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Keywords

appealregulation

appealregulationdue process

Related Cases

Hightower v. City of Boston, 693 F.3d 61

Facts

Stacey Hightower served as a police officer in Boston and held a Class A license to carry large capacity firearms. After her resignation, her license was revoked due to a determination that she had answered a renewal form untruthfully regarding pending complaints against her. Hightower did not appeal the revocation and has not applied for any other firearm licenses since leaving the police force.

Hightower's Class A license lapsed in March 2008. In July 2008, Hightower filed an application to renew her Class A license. To renew the license, Hightower had to fill out, in addition to the ordinary renewal form, a Form G 13–S, which was specific to Boston Police officers, who were required to fill out that form when applying for or renewing firearms licenses.

Issue

Did the revocation of Hightower's Class A license to carry firearms violate her rights under the Second and Fourteenth Amendments?

Hightower raises three arguments on appeal: (1) that the revocation of her license, and Massachusetts's firearms licensing scheme, violate the Second Amendment; (2) that the same revocation and licensing scheme violate the Equal Protection Clause of the Fourteenth Amendment; and (3) that the revocation violated the Due Process Clause of the Fourteenth Amendment.

Rule

The court applied the principles of standing, ripeness, and the constitutional standards governing the revocation of firearm licenses, particularly focusing on the Second Amendment's applicability to state and local regulations.

The standards for revocation of her license stem from section 131, which provides for revocation in two circumstances: A license issued under this section shall be revoked or suspended by the licensing authority, or his designee, upon the occurrence of any event that would have disqualified the holder from being issued such license or from having such license renewed.

Analysis

The court determined that Hightower's claims were ripe and that she had standing to challenge the revocation of her license. However, it concluded that the revocation did not violate the Second Amendment, as the requirement for truthful information on license applications is a lawful regulation. The court emphasized that the revocation was based on Hightower's untruthful application rather than a general finding of unsuitability.

Conclusion

The court affirmed the district court's decision, ruling that the revocation of Hightower's license did not violate her constitutional rights.

Who won?

City of Boston and its police commissioner prevailed because the court found that the revocation of Hightower's license was lawful and did not infringe upon her constitutional rights.

The court affirmed the district court's decision, ruling that the revocation of Hightower's license did not violate her constitutional rights.

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Elliott v. Commonwealth, 277 Va. 457, 675 S.E.2d 178

Cook v. United States, 469 U.S. 1220, 105 S.Ct. 1205 (Mem), 84 L.Ed.2d 347