Another step and confirmation today that stun gun bans are unconstitutional (still waiting for the Hawaii AG to acknowledge this and stop enforcing the law here). Note that one of the attorneys (partnered with Alan Beck/Wolfwood et al.) sent notification of these decisions to a New York judge (becauses that NY law, like Hawaii's is a ban on possession) and the NY AG declared, in direct contradiction to the court decisions, that there is NO constitutional right possess a stun gun even in your own home (exactly the position of Hawaii bureaucrats/politicians).
Judge Confirms NJ Stun Gun Ban Violates 2nd Amendment, Orders Enforcement Halthttps://www.ammoland.com/2017/04/judge-confirms-nj-stun-gun-ban-violates-2nd-amendment-orders-enforcement-halt/Excerpts:
New Jersey’s ban on electronic arms is an unconstitutional violation of the Second Amendment and the state must stop enforcing it, a federal judge ordered Tuesday. Judge Michael A. Shipp of the United States District Court for the District of New Jersey, Vicinage of Trenton, issued the order in the matter of New Jersey Second Amendment Society and Mark Cheeseman vs. New Jersey Attorney General Christopher S. Porrino and Superintendent of the New Jersey State Police, Col. Rick Fuentes.
The court order comes on the heels of a consent order proposed by Porrino, a breaking development reported exclusively on April12 by AmmoLand Shooting Sports News.
“Pursuant to the holdings in Heller, McDonald and Caetano, N.J. Stat. Ann. § 2C:39-3(h), to the extent this statute outright prohibits, under criminal penalty, individuals from possessing electronic arms, is declared unconstitutional in that it violates the Second Amendment to the United States Constitution and shall not be enforced,” the consent order admitted.
Judge Shipp agreed, and issued Tuesday’s court order to include:
“The Second Amendment guarantees individuals a fundamental right to keep and bear arms for self-defense … Further, ‘the Second Amendment extends prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.’”
“[The New Jersey statute] is declared unconstitutional in that it violates the Second Amendment to the Constitution of the United States and shall not be enforced.”
“[The New Jersey statute] shall not be enforced to the extent this statute prohibits, under criminal penalty, the sale or shipment of Tasers or other electronic arms…”
“[A]ny and all proceedings in this matter are hereby stayed for a period of 180 days until such time that any necessary revisions to existing controlling legal authorities may be implemented…”
As noted in the previous AmmoLand report, Stamboulieh sent a notification letter to U.S. District Judge David N. Hurd, in the matter of Avitabile, et al. v. Cuomo, et al., to advise him of the essential similarity between New York law and New Jersey law. Per another AmmoLand report filed in March,
New York Attorney General Eric T. Schneiderman insists there is no right to own a taser or a stun gun even in a citizen’s own home.