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Hightower v. Boston Licensing To Carry Lawsuit Appeal Filed

Tuesday, February 7th, 2012 at 5:38 PM
Commonwealth Second Amendment

Commonwealth Second Amendment

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.

Commonwealth Second Amendment
Comm2A is a not-for-profit charitable organization as defined under Section 501(c)(3) of the Internal Revenue code. Donations made to Comm2A are fully tax deductable as charitable contribution for US federal income tax purposes. All donations are greatly appreciated and will be used to support a variety of legal and educational projects. Visit: www.comm2a.org

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Happy New Year From Commonwealth Second Amendment

Friday, January 13th, 2012 at 11:47 AM
Commonwealth Second Amendment

Commonwealth Second Amendment

Jamaica Plain, MA --(Ammoland.com)- As we embark upon a New Year we cannot help but be energized by the accomplishments and successes we’ve had over the past year.

For Comm2A 2011 was very much our ‘building year’.

We created a sustainable organization and began to take action, including filing our first federal lawsuit, to reform the regressive law, customs and practices that infringe upon the rights of Massachusetts gun owners.

The past year gave us the opportunity to participate in two federal civil rights lawsuits. Hightower v. Boston was an existing action that is currently on appeal to the First Circuit. Fletcher v. Haas originated with Comm2A and is currently awaiting a decision from the court. Additionally we’ve had unexpected opportunities to assist in the defense of several individuals whose prosecution for malum prohibitum offenses is only possible in Massachusetts.

2012 is a year bright with opportunities to improve the landscape for Massachusetts gun owners. We expect to file no less than two major legal actions in addition to following up on opportunities that will likely follow a favorable ruling in Fletcher.

We also plan to significantly raise our profile through education and outreach programs with Sportsmen’s clubs, Basic Firearm Safety instructors and more programs like the Massachusetts Licensing Survey.

This is an exciting time to be engaged in an effort to regain some of the rights that have been eroded over the last century. We appreciate your continued interest in Comm2A and look forward to sharing our progress with you. All of us at Comm2A want to wish you and your families all the best in 2012.

With warm regards,
Commonwealth Second Amendment

About:
Comm2A is a not-for-profit charitable organization as defined under Section 501(c)(3) of the Internal Revenue code. Donations made to Comm2A are fully tax deductable as charitable contribution for US federal income tax purposes. All donations are greatly appreciated and will be used to support a variety of legal and educational projects. Visit: www.comm2a.org

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