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Old November 17, 2016, 11:04 AM   #1
NJgunowner
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NJ admits stun gun ban unconstitional

Well NJ2AS scored a small victory in NJ.

"The Supreme Court of the United States recently
suggested that stun guns fall under the ambit of the Second Amendment of the United States Constitution. See Caetano v. Massachussetts, 577 U.S. ____, 136 S. Ct. 1027, 1027-1028 (2016). Thus, Defendants recognize that an outright ban on the possession of stun guns within a state, regardless of the contextual circumstances surrounding any such possession, would likely not pass constitutional muster."

So long story short the NJ attorney general conceded that NJ's ban of stun guns and tasers was an overreach. I am NOT sure this is going to be that big of win though, as NJ will still block the carrying of these devices and require permits to buy them (same as they do pistols currently unless they surprise me). As I recall the ban came about because they were being used to stun and rob people in some of our cities.

To be honest I'm not really sure where I"m going with this, I'm hoping NJ will allow some form of carry with these devices that isn't as restricted as a firearm concealed license (which is impossible to get unless you're The Donald)

Do any other states ban these devices? Currently I don't think they legally have a leg stand on if they do.
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Old November 17, 2016, 12:14 PM   #2
carguychris
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IIRC there is a ban still on the books in MA but its enforceability is questionable.

[EDIT TO ADD:] I found the citation. On March 21, the SCOTUS vacated a MA Supreme Judicial Court decision in Caetano v. Massachusetts by invalidating the state's argument that stun guns categorically fall outside 2A protection; however, the state chose to drop the charges rather than appeal, so the law itself was technically not invalidated. IOW the state folded rather than playing their losing hand, but they're still in the game.

WaPo story: https://www.washingtonpost.com/news/...n-gun-opinion/

Stun guns are banned in TX if they will deflate car tires when driven over. (I'm joking about some notoriously vague provisions in the TX Penal Code that define a "tire deflation device" by function rather than form.)
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Last edited by carguychris; November 17, 2016 at 02:13 PM. Reason: citation added
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Old November 24, 2016, 01:38 PM   #3
Aguila Blanca
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I don't know where to verify, but I think I recall from several years ago when visiting friends in a Jeep club that stun guns were illegal in Connecticut and Rhode Island.

[Edit to add]And, as happens too often, it seems I'm wong.

http://www.criminaldefenselawyer.com...nnecticut.htm#

Looks like in Connecticut stun guns are subject to the same licensing requirements as firearms, except that even with the license (or permit) you can't carry a stun gun in a motor vehicle. However, having previously looked at CT statutes for handgun permits, I don't recall seeing any provision for a stun gun permit.
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Old December 19, 2016, 02:10 PM   #4
NJgunowner
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I'm still keeping an eye out here in NJ to where what they end up doing here. It'd be nice if they'd let us carry one or the other since it's impossible to get a carry permit for firearms here.
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