While the full scope of the Second Amendment has yet to be determined in this circuit, First Circuit courts have nevertheless identified the core Second Amendment right of self defense in the home, and they have also plainly established certain conduct that is unprotected by the Second Amendment. Plaintiffs in the instant case contest restrictions on their licenses to Case 1:16-cv-10181-FDS Document 28 Filed 01/27/17 2 carry firearms (“licenses”), but even with these restrictions, Plaintiffs’ licenses fully protect their core Second Amendment rights. What is more, Plaintiffs assert a right to unrestricted Class A licenses, which would permit them to carry concealed firearms in public and possess highcapacity firearms. Courts have held that neither of these activities is protected by the Second Amendment.1
Therefore, although the scope of the Second Amendment outside the home, if any, has not been determined, case law provides sufficient ground upon which the Court can conclusively deny the Second Amendment claims in this case. Plaintiffs’ equal protection and due process arguments likewise fail for reasons described more fully below. Finally, none of Plaintiffs’ claims are ripe because there is no allegation that Plaintiffs have exhausted their remedies under Mass. Gen. Laws c. 140, § 131. For all these reasons, Commissioner Evans respectfully requests that the Court dismiss with prejudice all Plaintiffs’ claims against him.
![[popcorn]](/xen/styles/default/xenforo/smilies.vb/043.gif "Popcorn [popcorn]")
![[sad]](/xen/styles/default/xenforo/smilies.vb/004.gif "Sad [sad]")
