Posted on April 19, 2012
Case Information: Hightower v. City of Boston, No. 11-2281 (1st Cir., filed Apr. 19, 2012).
At Issue: Challenging Massachusetts’ firearm licensing law. Hightower involves a Second Amendment challenge to part of Massachusetts’ firearm licensing law that provides for the denial of a license to possess certain types of firearms at the discretion of the licensing authority if the applicant fails to demonstrate he or she is suitable to own or possess such firearms.
Law Center’s Brief: Our brief argues that the Second Amendment does not apply because: 1) there is no Second Amendment right to carry concealed, in public, certain types of firearms; and 2) the plaintiff in this case admits that she never applied for a license that may have allowed her to possess a different type of firearm appropriate for her needs. Furthermore, the brief argues that even if the Second Amendment were to apply, the arguments raised – prior restraint and strict scrutiny – are incompatible with prior Supreme Court case rulings and the nature of firearms.