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Stacey Hightower v. City of Boston; Edward Davis, Boston Police Commissioner; Commonwealth

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Before Lynch, Chief Judge, Lipez and Thompson, Circuit Judges.

This case presents an as-applied and a purported facial attack on the Massachusetts statutory and administrative scheme for revoking licenses for the carrying of firearms. The district court entered summary judgment dismissing the claims. Hightower v. City of Boston, 822 F. Supp. 2d 38, 65-66 (D. Mass. 2011).

Stacey Hightower is a former Boston Police officer who, during many of her years of service from 1998 to 2008, had a broad Class A license which permitted her to carry and to conceal a large capacity firearm, in addition to her Boston Police Department (BPD) service gun. Shortly after her resignation from the BPD, her license was revoked because the BPD determined that she had inaccurately answered a question on her license renewal form. The question was whether she had any complaints or charges pending against her. After the revocation, she neither invoked her right to judicial review nor sought a more limited license which would have entitled her to carry her small handgun.

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