2aHawaii

General Topics => Legal and Activism => Topic started by: suka on March 22, 2016, 08:01:21 AM

Title: US Supreme Court rules Mass stun gun law Unconstitutional
Post by: suka on March 22, 2016, 08:01:21 AM
Caetano vs Mass
Ruled electric guns are under the 2nd Admendment.



https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/03/21/supreme-court-zaps-massachusetts-stun-gun-opinion/ (https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/03/21/supreme-court-zaps-massachusetts-stun-gun-opinion/)

Will Hawaii follow and get HRS 134-16(a) reversed?

Which is only a misdemeanor violation.

Will Mr. Holcomb looking for clients to get the  Hawaii Law overruled?

Title: Re: US Supreme Court rules Mass stun gun law Unconstitutional
Post by: omnigun on March 22, 2016, 09:21:22 AM
Saw this today, does this mean we can have stun guns now? Or do we still need to wait.
Title: Re: US Supreme Court rules Mass stun gun law Unconstitutional
Post by: punaperson on March 22, 2016, 10:03:34 AM
Hawaii's stun gun ban, as well as the state's bans on handgun magazine capacity limits, certain knives, "short barrelled" rifle and shotguns, expandable batons, "no issue" CCW, etc. are already challenged in Young which is pending hearing before the Ninth Circuit Court of Appeals after a decision in Peruta/Richards.

See other thread for more details on Caetano: https://2ahawaii.com/index.php?topic=22458.0
Title: Re: US Supreme Court rules Mass stun gun law Unconstitutional
Post by: ren on March 22, 2016, 10:22:37 AM
Saw this today, does this mean we can have stun guns now? Or do we still need to wait.

NO! Are you crazy?! Call 911 bra! Dis Hawaii we no need stun guns..we go up n up with fist lidat
Title: Re: US Supreme Court rules Mass stun gun law Unconstitutional
Post by: punaperson on March 22, 2016, 11:42:24 AM
NO! Are you crazy?! Call 911 bra! Dis Hawaii we no need stun guns..we go up n up with fist lidat
You left out "feet"...

Of the 3,097 murders, robberies, and aggravated assaults reported statewide during 2013, 46.7% were committed using strongarm weapons (i.e., hands, fists, and feet); 26.2% with “other” or unknown weapons; 18.0% with knives or other edged weapons; and 9.1% with firearms.

CRIME IN HAWAII 2013 (ANNUAL)

http://ag.hawaii.gov/cpja/crime-in-hawaii-2013-annual/

More than FIVE TIMES as many crimes committed with hands, feet and fists as firearms (including approximately the same proportions for homicides), yet I see none of our legislators or other bureacrats (police, etc.) calling for registration of hands, feet and fists. Where are Moms Demand Action for Fist and Feet Sense in America when you need them?
Title: Re: US Supreme Court rules Mass stun gun law Unconstitutional
Post by: Q on March 22, 2016, 07:48:06 PM
Does the term 'stun gun' include tasers?
Title: Re: US Supreme Court rules Mass stun gun law Unconstitutional
Post by: robtmc on March 22, 2016, 07:53:35 PM
Does the term 'stun gun' include tasers?
I await Lasers, once the power supply issue is solved.

Mmm, the smell of fried moke  in the morning.............
Title: Re: US Supreme Court rules Mass stun gun law Unconstitutional
Post by: punaperson on March 22, 2016, 08:06:59 PM
Does the term 'stun gun' include tasers?
1. In Hawaii, "any electric gun" is banned from "civilian" possession. §134-16 ""Electric gun" means any portable device that is electrically operated to project a missile or electromotive force." §134-1  Definitions

2. For the SCOTUS ruling, from the language used I'd believe that tasers would be included among Constitutionally-protected weapons. But who knows how some other court will interpret it? For example, look at how many have (mis)interpreted Heller...

3. Massachusetts: Definitions (a) Electronic weapon or device:  Any portable device or weapon from which an electrical current, impulse, wave or beam may be directed which such current, impulse, wave or beam is designed to incapacitate temporarily, injure or kill.   

In Massachusetts, one may not purchase, possess (openly or concealed), sell, or use a stun gun unless he or she is:

    a peace officer engaged in the performance of his or her duty, or
    a merchant selling stun guns to a federal or state law enforcement agency.

(Mass. Gen. Laws ch. 140, § 131J.)