of Issuance 7/5/2017
FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
MASSACHUSETTS [Hon. Timothy S. Hillman, U.S. District
Steven Foley, for appellant. Janelle M. Austin, with whom
Brian W. Riley and KP Law, P.C. were on brief, for appellee
E. Kobick, Assistant Attorney General, Government Bureau,
with whom Maura Healey, Attorney General of Massachusetts,
was on brief, for appellee Commonwealth of Massachusetts.
Torruella, Kayatta, and Barron, Circuit Judges.
TORRUELLA, Circuit Judge.
Alfred Morin ("Morin") applied to renew his Class A
License to Carry ("Class A License").Mark Leahy
("Leahy"), Chief of Police of the Town of
Northborough, denied Morin's application, because
Morin's two prior convictions for firearms-related
misdemeanors barred him from obtaining a Class A License
under Massachusetts law. Morin brings an as-applied
constitutional challenge, arguing that Massachusetts law
infringes on his Second Amendment right as a
"law-abiding, responsible citizen to use arms in
defense of hearth and home." District of Columbia v.
Heller, 554 U.S. 570, 635 (2008). Morin also brings
a claim for declaratory and injunctive relief under 42 U.S.C.
§ 1983 ("§ 1983") against Leahy, seeking
issuance of a Class A License. Morin's constitutional
argument fails, however, because a Firearm Identification
Card ("FID Card"),  in conjunction with a permit to
purchase, allows one to acquire a firearm and to possess it
in one's home, and thus to exercise the Second Amendment
rights at issue in the present case. The denial of a Class A
License therefore does not implicate Morin's Second
Amendment right to possess a firearm in his home for
self-defense, which is the only Second Amendment right he has
asserted in this litigation. Because Morin has failed to show
a constitutional violation, his § 1983 claim fails as
also challenges the constitutionality of the Massachusetts
statutory scheme that governs the issuance of FID Cards,
because, as the parties agree, due to his prior convictions
he will also be denied a FID Card if he were to apply for
one.However, Morin lacks standing to bring such
a challenge, because he has not applied for a FID Card, and
has thus not been denied one. Therefore, we affirm the
decision of the district court.
2004, Morin drove from Massachusetts to Washington, D.C.,
where he attempted to visit the Smithsonian National Museum
of Natural History. Upon seeing a sign outside the museum
indicating that firearms were not allowed into the museum,
Morin approached a security guard to check his gun for which
he had a Massachusetts Class A License. The
security guard called the police who then arrested
Morin. Morin later pled guilty to attempted
carrying of a firearm without a license, D.C. Code §
22-103 (2004), and possession of an unregistered firearm,
D.C. Code § 6-2376 (2004). At the time, both violations were
misdemeanor offenses under D.C. law. Morin
otherwise has no criminal record.
2008, Morin sought to renew his Class A License with the
Northborough Police Department. Morin incorrectly answered in
the negative a question regarding past convictions for
firearm violations. The Northborough Police Department,
through a standard fingerprint check, learned of Morin's
convictions in D.C. Leahy denied Morin's application
because, due to Morin's prior convictions, Leahy was
statutorily barred from issuing a Class A License to Morin.
Mass. Gen. Laws ch. 140, § 131(d)(ii)(D), (k). Morin
filed a new application for a Class A License in 2015, this
time correctly answering the question regarding past firearm
violations. Leahy again denied Morin's application due to
Morin's prior convictions.
filed suit against Leahy on March 25, 2015, arguing that
Leahy's denial of Morin's application for a Class A
License violated his constitutionally protected right to
possess a firearm for self-defense within the home, and
seeking declaratory and injunctive relief under §
1983. Morin argued that the statutory
subsection requiring the denial of his applications, Mass.
Gen. Laws ch. 140, § 131(d)(ii)(D), violated the Second
Amendment of the United States Constitution both facially and
as applied to him. On August 12, 2015, the Commonwealth of
Massachusetts intervened in the case. The
parties filed cross-motions for summary judgment.
18, 2016, the district court granted the Commonwealth's
cross-motion for summary judgment. The district court denied
Morin's as-applied challenge because Morin only applied
for the least restrictive Class A License and did not apply
for a more restrictive license, such as a Class B License to
Carry ("Class B License") or a FID
Card. These alternatives would allow one to have
a gun within one's home in accordance with the Second
Amendment right of "law-abiding, responsible
citizens" to defend "hearth and home."
Heller, 554 U.S. at 635. The district court also
concluded that "Morin's facial challenge cannot be
maintained, because his own situation presents a set of
circumstances in which the application of section
131(d)(ii)(D) is constitutional."
an unsuccessful motion to alter or amend the district
court's judgment, Morin filed a timely notice of appeal,