Gould v. O'Leary
Gould v. O'Leary
Opinion of the Court
This is a federal constitutional challenge to the firearm licensing policies of the Town of Brookline and the City of Boston. Plaintiffs Michael Gould, Christopher Hart, Danny Weng, Sarah Zesch, John Stanton, and Commonwealth Second Amendment, Inc. have brought suit under
The parties have cross-moved for summary judgment. For the following reasons, defendants' motions will be granted, and plaintiffs' motion will be denied.
I. Background
The facts set forth below are undisputed.
A. Massachusetts Regulatory Framework
In Massachusetts, it is a crime to possess a firearm in public without a valid license to carry.
Under the statute, a licensing authority "may issue" a license if "it appears" that the applicant satisfies both parts of a two-step inquiry, demonstrating that he or she (1) is not a "prohibited person" and (2) has a "proper purpose" for carrying a firearm. Ruggiero v. Police Comm'r of Boston ,
At the first step of the inquiry, the licensing authority examines whether the applicant is a "prohibited person."
At the second step of the inquiry, the licensing authority is required to consider whether the applicant has a "proper purpose" for carrying a firearm. Ruggiero ,
Even when an applicant otherwise meets the requirements for license approval, the licensing authority may issue the license "subject to such restrictions relative to the possession, use or carrying of firearms as the licensing authority deems proper."
A licensing authority's decision to deny or restrict a license is subject to judicial review.
Unless revoked or suspended, a license "shall be valid" for between five and six years, and shall expire on the licensee's birthday.
B. Brookline Firearm Licensing Policy
Daniel O'Leary is the Chief of the Brookline Police Department. (Def. O'Leary's SMF ¶ 1). He and Sergeant Christopher Malinn are the two officials who administer the firearms-licensing process in Brookline. (Id. ). Sgt. Malinn is the "contact person and investigator" for firearm-license applicants. (Id. ¶ 2). However, as Police Chief, O'Leary is the ultimate authority responsible for issuing firearm licenses to Brookline residents pursuant to
Chief O'Leary will issue unrestricted LTCs to qualified individuals who show "good reason to fear injury to his person or property." (Def. O'Leary's Ans. to Interrog. No. 9). An otherwise-qualified applicant who fails to show "good reason to fear injury" will receive a restricted license. When deciding which restrictions to impose, Chief O'Leary states that he takes into account all information provided in the application, including field of employment and any training or experience with firearms. (Id. at Nos. 11-12).
Since January 1, 2015, Brookline has imposed seven types of restrictions on firearm licenses: (1) target, (2) hunting, (3) transport, (4) sporting, (5) employment, (6) in home, and (7) collecting. (Def. O'Leary's *160SMF ¶ 6).
TARGET -allows firearms to be carried while engaged in firearms target practice at a firearms club or firearms school. Included is reasonable traveling time to and from said club or firearms school, with any weapon(s). The firearm cannot be carried outside the home for another purpose.
HUNTING -allows firearms to be carried while hunting and while going to or coming from a hunting area, when in possession of a valid hunting license. The firearm cannot be carried outside of the home for another purpose.
TRANSPORT -allows one to transport firearms from one home to another. Note that all of the restrictions allow one to transport the firearm to the allowed activity. The firearm cannot be carried outside the home for another purpose.
SPORTING -allows the firearm to be carried for the purpose of target practice, recreational shooting or competition, the lawful pursuit of game animals and birds, and for outdoor recreational activities such as hiking, camping, cross country skiing, and other related activities. The firearm cannot be carried outside of the home for any other purpose.
EMPLOYMENT -allows the firearm to be carried only during the hours one is actually employed by, and/or operating at their company/employer. This includes reasonable time traveling to and from the company/employer. The firearm cannot be carried outside the home for any other purpose.
IN HOME -allows one to keep the firearm in the home. It cannot be carried outside of the home.
COLLECTING -allows one to carry the firearm for the purpose of firearms collecting. Firearms cannot be carried outside the home for any other purpose.
(Def. O'Leary's Ans. to Interrog. No. 3).
Between January 1, 2015, and July 18, 2017, Chief O'Leary issued a total of 191 LTCs. (Stipulation at 1). Of those 191 LTCs, 68 (35.6%) were unrestricted and 123 (64.4%) contained at least one restriction. (Id. ). However, members of certain professions were more likely to receive unrestricted licenses. (Id. ). During that time period, 22 of 24 law enforcement officers (91.7%), 10 of 14 physicians (71.4%), and 4 of 6 attorneys (66.7%) received unrestricted licenses. (Id. ).
C. Plaintiff Gould's Application
In 2014, Michael Gould lived in Brookline. (Pls.' SMF ¶ 81). He works as a professional photographer at a fine arts museum and also operates his own photography business. (Id. ¶ 79; Gould Aff. ¶ 1). He previously lived in Weymouth, Massachusetts, where he had a LTC from the Weymouth Police Department with the restriction of "Target Hunting Employment." (Pls.' SMF ¶ 80). On July 8, 2014, he applied to renew his LTC for "all lawful purposes" with the Brookline Police Department. (Id. ¶ 81). During an interview with Sgt. Malinn, he stated that he wanted an unrestricted LTC for self-defense. (Id. ¶ 82). Sgt. Malinn advised that unrestricted LTCs were difficult to obtain in Brookline and that Gould would need to obtain specific documentation to support his request. (Id. ).
On September 29, 2014, Gould mailed a letter to Chief O'Leary detailing his request for an unrestricted LTC. (Id. ¶ 83).
*161In his letter, he stated that he needed an unrestricted LTC because he routinely worked with "valuable photography equipment as well as extremely valuable works of art." (Gould Aff. Ex. 4, at 1). He further emphasized his experience with firearms. (Id. ).
Chief O'Leary denied Gould's application for an unrestricted LTC in a letter dated October 16, 2014, but offered to issue an LTC with the "Sporting" and "Employment" restrictions. (Pls.' SMF ¶ 84). On October 23, 2014, Sgt. Malinn explained to Gould that those restrictions would allow him to carry a firearm on all occasions identified in his letter. (Def. O'Leary's SMF ¶ 13). Gould signed forms accepting a LTC with those two restrictions on November 10, 2014, and received it on November 20, 2014. (Pls.' SMF ¶¶ 86-87). He did not appeal the license restrictions pursuant to Mass. Gen. Laws. ch. 140, § 131(f). (Def. O'Leary's SMF ¶ 14).
D. Boston Firearm Licensing Policy
William Evans is the Commissioner of the Boston Police Department. (Pls.' SMF ¶ 1). He has delegated his responsibilities as a licensing authority to Lt. Det. John McDonough, the head of the Boston Police Department's Licensing Unit. (Id. ).
The Licensing Unit will issue unrestricted LTCs to qualified individuals who "show 'good reason to fear injury' that distinguishes them from the general population," or "are engaged in certain occupations." (Id. ¶ 2). Occupations that typically qualify for unrestricted LTCs include law enforcement officer, medical doctor, and lawyer. (Id. ¶ 3). In addition, the Licensing Unit will issue an unrestricted LTC to an applicant who has already been issued an unrestricted LTC anywhere else in Massachusetts. (Id. ¶ 4). If an individual does not meet one of these requirements, the Licensing Unit will typically issue the LTC subject to a "Target & Hunting" restriction. (Id. ¶ 5).
The Licensing Unit imposes three varieties of restrictions on firearm licenses: (1) employment, (2) target and hunting, and (3) sporting. A written policy describing those restrictions states as follows:
EMPLOYMENT -restricts possession to a business owner engaged in business activities, or to an employee while engaged in work related activities, and maintaining proficiency, where the employer requires carry of a firearm (i.e. armored car, security guard, etc.). Includes travel to and from the activity location.
TARGET AND HUNTING -restricts possession to the purpose of lawful recreational shooting or competition; for use in the lawful pursuit of game animals and birds; for personal protection in the home; and for the purpose of collecting (other than machine guns). Includes travel to and from activity location.
SPORTING -restricts possession to the purpose of lawful recreational shooting or competition; for use in the lawful pursuit of game animals and birds; for personal protection in the home; for the purpose of collecting (other than machine guns); and for outdoor recreational activities such as hiking, camping, cross country skiing, or similar activities. Includes travel to and from activity location.
(Def. Evans's SMF, Ex. 4).
The Licensing Unit does not have a formal internal written policy for determining whether an applicant has shown good "reason" or "proper purpose" for obtaining an unrestricted LTC. (Def. Evans's SMF ¶ 5). However, the Licensing Unit does follow general guidelines. (Id. ¶ 6). For example, the Licensing Unit draws a *162distinction between victims of random crime and victims who were specifically targeted; the latter are more likely to show the "good reason to fear injury" required for an unrestricted LTC. (Id. ¶ 10). The Licensing Unit does not define "good reason to fear injury" with regard to high-crime areas. (Id. ¶ 11). In addition, applicants requesting an unrestricted LTC must submit a letter and supporting documentation to Lt. Det. McDonough. (Id. ¶ 13). Lt. Det. McDonough states that he reviews those documents to determine eligibility for an unrestricted LTC on an individualized, case-by-case basis. (Id. ¶ 14).
Between January 1, 2015, and July 18, 2017, the Licensing Unit issued a total of 3,684 LTCs. (Pls.' SMF ¶ 21). Of those 3,684 LTCs, 1,576 (42.8%) were unrestricted and 2,108 (57.2%) contained at least one restriction. (Id. ).
E. Boston Plaintiffs' Applications
Four plaintiffs are residents of the City of Boston: Christopher Hart, Danny Weng, Sarah Zesch, and Josh Stanton.
1. Christopher Hart
Christopher Hart works as the general manager of a restaurant in Boston. (Id. ¶ 48). He previously lived in Connecticut, where he possessed a "State Permit to Carry Pistols and Revolvers." (Id. ¶ 49). He previously possessed handgun carry licenses from Florida, Maine, and New Hampshire. (Id. ).
On June 4, 2014, he applied for an LTC with the Licensing Unit. (Id. ¶ 50). On his application, Hart wrote that he was seeking a license for "personal protection both in/out of my home." (Id. ). He then had an interview with Officer Angela Coleman. (Id. ¶ 51). After the interview, Officer Coleman completed a Massachusetts Instant Record Check System ("MIRCS") application for Hart and wrote "Target and Hunting" under the section "Reason(s) for requesting the issuance of a card or license." (Id. ¶ 52). Although Hart also submitted a letter to Lt. Det. McDonough requesting an unrestricted LTC for self-defense, he never received a reply. (Id. ¶¶ 54-55).
On July 2, 2014, the Licensing Unit issued a LTC to Hart with the restriction of "Target & Hunting." (Id. ¶ 56). The following month, he visited the Licensing Unit and asked about the possibility of removing the restriction. (Id. ¶ 57). Because his employer declined to provide documentation to justify an additional "Employment" exception, Hart did not appeal the license. (Id. ).
2. Danny Weng
Danny Weng is a software engineer who was honorably discharged from the U.S. Army. (Id. ¶ 37). He applied for a LTC with the Licensing Unit on January 13, 2014. (Id. ¶ 38). On his application, he stated that he was seeking a LTC for "all lawful purposes/target shooting." (Id. ). He then interviewed with Officer Patricia McGoldrick, who completed a MIRCS application on his behalf. (Id. ¶ 40). Officer McGoldrick wrote "Target and Hunting"
*163on his MIRCS application under the section "Reason(s) for requesting the issuance of a card or license." (Id. ¶ 42).
On February 18, 2014, the Licensing Unit issued a LTC to Weng with the restriction of "Target & Hunting." (Id. ¶ 44). Nine months later, on November 14, 2014, he wrote a letter to Lt. Det. McDonough reiterating his desire for an unrestricted LTC, emphasizing his military experience and desire for additional protection. (Id. ¶ 45). He followed up with another letter on March 13, 2015, adding that he wanted flexibility to participate in competitive shooting. (Id. ¶ 46). Lt. Det. McDonough replied on April 4, 2015, denying the request for an unrestricted LTC because he "could not show that [he had a] proper purpose to possess [an unrestricted] license." (Id. ¶ 47).
3. Sarah Zesch
Sarah Zesch is a Boston native who recently graduated from college and works for a state agency. (Id. ¶ 58). On January 6, 2015, she applied for a LTC with the Licensing Unit. (Id. ¶ 59). She did not answer the question on the application form, "For what purpose do you require a License to Carry Firearms?" (Id. ). She then interviewed with Officer Coleman, and indicated she wanted an unrestricted LTC for self-protection. (Id. ¶¶ 60-61).
After the interview, Officer Coleman wrote "Target and Hunting" on her MIRCS application under the section "Reason(s) for requesting the issuance of a card or license." (Id. ¶ 63). Although she also submitted a letter to Lt. Det. McDonough requesting an unrestricted LTC for personal protection, she never received a reply. (Id. ¶¶ 65, 67). On March 10, 2015, the Licensing Unit issued a LTC to her with the restriction of "Target & Hunting." (Id. ¶ 66).
4. John Stanton
John Stanton is a professional musician. (Id. ¶ 68). On December 15, 2014, he applied for a LTC with the Licensing Unit. (Id. ¶ 69). He listed "self-defense, target shooting, hunting, and all other lawful purposes" as reasons for requiring a LTC. (Id. ). He then interviewed with Officer Coleman, who wrote "Target and Hunting" on his MIRCS application under the section "Reason(s) for requesting the issuance of a card or license." (Id. ¶ 72). On January 15, 2015, the Licensing Unit issued a LTC to him with the restriction of "Target & Hunting." (Id. ¶ 74).
On March 13, 2015, Stanton wrote a letter to Lt. Det. McDonough requesting removal of that restriction. (Id. ¶ 75). Lt. Det. McDonough denied the request on June 9, 2015, on the ground that Stanton "could not show that [he had a] proper purpose to possess [an unrestricted] license." (Id. ¶ 76).
Within the next two months, Stanton was the victim of a theft. (Id. ¶ 77). On July 30, 2015, he again wrote to Lt. Det. McDonough and reiterated his prior request, emphasizing that he wanted an unrestricted LTC for personal protection. (Id. ). Lt. Det. McDonough denied the request on August 6, 2015, stating he had still failed to provide justification for an unrestricted LTC. (Id. ¶ 78).
F. Commonwealth Second Amendment, Inc.
Plaintiff Commonwealth Second Amendment, Inc. is a Massachusetts-based non-profit corporation organized for the purpose of education, research, and legal action regarding what it contends is the constitutional right to possess and carry firearms. (Id. ¶¶ 88-89). The individual plaintiffs were made honorary members of the organization without their knowledge for purposes of this suit. (Def. Evans's *164SMF ¶ 25). However, since the filing of this suit, the individual plaintiffs have accepted membership offers and are now "knowing" members of the organization. (Pls.' Resp. to Def. Evans's SMF ¶ 25). Because Commonwealth Second Amendment, Inc.'s standing relies on the standing of its members and because its claims appear to be essentially derivative of the claims of its members, the organization's claims can be decided on the same grounds as those of the individual plaintiffs without separate analysis. See United States v. AVX Corp. ,
G. Procedural Background
On February 4, 2016, plaintiffs Gould, Hart, and Commonwealth Second Amendment, Inc., brought this lawsuit against defendants O'Leary and Evans.
On January 27, 2017, defendant Evans filed a motion for judgment on the pleadings pursuant to Fed. R. Civ. P. 12(c). The Court denied the motion on March 6, 2017, finding that the amended complaint plausibly stated a claim for relief and raised factual issues that required the development of a factual record. After discovery concluded, plaintiffs filed a motion for summary judgment, and defendants O'Leary and Evans filed cross-motions for summary judgment.
II. Analysis
A. Cross-Motions for Summary Judgment
The two-count amended complaint alleges violations of the Second and Fourteenth Amendments under
There is no dispute that defendants O'Leary and Evans were acting under color of state law in issuing plaintiffs' restricted licenses. The complaint alleges that Massachusetts's firearm licensing scheme and defendants' licensing policies violate the Second Amendment and the Equal Protection Clause by (1) permitting the imposition of restrictions such as "sporting," "target," "hunting," and "employment" on their licenses and (2) allowing issuance of permits to turn on "arbitrary considerations, such as whether an individual resides or previously resided on the correct side of a boundary line, is wealthy and/or has a lot of cash, has a particular occupation, or has a place of business in another locality that issues unrestricted LTC[ ]s." Am. Compl. ¶¶ 62-68. In essence, plaintiffs contend that the Second Amendment, as interpreted by the Supreme Court decisions in District of Columbia v. Heller ,
Defendants contend that neither the municipal policies in question nor the state statutory scheme implicate a Second Amendment right because that right is *165limited to personal protection within the home.
1. Standard of Review
The role of summary judgment is to "pierce the pleadings and to assess the proof in order to see whether there is a genuine need for trial." Mesnick v. General Elec. Co. ,
2. The Second Amendment
The Second Amendment to the United States Constitution provides as follows: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." U.S. Const. amend. II. In 2008, the Supreme Court struck down a District of Columbia ordinance that prohibited the possession of handguns in the home, declaring that the Amendment guarantees "the right of law-abiding, responsible citizens to use arms in defense of hearth and home." Heller ,
As the First Circuit has recognized, several circuits use a two-part framework to evaluate a claim of Second Amendment infringement. Powell v. Tompkins ,
first consider whether the challenged law imposes a burden on conduct that falls within the scope of the Second *166Amendment's guarantee as historically understood, and if so, ... next determine the appropriate form of judicial scrutiny to apply (typically, some form of either intermediate scrutiny or strict scrutiny).
Although the First Circuit has not explicitly adopted that two-step approach, the cases in which it has directly analyzed Second Amendment issues appear to fall under either the first or second step of the framework. For example, in United States v. Rene E. , the court concluded that the federal statute criminalizing firearm possession by juveniles did not violate the Second Amendment because it was one of the "longstanding prohibitions" that Heller did not call into question. See
In United States v. Booker ,
In Hightower v. City of Boston , the First Circuit concluded that revoking an individual's license to carry a concealed weapon based on the fact that her firearm license application contained a false statement did not violate the Second Amendment under any standard of heightened scrutiny.
Accordingly, the Court will first analyze the scope of the Second Amendment to determine whether the disputed restrictions impose a burden on the right to keep and bear arms protected by the Second Amendment's guarantee as historically understood.
*167Next, the Court will analyze what form of means-ends scrutiny the restrictions must satisfy. Finally, the Court will apply the appropriate level of scrutiny to the restrictions at issue.
a. Scope of the Second Amendment
Heller specifically precluded from Second Amendment protection three categories of firearm regulation: "longstanding prohibitions on the possession of firearms by felons and the mentally ill, ... laws forbidding the carrying of firearms in sensitive places, [and] laws imposing conditions and qualifications on the commercial sale of arms."
Plaintiffs contend that the restrictions imposed on their licenses do not comport with historical understandings of the Second Amendment right as interpreted by Heller. They contend that the Second Amendment squarely protects the right of law-abiding citizens to carry handguns in public for the purpose of self-defense, which defendants have infringed by requiring them to show a specific "reason to fear" in order to receive unrestricted licenses. Like the Third Circuit in Drake , this Court is "not inclined to address this [issue] by engaging in a round of full-blown historical analysis, given other courts' extensive consideration of the history and tradition of the Second Amendment."
It is now well-established "that the possession of operative firearms for use in defense of the home constitutes the 'core' of the Second Amendment." Hightower ,
Decisions from the other courts of appeals offer mixed guidance. The Second, Third, and Fourth Circuits have "assumed for analytical purposes" that the Second Amendment has some application outside the home, without deciding the issue. See Powell ,
In contrast, the Seventh Circuit held that the "Supreme Court has decided that the [Second] [A]mendment confers a right to bear arms for self-defense, which is as important outside the home as inside." Moore v. Madigan ,
More recently, the District of Columbia Circuit held that the Second Amendment protects an individual's right to carry firearms outside the home for self-defense. See Wrenn v. District of Columbia ,
The court invalidated the District of Columbia's "good-reason" law as a categorical restriction on a " 'core' Second Amendment right."
No federal court of appeals has held that the Second Amendment does not extend beyond the home. But see Williams v. State ,
In Hightower , the First Circuit stated that "[i]t is plain that the interest ... in carrying concealed weapons outside the home is distinct from [the] core interest emphasized in Heller. "
In short, precedent does not clearly dictate whether the Second Amendment extends to protect the right of law-abiding citizens to carry firearms outside the home for the purpose of self-defense. In the face of this conflicting authority, the Court will heed the caution urged by the First Circuit that the Second Amendment is an area that "courts should enter only upon necessity and only then by small degree."
b. Level of Scrutiny
Assuming without deciding that the restrictions at issue burden the Second Amendment right, they must survive some form of means-ends scrutiny to be constitutional. See Hightower ,
In Hightower , the First Circuit explicitly refrained from deciding what standard of scrutiny applied to the concealed-carry regulation.
Booker's language has been interpreted as a description of intermediate scrutiny. See, e.g., Tyler v. Hillsdale Cty. Sheriff's Dep't ,
The regulation at issue in Booker and Armstrong was substantially different from the ones in this case, perhaps necessitating a different level of scrutiny. However, the Second, Third, and Fourth *170Circuits have explicitly adopted the intermediate scrutiny standard when examining regulations burdening an alleged Second Amendment right to carry weapons outside the home. Kachalsky ,
For example, the Second Circuit in Kachalsky noted that "when analyzing First Amendment claims, content-based restrictions on noncommercial speech are subject to strict scrutiny while laws regulating commercial speech are subject to intermediate scrutiny."
This Court agrees that intermediate scrutiny, or a related analogue, is the appropriate standard to assess the constitutionality of the restrictions in question. The challenged restrictions allow for use of a firearm in defense of the home, and therefore only implicate an individual's ability to carry a firearm in public. Because that interest is not at the "core" of the Second Amendment right recognized by Heller , analysis at a level of scrutiny lower than the strict scrutiny standard appears to be appropriate. See Hightower ,
However, because Armstrong plainly stated that the First Circuit has not yet adopted the intermediate scrutiny standard for Second Amendment challenges to firearm regulations, the Court will avoid using that specific label. Instead, the Court's analysis will focus on whether defendant has shown a "substantial relationship between the restriction and an important governmental objective." Booker ,
*171c. Application
"In reviewing the constitutionality of a statute, courts must accord substantial deference to the predictive judgments of [the legislature]." Turner Broad. Sys., Inc. v. FCC ,
As described, the Massachusetts firearm regulatory regime allows, but does not require, a local licensing authority to impose restrictions on firearm licenses that the authority "deems proper."
The purpose of the licensing provisions of
The New York licensing scheme considered by the Second Circuit in Kachalsky is similar to the Massachusetts regulatory regime. New York law generally prohibits citizens from possessing firearms without a valid license to carry. Kachalsky ,
Although "proper cause" is not defined in the statute, "New York state courts have defined the term to include carrying a handgun for target practice, hunting, or self-defense."
Three of the plaintiffs in Kachalsky were granted licenses limited to the purpose of target shooting and sought to remove that restriction.
After reviewing the legislative history of the New York licensing regime, the Second Circuit found that New York's decision to regulate the number of handguns in public "was premised on the belief that it would have an appreciable impact on public safety and crime prevention." Id. at 98. It concluded that "[r]estricting handgun possession in public to those who have a reason to possess the weapon for a lawful purpose is substantially related to New York's interests in public safety and crime prevention." Id.
As noted, the licensing regime in New York is substantially similar to the one challenged in this case. In New York, an applicant can receive an unrestricted license if he or she shows a special need for self-protection distinguishable from that of the general public. Id. at 86. By comparison, in Massachusetts, an applicant can receive a license if he or she shows "good reason to fear injury to the applicant or the applicant's property or for any other reason, including the carrying of firearms for use in sport or target practice only, subject to the restrictions expressed or authorized under this section."
Massachusetts adopted its licensing requirement "as a first-line measure in the regulatory scheme" as a result of the "realization that prevention of harm is often preferable to meting out punishment after an unfortunate event." Ruggiero ,
To the extent that imposing "sporting," "target," "hunting," and "employment" restrictions on applicants who fail to show "good reason to fear injury" burdens conduct protected by the Second Amendment, that requirement is substantially related to the state's important objective in protecting public safety and preventing crime. As other courts have found, "requiring a showing that there is an objective threat to a person's safety-a special need for self-protection-before granting a carry license is entirely consistent with the right to bear arms."
In short, the policy that requires applicants to show a specific reason to fear in order to be issued unrestricted firearm licenses, and its authorizing statute, are constitutional. The Court agrees in substance with the Second, Third, and Fourth Circuits, which have upheld similar requirements in other firearm-licensing regimes. See
*174Accordingly, the placing of restrictions such as "sporting," "target," "hunting," and "employment" on the licenses of applicants who do not show good reason to fear injury is substantially related to the important governmental objective of public safety, and therefore does not violate the Second Amendment.
3. Equal Protection Claim
The amended complaint alleges a violation of the Equal Protection Clause of the Fourteenth Amendment, contending that the Massachusetts regulatory regime, and in particular
III. Conclusion
For the foregoing reasons, plaintiffs' motion for summary judgment is DENIED. Defendants' motions for summary judgment are GRANTED.
So Ordered.
With limited exceptions, a "firearm" is defined as "a pistol, revolver or other weapon of any description, loaded or unloaded, from which a shot or bullet can be discharged and of which the length of the barrel or barrels is less than 16 inches or 18 inches in the case of a shotgun as originally manufactured." Mass. Gen. Laws ch. 140 § 121.
Prior to 2014, a licensing authority could issue licenses in two forms: Class A or Class B. Mass. Gen. Laws. ch. 140, § 131(a-b). A Class A license permitted an individual to carry a concealed firearm in public and to possess a large-capacity firearm, while a Class B license permitted only open carry of firearms that were not classified as large-capacity.
The in home restriction was created only because one applicant specifically requested it. (Def. O'Leary's SMF ¶ 6).
The most common restriction imposed was "Target & Hunting," which was placed on 1,815 LTCs. (Def. Evans's SMF ¶ 26). The Licensing Unit also issued 17 LTCs with "Sporting" restrictions and 34 LTCs with "Employment" restrictions. (Id. ). There were 242 LTCs issued with some combination of those three categories of restrictions. (Id. ).
The original complaint listed Irwin Cruz as a plaintiff and Chief David Provencher of the New Bedford Police Department as a defendant. Neither individual is a current party to the case.
In Batty v. Albertelli ,
The District of Columbia's "good-reason" law is an "ensemble of [D.C.] Code provisions and police regulations" limiting LTCs to those showing a "good reason to fear injury to [their] person or property" or "any other proper reason for carrying a pistol." Wrenn ,
The Statute of Northampton was passed during the early reign of Edward III. The Statute restricted the possession of pistols and other weapons in public locations.
Wrenn appears to conflict, at least to some degree, with First Circuit precedent. As noted, the First Circuit has stated "that the possession of operative firearms for use in defense of the home constitutes the 'core' of the Second Amendment." Hightower ,
In addition, other circuits have used the intermediate scrutiny standard when evaluating other types of firearms regulations outside the "core" right of armed self-protection within the home. See, e.g. , Nat'l Rifle Ass'n of Am. ,
In Moore , the court considered a Second Amendment challenge to a "blanket prohibition on carrying [a] gun in public" in Illinois.
Reference
- Full Case Name
- Michael GOULD, Christopher Hart, Danny Weng, Sarah Zesch, John Stanton and Commonwealth Second Amendment, Inc. v. Daniel O'LEARY, in his official capacity as Chief of the Brookline Police, Department, and William Evans, in his official capacity as Commissioner of the Boston Police Department, and Commonwealth of Massachusetts, Intervenor
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