New York AG: No Second Amendment right to a stun gun
By Chris Eger
The New York attorney general has responded to a legal challenge to the state’s Taser and stun gun ban by saying the devices are not “bearable arms” protected by the Constitution.
Attorney General Eric Schneiderman’s office has filed a response to Middleburgh, New York Mayor Matthew Avitabile’s federal lawsuit holding that Avitabile does not have a Second Amendment right to possess a Taser or a stun gun – even within his own home — and questions if the devices are truly “in common use” despite the U.S. Supreme Court’s recent foray into the matter which contended they were.
Avitabile wants to buy and own a Taser for self-defense. However, New York has a ban on possessing a stun gun or a Taser, making the devices unlawful to the state’s nearly 20 million residents except for police use. Under New York law, simply having one of the electronic devices is a misdemeanor offense of Criminal Possession of a Weapon in the Fourth Degree (CPW4), punishable by up to a year in jail.
Avitable’s legal team holds the Supreme Court’s 2016 treatment of the Caetano case, which rebuked a Massachusetts conviction of a woman who bought and used a stun gun in self-defense from an