By Dan Zimmerman via TTAG
New York, being opposed to citizens having the ability to adequately defend themselves, either within our outside their homes, has had a longtime ban on the possession of electronic dart (TASER) and stun guns. Owning one is a misdemeanor and displaying or threatening to use one is a felony.ADVERTISING
But not any more. In a decision announced today, US District Court Judge David N. Hurd has struck down the state’s ban under the Heller decision, ruling that the prohibition is a violation of the Second Amendment.
As Judge Hurd wrote . . .
New York’s sweeping prohibition on the possession and use of tasers and stun guns by all citizens for all purposes, even for self-defense in one’s own home, must be declared unconstitutional in light of Heller. To be clear, this conclusion does not foreclose the possibility that some restriction(s) on the possession and/or use of tasers and stun guns would be permissible under the Second Amendment. Other states have already done this. See, e.g., WIS. STAT . § 941.295(2g)(b) (permitting possession of “electric weapon” in home or place of business). New York might consider doing so as well.
Therefore, it is
ORDERED that
1. Plaintiff’s motion for summary judgment is GRANTED;
2. Defendant’s cross-motion for summary judgment is DENIED;
3. New York Penal Law § 265.01(1), as applied to “electronic dart guns” and “electronic stun guns,” is an unconstitutional restriction on the right to bear arms; and
4. Defendant, his officers, agents, servants, employees, and all persons in active concert or participation with the New York State Police are hereby ENJOINED from enforcing New York Penal Law § 265.01(1) as applied to “electronic dart guns” and “electronic stun guns.”
You can read the entire ruling here.
This is entirely consistent with previous rulings regarding stun guns.
