Hawaii Preview: New York AG Claims No Right to Own Stun Gun Even in Own Home (Read 1272 times)

punaperson

I believe the Hawaii ban on possession of stun guns was raised at some stage of the Young case, but not in the original filing. I expect that this argument by the New York AG is a preview of what Hawaii will argue in Young. Preposterous and idiotic? Yes. Will the courts uphold it? Likely. The SCOTUS Caetano per curiam rebuke of the Massachussetts Supreme Court upholding of the MA ban on stun guns only applied to that case, in which a poor homeless black woman used a stun gun in self-defense during an assault by her former boyfriend. SCOTUS remanded it back to the MASC, but the case against her (Caetano) was dropped and so the question of the ban became moot.

New York AG Claims No Right to Own Taser or Stun Gun Even in Own Home

http://www.ammoland.com/2017/03/new-york-ag-claims-no-right-taser-stun-gun-even-home/#axzz4bLKUuCXX

Excerpts:

The memorandum by A.G. Eric T. Schneiderman seeks the United States District Court for Northern District of New York’s denial of an injunction to lift a state ban, citing six points for the court to consider, including the plaintiff “does not have a Second Amendment right to possess a Taser or a stun gun – even within his own home … There is a legitimate question as to whether Tasers or stun guns are even “bearable arms” [and] There is also a legitimate question as to whether Tasers or stun guns are ‘in common use…’”

Schneiderman further maintains the plaintiff “cannot make a ‘clear showing’ that they will prevail on the merits [think about that for a moment], nor can they show that they face a harm that is ‘actual and imminent, [and think about that]’” and that “there is … no ‘substantial burden’ on his Second Amendment rights [and that].” He further argues for using “intermediate scrutiny,” that is, a lesser legal review standard than “strict scrutiny.”

Forget the Second Amendment for a moment. The very thought of some “official” telling you that you may not own a stun gun, even in your home, ought to be repugnant to all good Americans. To forbid so-called “less than lethal” options from supposedly free citizens ensures those denied “permits” to carry firearms truly are being mandated into defenselessness.