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Massachusetts's top court upholds minimum age of 21 for gun licenses

Massachusetts's top court upholds minimum age of 21 for gun licenses

Rule Changes Boston, MA local

Split ruling rejects Second Amendment challenge from Mikai Thomson, serving 19 to 20 years for manslaughter

October 20th, 2026: SJC upholds under-21 gun license ban

Overview

Updated Oct 21

Massachusetts's highest court ruled 5-2 on October 20 that the state may keep gun licenses from adults under 21, rejecting Mikai Thomson's Second Amendment challenge. The Supreme Judicial Court said the age limit fits a founding-era tradition of adults supervising young people's access to firearms.

Justice Gabrielle Wolohojian wrote the majority; Justice Scott Kafker dissented, joined by Justice Dalila Wendlandt, saying the historical record needed more study. Thomson is serving 19 to 20 years for a separate manslaughter case, so the appeal would not have freed him. The ruling came after a federal judge in Boston, George O'Toole, upheld the same 21-year minimum in August 2026 in a challenge brought by the National Rifle Association.

Why it matters

Massachusetts keeps barring adults under 21 from carrying guns, adding a state high-court ruling to the national fight over young adults' Second Amendment rights.

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Key Indicators

21
Minimum age for a gun license in Massachusetts
Upheld by the Supreme Judicial Court as consistent with the Second Amendment.
5–2
SJC vote upholding the age limit
Justice Wolohojian wrote for the majority; Justices Kafker and Wendlandt dissented.
19–20 years
Thomson's manslaughter sentence
He is serving this term at Souza Baranowski Correctional Center.
2.5 years
Gun-possession sentence Thomson appealed
His Second Amendment challenge to this conviction failed at the SJC.

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People Involved

MT
Mikai Thomson
Appellant; convicted of manslaughter
Serving 19 to 20 years at Souza Baranowski Correctional Center
XR
Xavier Rivas
Homicide victim
Deceased

Organizations Involved

Supreme Judicial Court of Massachusetts
Supreme Judicial Court of Massachusetts
State supreme court
Ruled on Thomson's appeal

Massachusetts's highest court, which hears direct appeals of criminal convictions and interprets state law and the U.S. Constitution for the state.
Boston Police Department
Boston Police Department
Municipal Police Department
Licensing authority for firearm permits in Boston

The Boston police commissioner is the local licensing authority for firearm permits in the city.

Timeline

December 2021 October 2026

5 events Latest: October 20th, 2026 · 3 weeks ago
Tap a bar to jump to that date

  1. SJC upholds under-21 gun license ban

    Latest Legal

    In a 5-2 decision, the Supreme Judicial Court said the 21-year minimum fits the nation's historical tradition of firearm regulation. Justice Gabrielle Wolohojian wrote the majority; Justice Scott Kafker dissented.

  2. Federal judge upholds Massachusetts 21-year gun minimum

    Legal

    U.S. District Judge George O'Toole rejected a National Rifle Association-backed challenge in Escher v. Noble, finding the Second Amendment tolerated restrictions on minors' access to firearms.

  3. Thomson pleads guilty to manslaughter

    Legal

    He pleaded guilty to manslaughter in the shooting death of Xavier Rivas and received a 19-to-20-year sentence.

  4. Jury convicts Thomson on gun and assault charges

    Legal

    A Dorchester Municipal Court jury found Thomson guilty of unlawful firearm possession and assault and battery on a state trooper for the December 2021 arrest. A judge sentenced him to 2.5 years, with a concurrent six months for shoving the trooper.

  5. Thomson charged with unlicensed gun possession

    Legal

    At age 20, Mikai Thomson was charged with carrying an unlicensed firearm and assault and battery on a state trooper.

Scenarios

1

Supreme Court takes up under-21 gun ban

Possible Resolves by Q2 2027

Discussed by: Legal observers tracking the split over age-based gun bans; the Fifth Circuit struck down a similar Texas ban in Lara v. Commissioner.

A certiorari petition in a case challenging an 18-to-20-year-old carry ban reaches the U.S. Supreme Court. If the Court rules the Second Amendment protects adults under 21, Massachusetts's law and the SJC decision would be at risk of being overturned. A ruling for the state would cement the Massachusetts outcome.

2

Federal court strikes down Massachusetts age law

Possible Resolves by End of 2028

Discussed by: Gun-rights organizations, including the Gun Owners' Action League, which has pressed Second Amendment challenges in Massachusetts.

A separate federal lawsuit challenges the state's 21-year minimum. A federal judge could rule the age limit violates the Second Amendment, creating a split with the SJC and setting up a likely appeal.

3

Massachusetts under-21 ban stands

Likely Resolves by End of 2028

Discussed by: Observers who expect the status quo to hold while age-ban litigation plays out nationally.

The SJC ruling remains the final word in Massachusetts. Courts elsewhere decide age-ban cases, but no court strikes down the Massachusetts law, and Thomson's appeal ends with him in prison.

4

First Circuit reverses age-limit ruling in Escher v. Noble

Possible Resolves by End of 2027

Discussed by: Gun-rights groups that brought the federal challenge, including the National Rifle Association

U.S. District Judge George O'Toole upheld Massachusetts's 21-year minimum in August 2026. Plaintiffs could appeal to the First Circuit; a reversal would conflict with the SJC's October ruling and likely push the question toward the Supreme Court.

Historical Context

3 moments from history that rhyme with this story — and how they unfolded.

June 2008

District of Columbia v. Heller (2008)

The U.S. Supreme Court ruled the Second Amendment protects an individual right to keep a firearm for self-defense, and listed felons and the mentally ill as groups whose gun rights can be restricted.

Then

The ruling struck down Washington, D.C.'s handgun ban and opened the door to decades of Second Amendment challenges.

Now

Courts have since debated who counts as “the people” with Second Amendment rights, including adults under 21.

Why this matters now

Thomson's case asks whether a 20-year-old counts among “the people” Heller protected.

June 2022

New York State Rifle & Pistol Association v. Bruen (2022)

The U.S. Supreme Court struck down New York's strict concealed-carry law and required gun restrictions to be consistent with the nation's historical tradition of firearm regulation.

Then

States and courts began re-examining gun laws, including age limits, under the new test.

Now

Lower courts have split on whether age-based bans pass the history-and-tradition test.

Why this matters now

The Massachusetts SJC applied this test and found the 21-year minimum lawful, aligning with some courts while bucking others.

1792

Militia Acts of 1792

Congress required able-bodied white male citizens aged 18 to 45 to enroll in local militias and equip themselves with arms.

Then

The acts tied gun ownership to militia service for young men.

Now

Litigants on both sides cite the militia age range to argue whether 18-to-20-year-olds were historically expected to bear arms.

Why this matters now

The historical question of whether young adults have arms rights sits at the center of the age-ban debate.

Sources

(8)
+2
Universal Hub City of Boston Commonwealth Beacon Massachusetts Lawyers Weekly Bloomberg Law Dorchester Reporter Mass Legal Resources U.S. District Court for the District of Massachusetts