Mass SC rules stun gun ban unconstitutional

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AlanM
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Mass SC rules stun gun ban unconstitutional

Post by AlanM »

Massachusetts top court declares stun gun ban unconstitutional
BOSTON (Reuters) - The top court in Massachusetts on Tuesday struck down a state law that banned civilians from possessing stun guns, ruling unanimously that the law violated the U.S. Constitution’s Second Amendment, which protects Americans’ right to bear arms.

The Massachusetts Supreme Judicial Court ruled in the case of a man who was criminally charged for possessing a stun gun, holding that such weapons constitute “arms” as protected by the Constitution.

“Therefore, under the Second Amendment, the possession of stun guns may be regulated, but not absolutely banned,” Chief Justice Ralph Gants wrote for the 6-0 court.
AlanM
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Re: Mass SC rules stun gun ban unconstitutional

Post by bignflnut »

From the link in the OP
The court delayed the ruling’s effect for 60 days to allow lawmakers time to consider regulating stun guns. A spokesman for Suffolk County District Attorney Daniel Conley, a Democrat whose office defended the law, said his office backed doing so.

“We believe the current restrictions on stun guns can be updated in a manner consistent with the high court’s ruling and Massachusetts’ common-sense firearm legislation,” said Conley’s spokesman Jake Wark.

SNIP

But in 2016, the U.S. Supreme Court, in an unsigned ruling with no dissents, overturned that holding, finding it was inconsistent with a 2008 Supreme Court decision declaring an individual’s right to bear arms.

The Supreme Court took issue with the Massachusetts court’s finding that stun guns are “unusual” because they are a “thoroughly modern invention,” and sent the case back to the state court for further proceedings.

In Tuesday’s ruling, Gants cited that guidance in holding that the stun gun ban was unconstitutional.

He said the state may place restrictions on who can own them, require licenses for people who possess them and restrict stun guns from being carried in schools and government buildings.
This dude was arrested in 2015 and they're waiting for a new law in 2018 before this ruling goes into effect?

How did we know that Massachusetts couldn't simply rule 6-0 for RKBA and leave it at that...
“It’s not that we don’t have enough scoundrels to curse; it’s that we don’t have enough good men to curse them.”–G.K. Chesterton-Illustrated London News, 3-14-1908

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"Avarice, ambition, revenge and licentiousness would break the strongest cords of our Constitution, as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other." John Adams to Mass Militia 10-11-1798
WhyNot
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Re: Mass SC rules stun gun ban unconstitutional

Post by WhyNot »

...and this is the plan for Ohio??

Some personages I talk to say '' oh they'll never do that'' re: recent flood of anti-gun bills. Once that's dispelled, they say ''it'll get repealed in court.'' This case is an example, takes years. YEARS.

Best to protest, call, contact etc., now.

"The hardest disease to cure is one never contracted''
Acquisitions thus far:

-Slingshot
-Butter knife
-Soda straw and peas
-Sharpened pencil
-Newspaper roll
--water balloon (*diversionary*)

Yeah, I'm that good
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