Gun Control & RKBA
Related: About this forumThey may be correct, but definitely *not* for this reason:
FWIW, I believe Massachusetts has every right to ban stun guns, but not because of
one of the reasons given...
http://ashland.wickedlocal.com/article/20150302/NEWS/150309328
By Anamika Roy
Daily News Staff
Posted Mar. 2, 2015 at 6:48 PM
BOSTON - What started as a call to the Ashland Police for a possible shoplifting case may end up in the hands of the highest court in the country.
On Monday, the state Supreme Judicial Court ruled in a unanimous decision that the states ban on the possession of stun guns does not violate the Second Amendment to the U.S. Constitution. That ruling upheld a conviction in which a woman was arrested outside an Ashland supermarket four years ago and charged with having a stun gun - which she claimed was for self defense - in her purse...
...In 2008, the U.S. Supreme Court ruled that the Second Amendment guaranteed the right to possess a handgun for self-defense in the home. However, the SJC says in its opinion that ruling does not cover stun guns.
The court goes on to say that Caetanos case falls outside the core of the Second Amendment in that Caetano was not using the stun gun to defend herself in her home. It calls stun guns a "dangerous and unusual weapon" that was not "in common use at the time of enactment of the Second Amendment.
Anyone else see the problem here? Bueller?
(Please try to keep the special pleading to a minimum)
guillaumeb
(42,641 posts)The court goes on to say that Caetanos case falls outside the core of the Second Amendment in that Caetano was not using the stun gun to defend herself in her home. It calls stun guns a "dangerous and unusual weapon" that was not "in common use at the time of enactment of the Second Amendment.
friendly_iconoclast
(15,333 posts)After all, computers were not "in common use at the time of enactment" of the First Amendment
Then again, neither was women's suffrage, marriage equality, and a whole host of other rights
State religions and slavery were hunky-dory, too- Massachusetts had both well into the 19th
Century...
guillaumeb
(42,641 posts)interesting bit of legalese there. Not sure the SCOTUS would agree with the logic
friendly_iconoclast
(15,333 posts)If one uses the same standard that the MA Supreme Judicial Court just did, it does not.
sarisataka
(18,600 posts)although it could become interesting. Is a stun gun an arm?
and if such non-lethal self defense methods are not arms therefore protected under the 2nd amendment how does that affect the argument of you don't need a handgun to protect yourself because you have other options?
friendly_iconoclast
(15,333 posts)It was pointed out elsewhere that one can obtain Mace or pepper spray without a license,
and both of those can be lethal.
And if "readily adaptable to military use" is the criterion (see article at the link),
I'd like a Smith & Wesson M&P in .45 ACP...
sarisataka
(18,600 posts)a brick wall (a materiel in common use at that time)
I am sure the writer of that opinion did so using a computer, completely missing the irony.
If "readily adaptable to military use" is the accepted criteria, then those who hope for magazine limits or bans on certain types of rifles have lost any chance of getting such laws implemented.
friendly_iconoclast
(15,333 posts)NutmegYankee
(16,199 posts)It's funny to ask if we can restrict news organizations on the Internet, because it's called "freedom of the press" and no printing press is used for Internet articles.