| Title | US District Court Strikes Down New York’s Ban on TASERs and Stun Guns | |
| Date | Sunday March 24 2019, @12:17PM | |
| Author | martyb | |
| Topic | ||
| from the shouldn't-it-be-obvious? dept. | ||
BREAKING: US District Court Strikes Down New York’s Ban on TASERs and Stun Guns
As Judge Hurd wrote . . .
New York’s sweeping prohibition on the possession and use of tasers and stun guns by all citizens for all purposes, even for self-defense in one’s own home, must be declared unconstitutional in light of Heller. To be clear, this conclusion does not foreclose the possibility that some restriction(s) on the possession and/or use of tasers and stun guns would be permissible under the Second Amendment. Other states have already done this. See, e.g., WIS. STAT . § 941.295(2g)(b) (permitting possession of “electric weapon” in home or place of business). New York might consider doing so as well.
Therefore, it is
ORDERED that
1. Plaintiff’s motion for summary judgment is GRANTED;
2. Defendant’s cross-motion for summary judgment is DENIED;
3. New York Penal Law § 265.01(1), as applied to “electronic dart guns” and “electronic stun guns,” is an unconstitutional restriction on the right to bear arms; and
4. Defendant, his officers, agents, servants, employees, and all persons in active concert or participation with the New York State Police are hereby ENJOINED from enforcing New York Penal Law § 265.01(1) as applied to “electronic dart guns” and “electronic stun guns.”
Actual ruling here: https://www.scribd.com/document/402776387/NY-Stun-Gun-Decision (warning, expect javascript to screw with your ability to read the article)
Commentary: Amid the controversy over owning lethal weapons, why wouldn't we want people to have access to non-lethal weapons? Aren't a lot of people likely to purchase a non-lethal weapon, in preference to a lethal weapon? In a high population area, aren't non-lethal weapons preferable?
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printed from SoylentNews, US District Court Strikes Down New York’s Ban on TASERs and Stun Guns on 2024-04-24 02:59:15