SCOTUS strikes down ban on stun guns

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SCOTUS strikes down ban on stun guns

Postby newportri » Tue Mar 22, 2016 6:24 pm

Interesting case out SCOTUS brought on by the Comm2A.

Interesting, to say the least, interpretation of the Second Amendment by the SJC (MA)...

The Massachusetts Supreme Judicial Court affirmed the conviction, holding thata stun gun “is not the type of weapon that is eligible for Second Amendment protection” because it was “not in common use at the time of [the Second Amendment’s]enactment.” 470 Mass., at 781, 26 N. E. 3d, at 693.
This reasoning defies our decision in Heller, which rejected as “bordering on the frivolous” the argument “that only those arms in existence in the 18th century are protected by the Second Amendment.”


The Supreme Judicial Court then affirmed her conviction on the flimsiest of grounds.

The applied three tests (are they commonly available, are they dangerous and unusual, are they readily adaptable for military use). I wonder how these tests would apply if were talking about an AR-15? Eventually I think we will see an AWB case in the SCOTUS..

http://www.supremecourt.gov/orders/cour ... r_h3ci.pdf (starts on page 15).

Maybe we can overturn the ban of stun guns in RI as well as a bunch of other "weapons" in 11-47-42..
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Re: SCOTUS strikes down ban on stun guns

Postby RImike » Tue Mar 22, 2016 6:55 pm

The interestnig question is do "arms" extend not only to the firearm itself, but also their accessories?

and everyone is at the State House for the rally and I am stuck at work, :roll:
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Re: SCOTUS strikes down ban on stun guns

Postby Garys » Tue Mar 22, 2016 7:13 pm

A clarification. Comm2A did not initiate this case, they were one of the organizations filings an Amicus brief with the Court.

This was an appeal of a criminal appeal and most of the hard work was done by Caetano's public defender.

It's potentially a big win for the MA residents. A lot will depend on what the MA Supreme Judicial Court does in the way of further proceeding "not inconsistent" with the Per Curiam order by the Supreme Court.
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Re: SCOTUS strikes down ban on stun guns

Postby RImike » Fri Mar 25, 2016 12:28 pm

Since "stun guns" are also banned here in RI, what implication does that have here?
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Re: SCOTUS strikes down ban on stun guns

Postby newportri » Fri Mar 25, 2016 1:41 pm

Stun guns are still banned, but if you were convicted of having one the defense would have a good argument. The RI statute should be updated to reflect the SCOTUS opinion, but that's for another session I think. While we are at it, we should also strike some of the other "weapons" in the statute since they would also most likely be considered un-constitutional.
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Re: SCOTUS strikes down ban on stun guns

Postby rijohng » Fri Mar 25, 2016 3:11 pm

I've always been intrigued by the ban on stun guns. Is it a general fear of self-defense? Or is it a case of banning various items arbitrarily, based on some legislator's person pet peeve?
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