Summary
holding that Second Amendment applies only to weapons that have reasonable relationship to the preservation or efficiency of a well regulated militia, confers rights as against activity by federal government only, and grants right to the state, not the individual
Summary of this case from Green v. City of PhiladelphiaOpinion
No. 83-1786.
Argued March 7, 1984.
Decided March 23, 1984.
Murrough H. O'Brien, Portland, Me., with whom Dunlap O'Brien, Portland, Me., was on brief, for plaintiff, appellant.
William J. Kayatta, Jr., Portland, Me., with whom Pierce, Atwood, Scribner, Allen, Smith Lancaster, Portland, Me., was on brief, for defendants, appellees.
Appeal from the United States District Court for the District of Maine.
Before CAMPBELL, Chief Judge, and COFFIN and BREYER, Circuit Judges.
Appellant, Peter B. Thomas, argues that the City of Portland, Maine, and various city officials infringed his constitutional rights by denying him a permit to carry a concealed handgun. Established case law makes clear that the federal Constitution grants appellant no right to carry a concealed handgun. See, e.g., United States v. Miller, 307 U.S. 174, 178, 59 S.Ct. 816, 818, 83 L.Ed. 1206 (1939) (second amendment applies only to weapons that have a "reasonable relationship to the preservation or efficiency of a well regulated militia."); United States v. Oakes, 564 F.2d 384, 387 (10th Cir. 1977), cert. denied, 435 U.S. 926, 98 S.Ct. 1493, 55 L.Ed.2d 521 (1978) (same); United States v. Johnson, 497 F.2d 548, 550 (4th Cir. 1974) (same); Presser v. Illinois, 116 U.S. 252, 265, 6 S.Ct. 580, 584, 29 L.Ed. 615 (1886) (second amendment confers rights as against activity by the "federal government only"); Quilici v. Village of Morton Grove, 695 F.2d 261, 269-70 (7th Cir. 1982), cert. denied, ___ U.S. ___, 104 S.Ct. 194, 78 L.Ed.2d 170 (1983) (same); Cases v. United States, 131 F.2d 916, 921 (1st Cir. 1942), cert. denied, 319 U.S. 770, 63 S.Ct. 1431, 87 L.Ed. 1718 (1943) (same); United States v. Warin, 530 F.2d 103, 106 (6th Cir.), cert. denied, 426 U.S. 948, 96 S.Ct. 3168, 49 L.Ed.2d 1185 (1976) (second amendment grants right to the state, not the individual); Stevens v. United States, 440 F.2d 144, 149 (6th Cir. 1971) (same). See Lewis v. United States, 445 U.S. 55, 65 n. 8, 100 S.Ct. 915, 920 n. 8, 63 L.Ed.2d 198 (1980). Principles of res judicata bar appellant's remaining claims against the chief of police. Migra v. Warren City School District Board of Education, ___ U.S. ___, 104 S.Ct. 892, 79 L.Ed.2d 56 (1984). And, the opinion of the magistrate, adopted by the district court, adequately discusses any other of appellant's claims. The judgment of the district court, dismissing appellant's case, is
Affirmed.