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
1. Plaintiff’s motion for summary judgment is GRANTED;
2. Defendant’s cross-motion for summary judgment is DENIED;
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.