Ngo v. Evans

Federal District Court for Massachusetts

Challenge to Boston's refusal to accept a valid US passport as proof of citizenship

Filed September 22, 2014

Ngo v. Evans  seeks declaratory and injunctive relief from the Boston Police Department's policy of refusing to accept valid US passports as proof of US citizenship. 

The Boston Police Department imposes a number of non-statutory requirements on Boston residents who wish to exercise their fundamental rights under the Second Amendment to the US Constitution. While being a citizen is a statutory requirement, Boston PD verification procedure, wholly under their discretion, requires that one produce a US birth Certificate, and since our case Fletcher v. Haas opened up the RKBA to non citizens, naturalization papers. However, this is impossible for some US citizens who were derivatively naturalized (obtained citizenship because their parents were granted citizenship) or who were foreign born but adopted by US citizens. While not a large population relative to the numbers of people who join the ranks of US citizenship each year, they are no less Americans than each of us. Boston PD's policy here infringes upon a class of individual citizen based solely on their origin and is thusly, unconstitutional. 

Updates:

In response to our lawsuit the Boston Police Department changed their policy and will not accept a valid US passport as evidence of US citizenship.  After changing their policy and allowing Mr. Ngo to apply, Boston filed an MTD claiming that the case was moot.  After a hearing on November 6th the court agreed, granting their motion and dismissing our case.

  • 09/22/2014 -- Complaint and TRO
  • 10/14/2014 -- Boston's Motion to Dismiss as Answer to Complaint
  • 10/28/2014 -- Plaintiff's Opposition to Motion to Dismiss. 
  • 11/06/2014 -- Motions Hearing
  • 11/07/2014 -- Defendant's Motion to Dismissed Allowed