Hamilton v. Pallozzi

165 F. Supp. 3d 315, 2016 WL 640773, 2016 U.S. Dist. LEXIS 19428
CourtDistrict Court, D. Maryland
DecidedFebruary 18, 2016
DocketCIVIL NO. JKB-15-2142
StatusPublished
Cited by6 cases

This text of 165 F. Supp. 3d 315 (Hamilton v. Pallozzi) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hamilton v. Pallozzi, 165 F. Supp. 3d 315, 2016 WL 640773, 2016 U.S. Dist. LEXIS 19428 (D. Md. 2016).

Opinion

MEMORANDUM

James K. Bredar, United States District Judge

James Hamilton (“Plaintiff”) brought an action under 42 U.S.C. § 1983 against William L. Pallozzi in his official capacity as Superintendent of the Maryland State Police (“MSP”), and against Brian E. Frosh in his official capacity as Attorney General of Maryland (collectively, “Defendants”). Plaintiff challenges the constitutionality of certain Maryland statutes that Defendants are charged with enforcing; Plaintiff alleges that these statutes, as applied to him, violate his Second Amendment rights.

Now pending before the Court is Defendants’ Motion to Dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. (ECF No. 7.) Also pending is Plaintiffs’ Motion for Summary Judgment pursuant to Rule 56. (ECF No. 11.) The [318]*318issues have been briefed, and no hearing is required, see Local Rule 105.6 (D. Md. 2014). For the reasons explained below, Plaintiffs Motion will be DENIED, and Defendants’ Motion will be GRANTED.

I. Background1

Plaintiff, a Maryland resident, was convicted in November 2006 in Rockbridge County, Virginia, of three felony offenses: credit-card theft in violation of Va. Code Ann. § 18.2-192; credit-card forgery in violation of Va. Code Ann. § 18.2-193; and credit-card fraud in violation of Va. Code Ann. § 18.2-195. (ECF No. 1 ¶¶ 1, 9.) Plaintiff received a four-year suspended sentence, and he paid restitution and court costs totaling $2337.90. (Id. ¶ 9.) Although Plaintiffs felony convictions triggered forfeiture of certain of his political rights in Virginia, those rights were restored in 2013 and 2014. (Id. ¶¶ 9-11.)2

According to Plaintiff, in the years following his convictions he has become a “responsible, law-abiding American citizen.” (Id. ¶ 15.)3 A married father of three children, he serves as head coach of a junior-league wrestling team; he is also an armed security officer registered with the Virginia Department of Criminal Justice Services. (Id. ¶¶ 13-14.) In spite of his past crimes, Plaintiff alleges that he has “no history of violent behavior.” (Id. ¶ 15.) He wishes to obtain a handgun and a long gun, ostensibly for self-defense purposes within his Maryland home. Unfortunately for Plaintiff, he is barred from possessing such weapons due to the operation of certain Maryland statutes (collectively, “Firearms Prohibitions”). Specifically, Md. Code Ann., Pub. Safety § 5433(b)(1) prohibits any person who has been convicted of a “disqualifying crime” from possessing a “regulated firearm,”4 while § 5-205(b)(l) forbids any person who has been convicted of such a crime from possessing a rifle or shotgun. The glossary accompanying these statutes defines “disqualifying crime” to include any offense that is classified as a felony in Maryland. § 5401(g)(2). Two of Plaintiffs Virginia convictions fit within this rubric.5 Possession of a restricted [319]*319weapon in violation of the Firearms Prohibitions is a misdemeanor, punishable by a fíne and/or incarceration. See §§ 5-144(b), -205(d).

At some unspecified point, Plaintiff contacted the MSP Licensing Division to request a Handgun Wear and Carry Permit. (ECF No. 1 ¶ 20.) Plaintiff was advised that, due to his disqualifying convictions, he cannot possess a firearm in Maryland unless he first obtains a full pardon from the Governor of Virginia. (Id) Subsequently, on July 22, 2015, Plaintiff filed the present action under 42 U.S.C. § 1983, claiming that enforcement of the Firearms Prohibitions violates his Second and Fourteenth Amendment rights on an as-applied basis.6 Plaintiff seeks declaratory and in-junctive relief, as well as costs and attorneys’ fees.

On October 6, 2015, Defendants moved to dismiss. (ECF No. 7.) Plaintiff filed a response in opposition (ECF No. 10); thereafter, Defendants did not reply within the period prescribed by Local Rule 105.2(a) (D. Md. 2014). Then, on October 26, 2015, Plaintiff moved for summary judgment. (ECF No. 11.) Plaintiffs summary-judgment motion is fully briefed (ECF Nos. 11-1, 14 & 18), and both motions are ripe for decision.

II. Standard of Review Under Rule 12(b)(6)7

A complaint must contain “sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’ ” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937,173 L.Ed.2d 868 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). In analyzing a Rule 12(b)(6) motion, the Court views all well-pleaded allegations in the light most favorable to the plaintiff. Ibarra v. United States, 120 F.3d 472, 474 (4th Cir.1997). Nevertheless, “[flactual allegations must be enough to raise a right to relief above the speculative level.” Twombly, 550 U.S. at 555, 127 S.Ct. 1955. In conducting its analysis, the Court “need not accept legal conclusions couched as facts or ‘unwarranted inferences, unreasonable conclusions, or arguments.’ ” Wag More Dogs, LLC v. Cozart, 680 F.3d 359, 365 (4th Cir.2012) (quoting Giarratano v. Johnson, 521 F.3d 298, 302 (4th Cir.2008)).

III. Analysis

A. Constitutional Standing and Ripeness

Before turning to the merits of Plaintiffs § 1983 claim, the Court must [320]*320address a justiciability concern that Defendants first raised in their response to Plaintiffs Motion for Summary Judgment.8 Defendants contend that “Plaintiffs claim is not ripe for adjudication because [he] has not even applied to obtain a handgun carry permit or handgun qualification license and ... Defendants have taken no action ... against Plaintiff.” (ECF No. 14 at 5.)

Federal courts are courts of limited jurisdiction, the contours of which are circumscribed by the case-or-controversy requirement of Article III. The doctrines of. constitutional standing and ripeness are integral components of that requirement. To establish standing, “(1) the plaintiff must allege that he or she suffered an actual or threatened injury that is not conjectural or hypothetical!;] (2) the injury must be fairly traceable to the challenged conduct; and (3) a favorable decision must be likely to redress the injury.” Miller v. Brown, 462 F.3d 312, 316 (4th Cir.2006). In the context of a preenforcement challenge to a penal statute, a litigant may satisfy constitutional standing where (1) the litigant alleges “an intention to engage in a course of conduct arguably affected with a constitutional interest” but (2) there exists a “credible threat of prosecution” under the challenged law. W. Va. Citizens Def. League, Inc. v.

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Cite This Page — Counsel Stack

Bluebook (online)
165 F. Supp. 3d 315, 2016 WL 640773, 2016 U.S. Dist. LEXIS 19428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamilton-v-pallozzi-mdd-2016.