Massachusetts' ban on the private possession of stun gunsan "electrical weapon" under the statutedoes not violate the Second Amendment right to bear arms, the state's top court has ruled.
The decisionsays(PDF) that the US Constitution's framers never envisioned the modern stun-gun device, first patented in 1972. The top court said stun guns arenot suitable for military use, and that it did not matter whether state lawmakers have approved the possession of handguns outside the home.
Nevertheless, we note that stun guns deliver a charge of up to 50,000 volts. They are designed to incapacitate a target by causing disabling pain, uncontrolled muscular contractions, and general disruption of the central nervous system.... It is difficult to detect clear signs of use and misuse of stun guns, unlike handguns. Stun guns can deliver repeated or prolonged shocks without leaving marks. ...The Legislature rationally could ban their use in the interest of public health, safety, or welfare. Removing from public access devices that can incapacitate, injure, or kill a person by disrupting the central nervous system with minimal detection is a classic legislative basis supporting rationality. It is immaterial that the Legislature has not banned weapons that are more lethal. Mathematical precision by the Legislature is not constitutionally required.
The court, ruling in the case of a Massachusetts woman caught with stun gun, said the stun gun is a "thoroughly modern invention" not protected by the Second Amendment, although handguns are protected.
Moreover, although modern handguns were not in common use at the time of enactment of the Second Amendment, their basic function has not changed: many are readily adaptable to military use in the same way that their predecessors were used prior to the enactment. A stun gun, by contrast, is a thoroughly modern invention. Even were we to view stun guns through a contemporary lens for purposes of our analysis, there is nothing in the record to suggest that they are readily adaptable to use in the military. Indeed, the record indicates "they are ineffective for . . . hunting or target shooting." Because the stun gun that the defendant possessed is both dangerous per se at common law and unusual, but was not in common use at the time of the enactment of the Second Amendment, we conclude that stun guns fall outside the protection of the Second Amendment.
The decision, the most recent analysis of the Second Amendment by any top court, comes as all types of and manner of weapons are being constructed at home via 3D printing technology. The latest showdown about those weapons surfaced last month, when FedEx refused to ship a box that makes homemade metal semi-automatic rifles.
The Massachusetts case, decided last week, concernedJaime Caetano, who lives in one of five states making it illegal for private citizens to posses stun guns. She appealed her 2013 conviction, on Second Amendment and self-defense grounds, claiming she had a right to the weapon to protect herself from what she said was an abusive father of her children. The penalty for breaching the law carries up to a 2.5-year maximum jail term. She was caught with the device outside a grocery store after allowing the authorities, who were looking for a shoplifter, to search her purse.
The law in question, the court said, forbids the private possession of a"portable device or weapon from which an electrical current, impulse, wave or beam may be directed, which current, impulse, wave or beam is designed to incapacitate temporarily, injure or kill" except by specified public officers or suppliers of such devices, if possession is "necessary to the supply or sale of the device or weapon" to agencies utilizing it.
In2008, the US Supreme Court, in a decision known as Heller(PDF), overturned a District of Columbia statute and ruled that a banon handgun possession in the home violates the Second Amendment, as does its prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense." Now, every state allows people to carry weapons of sorts, some with or without permits.
The Massachusetts top court concluded that the woman could have applied for a permit to carry a concealed weapon, like a handgun instead.
View post:
You have the right to bear arms, not electrical arms, court declares
- The Second Amendment was ratified to preserve slavery - July 12th, 2016 [July 12th, 2016]
- Minn. police shooting reignites debate over Second Amendment ... - July 12th, 2016 [July 12th, 2016]
- The Right to Bear Arms - July 12th, 2016 [July 12th, 2016]
- Second Amendment Basics | Law Center to Prevent Gun Violence - July 3rd, 2016 [July 3rd, 2016]
- The Second Amendment, the Bill of Rights, and the ... - June 25th, 2016 [June 25th, 2016]
- The Second Amendment Is About Revolution - June 25th, 2016 [June 25th, 2016]
- Don't Bank On The Supreme Court To Clarify The Second ... - June 16th, 2016 [June 16th, 2016]
- Why It's Time to Repeal the Second Amendment - June 14th, 2016 [June 14th, 2016]
- there is no Second Amendment protection for ... - cnn.com - June 10th, 2016 [June 10th, 2016]
- Hillary Clinton wavers on Second Amendment right to bear arms ... - June 7th, 2016 [June 7th, 2016]
- Politics & 2nd Amendment Archives - Guns.com - May 25th, 2016 [May 25th, 2016]
- Second Amendment - lawbrain.com - May 20th, 2016 [May 20th, 2016]
- Second Amendment Sports - Bakersfield, CA - Yelp - April 18th, 2016 [April 18th, 2016]
- Second Amendment - Conservapedia - October 20th, 2015 [October 20th, 2015]
- Second Amendment | Fox News - October 20th, 2015 [October 20th, 2015]
- The Second Amendment Is a Gun-Control Amendment - October 4th, 2015 [October 4th, 2015]
- Clinton at private fundraiser: SCOTUS is wrong about the ... - October 4th, 2015 [October 4th, 2015]
- Obama Mocks Second Amendment Supporters For Crack Pot ... - October 4th, 2015 [October 4th, 2015]
- Second Amendment - September 25th, 2015 [September 25th, 2015]
- 7th Circuit Court: Illegal Immigrants Have Second ... - August 29th, 2015 [August 29th, 2015]
- Court Rules Illegal Aliens Have Second Amendment Rights ... - August 27th, 2015 [August 27th, 2015]
- Second Amendment - Text, Origins, and Meaning - July 12th, 2015 [July 12th, 2015]
- Second Amendment : Pictures, Videos, Breaking News - July 9th, 2015 [July 9th, 2015]
- Twenty-second Amendment to the United States Constitution - May 30th, 2015 [May 30th, 2015]
- Second Amendment | Wex Legal Dictionary / Encyclopedia ... - May 28th, 2015 [May 28th, 2015]
- Brantley Gilbert Inks His Love For The Second Amendment ... - May 13th, 2015 [May 13th, 2015]
- 2nd Amendment advocates push to repeal switchblade, other ... - May 12th, 2015 [May 12th, 2015]
- 2015 NRA Convention Interview with Michigan 2nd Amendment Supporters - Video - April 14th, 2015 [April 14th, 2015]
- Second Amendment Youth Leadership Conference Wrap-Up - Video - April 14th, 2015 [April 14th, 2015]
- PASTOR SAYS BLACKS NEED TO GET GUNS AND FIGHT BACK - Video - April 14th, 2015 [April 14th, 2015]
- Second Amendment - Web Mashup for Second, Amendment ... - April 14th, 2015 [April 14th, 2015]
- Six takeaways from the NRA convention - April 13th, 2015 [April 13th, 2015]
- More than 70,000 people attended event - April 13th, 2015 [April 13th, 2015]
- RIGHT TO BEAR ARMS? Police grabs of legal guns on the rise across US - April 13th, 2015 [April 13th, 2015]
- The Death of the Second Amendment - Video - April 12th, 2015 [April 12th, 2015]
- Ben Carson Speaks on Second Amendment at NRA Leadership Forum - Video - April 12th, 2015 [April 12th, 2015]
- As Scott Walker addresses NRA, concealed carry vote criticized - April 12th, 2015 [April 12th, 2015]
- GUN RIGHTS UNDER FIRE Illegal police grabs of legal firearms rising nationwide - April 12th, 2015 [April 12th, 2015]
- Colt 1911 Gold Cup Pistol for Sale - Video - April 11th, 2015 [April 11th, 2015]
- Some Conservative Lawmakers Working To Roll Back Gun Restrictions - Second Amendment - Video - April 11th, 2015 [April 11th, 2015]
- Teaching the Bill of Rights: The Second Amendment - Part One - Video - April 11th, 2015 [April 11th, 2015]
- SUNSET ON THE SECOND AMENDMENT 1080p - Video - April 11th, 2015 [April 11th, 2015]
- Donald Rumsfeld, former Secretary of Defense - Video - April 11th, 2015 [April 11th, 2015]
- GOP hopefuls flock to NRA cattle call - April 11th, 2015 [April 11th, 2015]
- Nevada Panel OKs Bill to Create Pro-Second Amendment License Plates - April 11th, 2015 [April 11th, 2015]
- NRA wants more than 'Second Amendment' - April 11th, 2015 [April 11th, 2015]
- Is encryption the Second Amendment for the Internet? - April 11th, 2015 [April 11th, 2015]
- Rand Paul calls NRA snub 'petty' - April 11th, 2015 [April 11th, 2015]
- The truth about the NRA's snub of Rand Paul - April 11th, 2015 [April 11th, 2015]
- Backing Out Sun Trust Bank Terminates Gun Shop's Accounts Second Amendment Fox & Friends - Video - April 8th, 2015 [April 8th, 2015]
- 2nd Amendment Keychain - RTBA - Video - April 8th, 2015 [April 8th, 2015]
- Dr. Rand Paul on the Second Amendment - Video - April 8th, 2015 [April 8th, 2015]
- 4.7.15 | Second Scoop: Justice in Jersey, Detroit's Top Cop & CCW, Clear Channel Controversy - Video - April 8th, 2015 [April 8th, 2015]
- Second Amendment Foundation Takes Case Of Arizona Navy Vet ... - April 8th, 2015 [April 8th, 2015]
- State GOP lawmakers look to roll back gun restrictions after midterm wins - VIDEO: Pols work to roll back gun ... - April 8th, 2015 [April 8th, 2015]
- NRA Convention Coming To Nashville This Week - April 8th, 2015 [April 8th, 2015]
- Two Charter Amendments to Be Voted on During Dundee Election - April 7th, 2015 [April 7th, 2015]
- State GOP lawmakers working to roll back gun restrictions after midterm wins - April 7th, 2015 [April 7th, 2015]
- GUN RIGHTS BATTLES GOP state legislators seek to ease gun codes - April 7th, 2015 [April 7th, 2015]
- SAF Takes Case of Arizona Navy Vet Whose Guns Were Seized - April 7th, 2015 [April 7th, 2015]
- Second Amendment Hoodie | Spreadshirt | ID: 101726003 - April 5th, 2015 [April 5th, 2015]
- Colt Commander Pistol for Sale - Video - April 3rd, 2015 [April 3rd, 2015]
- SCLC calling on blacks to Exercise Second Amendment Rights - Video - April 3rd, 2015 [April 3rd, 2015]
- District Drops Appeal Of SAF Concealed Carry Victory - April 3rd, 2015 [April 3rd, 2015]
- SCLC president suspended after comments regarding 2nd Amendment - April 3rd, 2015 [April 3rd, 2015]
- BladeFit and 2A Rights. Second Amendment rules! - Video - April 2nd, 2015 [April 2nd, 2015]
- SCLC suspends Georgia Chapter President for call to bear arms - April 2nd, 2015 [April 2nd, 2015]
- SCLC calling on blacks to "Exercise Second Amendment Rights" - March 31st, 2015 [March 31st, 2015]
- House approves amended re-homing bill - March 31st, 2015 [March 31st, 2015]
- David Mierswa Second Amendment Part 2 - Video - March 29th, 2015 [March 29th, 2015]
- Second Amendment in the 21st Century / New York Ideas 2014 - Video - March 29th, 2015 [March 29th, 2015]
- Campus Carry Talk, How the Second Amendment Applies to Campus Carry - Video - March 29th, 2015 [March 29th, 2015]
- Bearing ArmsRubio, Jordan File "Second Amendment ... - March 29th, 2015 [March 29th, 2015]
- Sen. Rubio, Rep. Jordan propose repealing D.C. gun control laws - March 28th, 2015 [March 28th, 2015]
- SD Attorney General Urges ATF to Respect Second Amendment - Video - March 27th, 2015 [March 27th, 2015]
- The second amendment explained to #gunsense supporters - Video - March 27th, 2015 [March 27th, 2015]
- Who's Going After D.C.'s Gun Laws? Marco Rubio Edition. - March 27th, 2015 [March 27th, 2015]
- Giveaway Prizes for April 7 2015 - Video - March 26th, 2015 [March 26th, 2015]
- Rant on guns - Video - March 26th, 2015 [March 26th, 2015]
- Second Amendment Shirts - Video - March 25th, 2015 [March 25th, 2015]