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posted by janrinok on Tuesday March 10 2015, @11:28AM   Printer-friendly
from the founding-fathers-didn't-have-tazers dept.

Massachusetts' ban on the private possession of stun guns—an "electrical weapon" under the statute—does not violate the Second Amendment right to bear arms, the state's top court has ruled.

The decision says ( http://cdn.arstechnica.net/wp-content/uploads/2015/03/stungunMA-ruling.pdf ) (PDF) that the US Constitution's framers never envisioned the modern stun-gun device, first patented in 1972. The top court said stun guns are not suitable for military use, and that it did not matter whether state lawmakers have approved the possession of handguns outside the home.

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.

http://arstechnica.com/tech-policy/2015/03/you-have-the-right-to-bear-arms-not-electrical-arms-court-declares/

 
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  • (Score: 3, Funny) by The Mighty Buzzard on Tuesday March 10 2015, @11:50AM

    Damnit, now I gotta go out and get some tazers and I don't even want them. I see no need for non-lethal weapons. Lethal ones work just fine. Damned if I'll let some fascist judge tell me I can't have something though.

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  • (Score: 2, Interesting) by Fauxlosopher on Tuesday March 10 2015, @05:09PM

    by Fauxlosopher (4804) on Tuesday March 10 2015, @05:09PM (#155532) Journal

    That's the attitude I had after learning that the Violent Crime Control and Law Enforcement Act of 1994 (aka "the Assault Weapons Ban") forbade the sale of newly-manufactured normal-sized (11+) magazines... but not used ones! "That's such a stupid way to write a law if those things are so dangerous", I thought to myself, and promptly went out and bought a firearm and multiple old normal capacity magazines for it. That was the trailhead that led me to what I now believe is the truth about US laws that restrict any aspect of arms (pistols, rifles, knives, swords, tasers, grenades, explosives, and certainly at least each and every other man-portable weapon) for free individuals (to include felons who have "paid their debt" and walk free among us): they are ALL illegal [kingsacademy.com] and ALL void [findlaw.com].

    Nice going, half-assed gun control advocates and politicians! While you may ultimately not have gotten away with a complete ban anyway, your illogical compromise approach prompted yet another politically-apathetic person to take notice and ultimately learn that your entire political agenda is illegal.

    • (Score: 3, Interesting) by LoRdTAW on Tuesday March 10 2015, @10:21PM

      by LoRdTAW (3755) on Tuesday March 10 2015, @10:21PM (#155744) Journal

      Sounds like the half baked (which is putting it nicely, and giving too much credit) NY Safe act. My friend owns a Chinese knock-off AK47, an impulse buy after he was discharged from the army. He was oblivious of the NY safe act and its one year grace period for registration. Now it's over two years later and he CAN NOT register his weapon less he face possible criminal charges for failing to register. Huh? If he wants to do the right thing, then why the hell are you punishing him? What is the purpose of a grace period? So we looked into what can be done including selling or giving away the damn thing. He can't sell it since it isn't registered. He also can't transfer it for the same reason. And that even applies to out of state sales or transfers including to a mutual friend in Arizona who is more than willing to take the firearm. So what is he supposed to do? Turn it in and face charges for failing to register? The law is so brain dead it could have only been penned by bureaucrats.

      BUT wait! there is a way for him to keep or sell the weapon. If a weapon is modified, it does not have to be registered. So to get around the dumb law he can modify the weapon so it does not qualify as an "assault rifle". How? Well the law states that any weapon which meets two of the following criteria qualifies it as assault: detachable magazine and one military feature. Strike one for the detachable magazine. Military features: flash hider/muzzle brake, pistol grip stock, thumb hole stock, collapsible and/or folding stock, front handle, bayonet mount, magazine with a >10 round capacity and a few more. So we went over the obvious details and found that the only two military features of his weapon are the thumb hole stock and 30 round magazines. The magazines are easy to get rid of. And we came up with a stupid simple fix for the stock: fill in the thumb hole using some sort of resin or epoxy. Now the weapon is legal and never has to be registered. Hurrah! You see, if you modify the weapon, you don't have to register. And there is no grace period or deadline for modification.

      The law is so toothless that it's laughable. People who registered get to keep their dangerous "assault" weapons. People who didn't register are flying clean under the radar, they can't hunt them down. And there are people who can simply choose to remove a few features and never have to worry about registering at all. The only thing this law did was incriminate law abiding people and earn a few extra votes. The weapons in my opinion are just as deadly and criminals don't obey laws to begin with. So what's the point again? Oh right, votes. This did nothing for the people and only furthers some clown shoe politician's career. Conclusion: Fuck this system.