Hightower v. Boston Licensing To Carry Lawsuit Appeal Filed(MA)

Ammoland ^ | 7 February, 2012 | comm2a

[marktwain]

Jamaica Plain, MA --(Ammoland.com)- Today an appeal was filed in Hightower v. Boston in the First Circuit Court of Appeals.

The appeal seeks to overturn the lower court decision dismissing Stacey Hightower’s lawsuit against the City of Boston challenging the constitutionality of discretionary licensing in Massachusetts.

Stacey Hightower is an Air Force veteran and former Boston Police Officer. She resigned from the Boston Police Department in 2008 after 10 years of service to pursue a career in education.

The city responded by revoking her licensing to carry (LTC) firearms and seizing her personally owned firearm and ammunition.

During the district court proceedings the City readily conceded that there was no reason, statutory or otherwise, that would prohibit Hightower from owing and possessing firearms. Yet, they steadfastly insist upon their right to determine who can and cannot possess firearms in the City of Boston based upon the “interests of the Boston Police Department”.

This appeal challenges the lower court decision and the constitutionality of Chap 140 Sec 131 by making compelling arguments in support of:

* A Second Amendment right to carry (i.e. bear) arms outside the home

* Suitability as an invalid standard for licensing the exercise of a fundamental right

* The failure of discretionary licensing to meet any standard of scrutiny

* A liberty interest in the keeping and bearing arms and a property interest in the required license.

A copy of the appeal can be found here. We will continue to keep the Hightower webpage posted with developments in the case as they occur.

Please consider helping to support plaintiffs like Hightower with your tax deductible donation.

As always, thank you for your continued interest and support.

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[marktwain]

Interesting case. I hope that they have excellent attorneys.

[Jack Hammer]

The Second Amendment doesn’t mean much in Marxachusetts, and in Jamaica Plain you have to sweat blood to get an LTC - and you still won’t get one.

If it weren’t for the vigilance and tireless activity of the Gun Owners’ Action League, firearms rights would have disappeared in the Commonwealth altogether years ago.