Fletcher v. Haas
2012 U.S. Dist. LEXIS 44623
| D. Mass. | 2012Background
- This case asks whether lawful permanent resident aliens have the Second Amendment right to bear arms.
- Massachusetts regulates firearms through a licensing regime that generally bars aliens from firearm ID cards or carry licenses, with two exceptions: resident alien permits for rifles/shotguns and temporary licenses for competition.
- Plaintiffs Fletcher and Pryal are lawful permanent resident aliens in MA who were denied self-defense firearms licenses.
- SAF and CSA are organizations claiming to represent members who are lawfully admitted aliens, while defendants are municipal police chiefs and the state firearms records director who issue licenses.
- The court dismisses the organizations for lack of standing and grants Fletcher and Pryal summary judgment on their Second Amendment claim as applied, leaving facial challenges and some other issues to be addressed later.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Do SAF and CSA have standing to sue? | SAF/CSA claim members are lawfully admitted aliens | No member identified with standing; organizations lack injury | No standing; claims dismissed for lack of standing |
| Does the Second Amendment protect lawful permanent residents? | LPRs are part of the people and protected | Heller confines protection to citizens | Yes; LPRs have Second Amendment protection as applied to these plaintiffs |
| Is the Massachusetts regime constitutional as applied to Fletcher and Pryal? | Regime burden is unlawful restraint on core right | Regime serves important government interest and is suitably tailored | Unconstitutional as applied; summary judgment for Fletcher and Pryal |
| Is there preemption by federal immigration regulation? | Mass. regime conflicts with federal authority over aliens | No direct conflict; state regulation permissible if consistent with Second Amendment | Not preempted; brief discussion noted; focus remains on Second Amendment application |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (2008) (recognizes a private right to bear arms and discusses scope of regulation)
- United States v. Verdugo-Urquidez, 494 U.S. 259 (1990) (defines 'the people' with an emphasis on connection to the United States)
- McDonald v. City of Chicago, U.S. 130 S. Ct. 3020 (2010) (incorporation of the Second Amendment against the states; discussion of citizenship language)
- Kwong Hai Chew v. Colding, 344 U.S. 590 (1953) (aliens lawful permanent residents receive constitutional protection; connection requirement)