Williams v. Puerto Rico

910 F. Supp. 2d 386, 2012 WL 6675356, 2012 U.S. Dist. LEXIS 181402
CourtDistrict Court, D. Puerto Rico
DecidedDecember 21, 2012
DocketCivil No. 12-1218 (FAB)
StatusPublished
Cited by8 cases

This text of 910 F. Supp. 2d 386 (Williams v. Puerto Rico) is published on Counsel Stack Legal Research, covering District Court, D. Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williams v. Puerto Rico, 910 F. Supp. 2d 386, 2012 WL 6675356, 2012 U.S. Dist. LEXIS 181402 (prd 2012).

Opinion

OPINION AND ORDER

FRANCISCO A. BESOSA, District Judge.

Before the Court is the motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) (“Rule 12(b)(6)”) filed by defendants Police Department, Department of Justice, the Commonwealth of Puerto Rico, and the Puerto Rico Superior Court (collectively, “defendants”). (Docket No. 15.) For the reasons discussed below, the Court GRANTS defendants’ motion to dismiss.

I. BACKGROUND

A. Factual & Procedural History

On April 10, 2012, plaintiffs Danny Williams (“Williams”) and Ruben Gonzalez Lora (“Gonzalez”) filed an amended complaint, alleging that Puerto Rico’s Weapons Act of 2000 (“P.R. Weapons Act”), P.R. Laws Ann. tit. 25, §§ 455-460k, is facially invalid pursuant to the Second and Fourteenth Amendments to the United States Constitution. (Docket No. 5.) Plaintiffs seek damages and injunctive relief pursuant to 42 U.S.C. § 1983.

On September 8, 2011, plaintiff Gonzalez, a law student at the Interameriean University in Puerto Rico, requested a permit to carry a weapon pursuant to section 456d of the P.R. Weapons Act. Id. at pp. 3 & 5. Judge Gisela Alfonso Fernandez (“Judge Alfonso”) of the Puerto Rico Superior Court denied plaintiff Gonzalez’s petition after he failed to provide three sworn statements from reputation witnesses, a sworn statement to the effect that he filed his Commonwealth taxes, and a certificate from child support stating that he had no debt. Id. at p. 5. On October 11, 2011, plaintiff Williams, an active duty Coast-guardsman, also requested a permit to carry a weapon pursuant to section 456d. Id. at pp. 3 & 5. Because his application was missing necessary papers — income tax returns and testimony by three reputation witness — Judge Alfonso also denied his petition on November 7, 2011. Id. at p. 5.

In their amended complaint, plaintiffs argue (1) that the Puerto Rico government may not license the right to keep and bear arms, pursuant to the Second Amendment to the U.S. Constitution; (2) that the P.R. Weapons Act discriminates against average citizens and favors certain government officials; (3) that sections 456a and 456d of [389]*389the P.R. Weapons Act unconstitutionally vest uncontrolled discretion in the hands of state officials; and (4) that the filing requirements contained in sections 456a and 456d are unconstitutional. Id. at pp. 6-7.

On July 12, 2012,- defendants filed a motion to dismiss, arguing (1) that neither plaintiff has standing to challenge the constitutionality of section 456a; (2) that plaintiffs fail to establish a violation of the Second and Fourteenth Amendments pursuant to 42 U.S.C. § 1983; and (3) that the P.R. Weapons Act is constitutional under an intermediate scrutiny standard of review.1 (Docket No. 15.) • -

B. Rule 12(b)(6) Standard

Pursuant to Rule 12(b)(6), the Court can dismiss a complaint that fails to state a claim upon which relief can be granted. When assessing whether a plaintiffs complaint provides “fair notice to the defendants” and states “a facially plausible legal claim,” the Court must utilize a two-pronged approach. See Ocasio-Hernandez v. Fortuño-Burset, 640. F.3d 1, 11-12 (1st Cir.2011). First, the Court can disregard statements that “offer legal conclusions couched as fact,” because the plaintiff must do more than “parrot the elements of the cause of action.” Id. at 12. Second, the Court is bound to treat all “properly pled factual allegations” as true and draw all reasonable inferences in the plaintiffs’ favor. Id. The Court must base its determination solely on the material submitted as part of the complaint and expressly incorporated within it. See Alternative Energy, Inc. v. St. Paul Fire and Marine Ins. Co., 267 F.3d 30, 33 (1st Cir.2001).

The factual material pleaded must be sufficient “to raise a right to relief above the speculative level,” and to permit the Court, to “draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. (quoting Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009)). The Supreme Court has held that a plaintiffs pleading must cross “the line between possibility and plausibility.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 577, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). A district court should not attempt to forecast the likelihood of success even if proving the alleged facts is “improbable.” Id. at 556, 127 S.Ct. 1955. A complaint that contains a plausible basis for relief, therefore, “may proceed even if it appears that a recovery is very remote and unlikely.” Id. at 556, 127 S.Ct. 1955 (internal citation omitted). The Court will draw “on its judicial experience and common sense” in evaluating the complaint’s plausibility. Grajales v. P.R. Ports Auth., 682 F.3d 40, 44 (1st Cir.2012) (internal citation omitted).

II. DISCUSSION

The Court addresses in turn the following three arguments contained in defendants’ motion to dismiss: First, that neither plaintiff has standing to challenge the constitutionality of section 456a; second, that plaintiffs fail to establish a violation of the Second and Fourteenth Amendments pursuant to 42 U.S.C. § 1983; and third, that the P.R. Weapons Act is constitutional under an intermediate scrutiny standard of review.

. A. Constitutional Standing

1. Standard

“Article III of the United States Constitution limits the judicial power of the United States to the resolution of cases and controversies.” Valley Forge Christian [390]*390Coll. v. Ams. United for Separation of Church & State, 454 U.S. 464, 471, 102 S.Ct. 752, 70 L.Ed.2d 700 (1982) (internal quotations omitted). A crucial part of the case and controversy limitation on the power of federal courts is the requirement that a plaintiff must have standing to invoke federal jurisdiction. Id. at 471-73, 102 S.Ct. 752. “[SJtanding is a threshold issue” and determines whether a federal court has “the power to hear the case, and whether the putative plaintiff is entitled to have the court decide the merits of the case.” Libertad v. Welch, 53 F.3d 428, 436 (1st Cir.1995) (internal citation omitted). If a plaintiff lacks standing to bring a matter to federal court, a district court lacks jurisdiction to decide the merits of the case and must dismiss the complaint. United States v. AVX Corp., 962 F.2d 108, 113 (1st Cir.1992).

To establish Article III standing, plaintiffs must show that they have a “personal stake in the outcome” of the claim asserted by meeting a three-part test. Pagan v. Calderon, 448 F.3d 16, 27 (1st Cir.2006) (citing Baker v. Carr, 369 U.S. 186, 204, 82 S.Ct.

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Bluebook (online)
910 F. Supp. 2d 386, 2012 WL 6675356, 2012 U.S. Dist. LEXIS 181402, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-puerto-rico-prd-2012.