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Hightower v. Boston (MA)

Hightower v. City of Boston is the first case brought in federal court that directly challenges a police chief's arbitrary authority to deny someone a license to possess a handgun and the fundamental individual right to keep and bear arms.

Until August of 2008 the plaintiff, Stacey Hightower, was a veteran police officer for the City of Boston.  Following her resignation from the Boston Police Department her License to Carry was revoked and her personally owned handgun was confiscated by the Boston Police.  Ms. Hightower has never been charged with or convicted of any crime, and is not disqualified under any statue from possessing firearms.  Yet, the Boston Police revoked her LTC and confiscated her personal firearm without any hearing or other form of due process.  This action alleges that the Police Commissioner of Boston and the State of Massachusetts is preventing Ms. Hightower from exercising the fundamental individual right to keep and bear arms by requiring her to maintain a license that is issued at the discretion of the defendants.

In addition to Comm2A, this case is supported by the Second Amendment Foundation, Inc.  Chester Darling and Alan Gura are the plaintiff's attorneys.

Please consider helping plaintiffs like Stacey Hightower by donating to Comm2A.org.

Court: Federal District Court for Massachusetts

Updates:

  • Docket
  • 03/23/09 - First Amended Complaint
  • 05/26/09 - Answer to First Amended Complaint
  • 05/28/09 - Amended Answer to Complaint
  • 10/16/09 - Case stayed pending McDonald
  • 11/20/10 - Case reopened
  • 12/14/10 - Pretrial Conference
  • 01/31/11 - Plaintiff's MSJ
  • 04/21/11 - Commonwealth's Opposition and Cross Motion
  • 04/22/11 - Defendant Boston's Opposition and Cross Motion
  • 05/06/11 - Plaintiff's Opposition to Commonwealth's Cross Motion
  • 05/12/11 - Plaintiff's Opposition to Defendant Boston's Cross Motion
  • 06/21/11 - Oral Arguments - case submitted!
  • 09/29/11 - MAFDC Decision released.
  • 10/26/11 - Notice of Appeal Filed.
  • 11/02/11 - Appeal Docketed in 1st Circuit Court of Appeals (11-2281)
  • 02/07/12 - Appellant's Brief Filed in 1st Circuit Court of Appeals (11-2281)
  • 04/11/12 - Appellee Brief - Commonwealth of Massachusetts
  • 04/13/12 - Appellee Brief - City of Boston
  • 04/19/12 - Amicus Brief - Legal Community Against Violence (LCAV)
  • 04/30/12 - Appellant's Reply Brief Filed
 
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