The recent decision in Commonwealth v. Donnell has forced the Special Project Unit to issue a “practice advisory” in Massachusetts. This advisory highlights the wide-ranging implications of the 2025 case, which dealt with out-of-state residents facing firearms offenses in Massachusetts. Some observers also believe that this decision may affect Massachusetts residents, and it is a situation worth discussing even if you do not currently face firearms charges. If you do currently face firearms charges, contacting a firearms defense attorney in Massachusetts could be a logical next step.
Defendants May Be Entitled to Vacatur and Dismissals
In May of 2025, the Special Projects Unit released an “important update” regarding out-of-state firearms offenses in Massachusetts. The update references the recent decision in Commonwealth v. Donnell. During this case, the “may issue” wording of the state’s licensing scheme was found to be unconstitutional. The case also involved an out-of-state defendant who had brought firearms into Massachusetts.
The update tells defense attorneys that if they represented an out-of-state defendant under similar circumstances, they may pursue “vacatur and dismissal” of those charges. In other words, Commonwealth v. Donnell set a precedent that other defendants can take advantage of. This is something that defendants should take full advantage of, as a gun charge can seriously affect one’s professional reputation and rights.
This new change revolves around the Second Amendment of the United States Constitution and an early case (New York State Rifle & Pistol Ass’n v. Bruen). Although this decision occurred in a different state, it has affected the Commonwealth and many other similar cases.
What Is Vacatur and Dismissal?
Vacatur and dismissal involves vacating a judgment. This process “cancels” the previous decision, allowing the court to make a new decision instead. Vacatur and dismissal mean to cancel a previous judgment and dismiss the charges altogether. Those who are incarcerated can use this process to achieve immediate release. Those who have already been released by the authorities can use this process to clear their criminal record.
Note that this process does not happen automatically after the decision in Commonwealth v. Donnell. Instead, defendants and their attorneys must file motions to vacate. There is also some debate over whether the Commonwealth will apply this decision retroactively, or whether this pathway toward post-sentencing relief only applies to defendants charged with out-of-state gun charges after the decision in Commonwealth v. Donnell.
If you believe that this decision could impact your case, you should discuss it with an experienced gun charge attorney in Massachusetts. This new development will likely lead to a slew of new motions to vacate, and you could benefit.
Can a Massachusetts Firearms Defense Attorney Help Me?
Whether you face out-of-state firearms charges in Massachusetts or you mare facing allegations as a resident, Commonwealth v. Donnell could impact your case. To discuss the implications of this decision in more detail, consider contacting an experienced firearms defense attorney in Boston. Edward R. Molari has considerable experience in this area, and you can contact him today for more answers.