Morin v. Leahy, No. 16-1904 (1st Cir. 2017)Annotate this Case
Plaintiff pleaded guilty to two firearms-related misdemeanors. When Plaintiff subsequently attempted to renew his Class A License to Carry, the Chief of Police of the Town of Northborough, Massachusetts denied Defendant’s applications, finding that Defendant’s prior convictions barred him from obtaining a Class A License under Massachusetts law. Plaintiff brought this action arguing that the denial of his application for a Class A License violated his constitutional right to possess a firearm for self-defense within the home and seeking declaratory and injunctive relief under 42 U.S.C. 1983. The district court granted summary judgment in favor of the Commonwealth. The First Circuit affirmed, holding (1) the denial of a Class A License does not implicate Plaintiff’s Second Amendment right to possess a firearm in his home for self-defense because a Firearm Identification (FID) Card, in conjunction with a permit to purchase, allows one to acquire a firearm and to possess it in one’s home; (2) because Plaintiff failed to show a constitutional violation his section 1983 claim failed as well; and (3) Plaintiff lacked standing to challenge the constitutionality of the Massachusetts statutory scheme governing the issuance of FID Cards.