Posted on 03/20/2022 6:11:42 AM PDT by marktwain
On March 15, 2022, the United States District Court for the District of Rhode Island found the Rhode Island ban on the possession of stun guns was unconstitutional under the Second Amendment.
The decision is expected. Several other courts have found a complete ban on stun guns to be unconstitutional. The foundational decision was made in the United States Supreme Court in its unanimous decision about a stun gun ban in Massachusetts, Caetano v. Massachusetts.
In the Rhode Island opinion, written by District Judge William E. Smith, there are several interesting observations. Judge Smith observes it is the burden of the state to prove an item is not in common use, and the item is not used for lawful purposes such as self-defense.
Judge Smith finds, unsurprisingly, stun guns fall within the protection of the Second Amendment. From the decision:
p.18-19
But it is Defendants’ burden to demonstrate that stun guns are not used for lawful purposes such as self-defense, and they failed to do so.
p.21
In sum, Defendants have failed to demonstrate that stun guns are not in common use or not typically possessed for lawful purposes like self-defense.
p.23
Accordingly, like the other courts to have addressed this question, this Court finds that stun guns constitute arms within the protection of the Second Amendment.
Judge Smith unsurprisingly cited the Caetano case and numerous others. This correspondent found it interesting Judge Smith cited the New York court which found, in Maloney, a ban on nunchaku was unconstitutional.
Judge Smith agreed with Judge Chen in the Maloney case, the burden is with the state to prove a particular type of weapon is *not* protected by the Second Amendment.
The standard assumption is, if a weapon is a “bearable arm”, it is under the protection of the Second Amendment.
(Excerpt) Read more at ammoland.com ...
Even if we get a very positive supreme court ruling on firearms.
Most likely we well face a state by state challenge to it.
The anti’s never give up.
I need an RPG. I can bear it.
Who was the big black gentleman who fired a cannon from his hip during the American Revolutionary War?
A cannon is a bearable weapon.
I went some of those new Switchblade drones Brandon is supplying to Ukraine. The 300 version is about 5lbs. I could fit several of those in a backpack...for an afternoon of fun.
Knife legislation needs to be done away with as well as martial arts weapons restrictions, people are going to getting tired of carrying large chunks of blue stone gravel... I wonder how many purses have them small hammers in them? I’ve seen people walk out of certain budget tool stores with dozens of small hammers and I know they’re not pounding nails with them.
Very nice for them to include a link to the decision itself. Thanks!
Prognostication: the commies may try to claim if it’s too heavy to be carried it isn’t covered by the 2nd.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.