Massachusetts Gun Charges Overturned: What the Crowder and Zemene Cases Mean for Firearm-Charge Defense
If you’ve been charged with anything stemming from the unlawful possession of a firearm in Massachusetts, two recent rulings by the state’s highest court—Commonwealth v. Crowder and Zemene v. Commonwealth—could directly impact your case. These 2025 decisions from the Massachusetts Supreme Judicial Court (SJC) reshape how prosecutors must prove gun cases, especially for defendants accused of carrying a firearm without a license. For anyone facing Massachusetts gun charges, these cases represent both a warning and an opportunity.
In this post, our team of Massachusetts criminal defense lawyers breaks down what these cases mean, why they matter, and what you need to know if you or someone you care about is dealing with a gun charge in the Commonwealth.
What Happened in Crowder and Zemene?
In both cases, the defendants were convicted of carrying a firearm without a license under G.L. c. 269, § 10(a)—a felony offense that carries mandatory jail time in Massachusetts. The twist? Their trials happened in the aftermath of the U.S. Supreme Court’s landmark decision in New York State Rifle & Pistol Ass’n v. Bruen (2022), but before Massachusetts courts had fully updated the rules to comply with that ruling.
In Bruen, the Supreme Court declared that the Second Amendment protects the right to carry a firearm for self-defense outside the home. It forced states like Massachusetts to reexamine their restrictive licensing schemes and shifted the burden back onto the government to justify those restrictions.
But Massachusetts courts didn’t fully adapt to that change until the SJC issued Commonwealth v. Guardado in 2023. In Guardado, the SJC overruled decades of precedent and held that the burden is now on the Commonwealth to prove, beyond a reasonable doubt, that the defendant did not have a license to carry a firearm. Before that ruling, lack of a license was considered an "affirmative defense"—something the defense had to raise.
So what happens if someone was convicted after Bruen but before Guardado? That’s exactly what was at stake in Crowder and Zemene.
Case Spotlight: Commonwealth v. Crowder
In Crowder, the defendant was pulled over for speeding in Wakefield, and a trooper found a concealed handgun during a pat frisk. Crowder was arrested and convicted of carrying a firearm without a license. At trial, the prosecution did not prove that he lacked a valid LTC, because at the time, they weren’t legally required to do so.
After Guardado changed the law, Crowder filed a motion asking the court to vacate his conviction and enter a required finding of not guilty, arguing that the government failed to prove an essential element of the crime.
The Massachusetts SJC agreed to vacate his conviction—but only granted a new trial, not a dismissal. The court ruled that since the law hadn’t yet changed at the time of Crowder’s trial, the Commonwealth didn’t do anything wrong under the old rules. Therefore, the appropriate remedy was a new trial under the new standards, not an acquittal.
Case Spotlight: Zemene v. Commonwealth
In Zemene, police discovered a loaded handgun underneath the defendant’s foot during a traffic stop in Cambridge. After being read his rights, the defendant admitted the gun was his. He was convicted of carrying a firearm without a license and sentenced to 18 months in jail.
Just like in Crowder, the Commonwealth never proved Zemene lacked a license to carry. After Guardado was decided, he challenged his conviction, claiming that retrying him would violate double jeopardy—the constitutional protection against being tried twice for the same offense.
Again, the SJC rejected the double jeopardy argument. It held that a retrial was fair because, at the time of the original trial, the law did not require the Commonwealth to prove lack of licensure. Like Crowder, Zemene is entitled to a new trial, but not an acquittal.
What These Massachusetts Gun Law Decisions Mean for You
These decisions have major implications for anyone facing gun charges in Massachusetts—or anyone already convicted of illegal gun possession in recent years. Here are the key takeaways, especially if you are searching for a Massachusetts criminal defense lawyer for a firearm offense:
1. The Commonwealth Must Now Prove Lack of a License
Thanks to Guardado, Crowder, and Zemene, it’s now clear that in any prosecution for unlawful gun possession in Massachusetts, the state must prove beyond a reasonable doubt that the defendant did not have a valid license to carry. This dramatically shifts the burden back to the prosecution.
2. If You Were Convicted Before Guardado, You May Be Entitled to Relief
If your trial occurred after Bruen but before Guardado (June 2022 to April 2023), and the prosecution did not prove you lacked a license, you may be eligible for a new trial. This applies even if you’ve already served your sentence. A knowledgeable Massachusetts gun offense lawyer can help you file a postconviction motion.
3. You Can’t Automatically Get an Acquittal
Many people assume that if the law changes, their conviction should be wiped out. Not so fast. The SJC made it clear: only a new trial is warranted, not a dismissal. The Commonwealth gets another chance to try the case under the new legal standards—unless the prosecution failed to meet its burden under the law at the time of trial.
4. Double Jeopardy Will Not Save You
Both Crowder and Zemene tried to argue that retrying them would violate the Fifth Amendment’s ban on double jeopardy. The SJC rejected that argument, holding that double jeopardy doesn’t apply when the law changes after your trial, and you were convicted under the rules as they existed at that time.
5. The Law Is Still Evolving—Don’t Assume the Worst
These rulings show that Massachusetts gun laws are still in transition following Bruen. That’s why it’s crucial to speak with a criminal defense attorney who understands firearm laws in Massachusetts. Your charges may not be as cut-and-dry as they seem.
Legal Strategy Tips for Fighting a Massachusetts Gun Charge
If you’ve been arrested or charged with illegal firearm possession in Massachusetts, here are some steps to take immediately:
Hire an experienced Massachusetts gun charge attorney who understands both state and federal constitutional law.
Have your attorney file a motion to dismiss if the Commonwealth cannot prove you lacked a license.
Consider challenging any search and seizure that led to the discovery of the firearm. If the stop or frisk was unconstitutional, the evidence could be suppressed.
Explore whether your case falls into the post-Bruen, pre-Guardado window, especially if you’ve already been convicted.
Why These Cases Matter to Everyone Charged with a Gun Offense
For years, Massachusetts treated unlicensed gun possession as a strict liability crime. The defendant had to raise the issue of licensure as an affirmative defense. These new rulings flip that script and provide real procedural protections to defendants. But they also reinforce that a conviction under the old law doesn’t guarantee a dismissal—you may still have to fight again in court.
That’s why having an aggressive, informed legal team matters. At Benzaken, Maguire, Sheehan & Wood, LLP, we help clients across Massachusetts fight unjust or unconstitutional gun charges every day. We understand the law, we follow the evolving rulings from the SJC, and we fight to make sure your rights are protected.
Facing a Gun Charge in Massachusetts? Call Us Today
Whether you were just arrested or have an old conviction you think may be affected by these recent rulings, we can help. Let our team of experienced Massachusetts criminal defense attorneys review your case and develop a strategy tailored to your situation.