun control legislation in the state?
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