United States First Circuit

In a former police officer's suit challenging the constitutionality of the Massachusetts statutory and administrative scheme for revoking licenses for the carrying of firearms, judgment of the district court is affirmed where: 1) plaintiff has met the requirements for both standing and ripeness to assert claims for denials of procedural due process and equal protection, and for violation of any Second Amendment rights arising from the revocation of her license; 2) plaintiff cannot make out her Second Amendment claim as to the concealed weapon aspect of her revoked license, as she must for her as-applied challenge to succeed, because under Heller, the government may regulate the carrying of concealed weapons outside of the home; 3) plaintiff's facial attack fails because she has not shown that the statute lacks any plainly legitimate sweep; 4) the license survives rational basis review under the Equal Protection Clause for the same reasons given as to why plaintiff's as-applied claim fails; and 5) plaintiff's claim that the revocation scheme violates procedural due process is without merit.

Appellate Information

• Decided 08/30/2012
• Published 08/30/2012

Judges

• Lynch

Court

• United States First Circuit

Counsel