GOULD v. MORGAN

No. 17-2202.

907 F.3d 659 (2018)

Michael GOULD, et al., Plaintiffs, Appellants, v. Mark MORGAN, in his Official Capacity as Acting Chief of the Brookline Police Department; William G. Gross, in his Official Capacity as Commissioner of the Boston Police Department; and Commonwealth of Massachusetts Office of the Attorney General, Defendants, Appellees.

United States Court of Appeals, First Circuit.

November 2, 2018.


Attorney(s) appearing for the Case

David H. Thompson , with whom Peter A. Patterson , John D. Ohlendorf , Cooper & Kirk, PLLC, David D. Jensen , and David Jensen PLLC were on brief, for appellants.

Stephen P. Halbrook , John Parker Sweeney , James W. Porter, III , T. Sky Woodward , and Bradley Arant Boult Cummings LLP on brief for National Rifle Association of America, Inc., amicus curiae.

Mark Brnovich , Attorney General of Arizona, Oramel H. (O.H.) Skinner , Chief of Government Accountability & Special Litigation, Dominic E. Draye , Solicitor General, and Angela Kebric Paton , Assistant Solicitor General, Arizona Attorney General's Office, on brief for states of Arizona, Alabama, Arkansas, Georgia, Idaho, Indiana, Louisiana, Michigan, Missouri, Montana, Nebraska, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia, Wisconsin, and Wyoming, amici curiae.

Matthew M. McGarry , Assistant Corporation Counsel, City of Boston Law Department, with whom Peter M. Geraghty , Assistant Corporation Counsel, Office of Legal Advisor, Boston Police Department, was on brief, for appellee Evans.

Jonathan E. Taylor , with whom John Buchheit , Office of Town Counsel, Deepak Gupta , and Gupta Wessler PLLC were on brief, for appellee Morgan.

Timothy J. Casey , Assistant Attorney General, Government Bureau, with whom Maura Healey , Attorney General, was on brief, for appellee Massachusetts Office of the Attorney General.

Gurbir S. Grewal , Attorney General of New Jersey, Andrew J. Bruck , Executive Assistant Attorney General, Jeremy M. Feigenbaum , Assistant Attorney General, Claudia Joy DeMitro and Adam D. Klein , Deputy Attorneys General, on brief, for states of New Jersey, California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maryland, New York, Rhode Island, and Virginia, and District of Columbia, amici curiae.

E. Ross Cohen , Mark C. Fleming , Tasha J. Bahal , and Wilmer Cutler Pickering Hale and Dorr LLP on brief for Everytown for Gun Safety, amicus curiae.

Ira M. Feinberg , Shaun M. Donnelly , and Hogan Lovells US LLP on brief for various Professors of History and Constitutional Law, amici curiae.

Simon J. Frankel , Nandini Singh , Allison M. Whelan , Covington & Burling LLP, J. Adam Skaggs , and Hannah Shearer on brief for Giffords Law Center to Prevent Gun Violence, amicus curiae.

Antonio J. Perez-Marques , David B. Toscano , Kevin Osowski , Sushila Rao , Anne Burton-Walsh , and Davis Polk & Wardwell LLP for Prosecutors Against Gun Violence, amicus curiae.

Before Thompson, Selya, and Kayatta, Circuit Judges.


This case involves a constitutional challenge to the Massachusetts firearms licensing statute, as implemented in the communities of Boston and Brookline. All of the individual plaintiffs sought and received licenses from one of those two communities to carry firearms in public. The licenses, though, were restricted: they allowed...

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