Top court in Massachusetts strikes down stun gun ban, says licensing requirement would be OK
MA is one of five states that outright ban private ownership of stun guns, which deliver a low-power electrical shock created to immobilize a person, and Tasers, which are used by law enforcement and fire projectiles with much greater force. But in 2016, the US Supreme Court ruled that the three explanations the state court had offered for its ruling were inconsistent with the Supreme Court's rulings.
"Having received guidance from the Supreme Court", the decision written by Chief Justice Ralph Gants reads, "we now conclude that stun guns are "arms" within the protection of the Second Amendment".
The man later challenged the legality of the charge itself, with his attorney citing a 2016 ruling from the U.S. Supreme Court in the case of Jaime Caetano, a MA woman appealing her conviction for carrying a stun gun.
Regarding Ramirez's attempt to cite the U.S. Supreme Court's ruling regarding the MA stun gun ban, Gants wrote that a Chelsea District Court judge "denied the motion without explanation, and also denied the defendant's request for written findings of fact and rulings of law".
The court dismissed a criminal stun gun possession charge against Jorge Ramirez, who was arrested in 2015 after police discovered one in his trousers pocket following a traffic stop.
Jorge Ramirez brought the challenge that the court had been seeking after he was arrested during a traffic stop in Revere, Massachusetts, and police found a stun gun in his trousers pocket. House Speaker Robert DeLeo says through a spokesman he "intends to file legislation within 60 days". "We will be looking into options for amending the statute in accordance with the court's opinion", Chandler said in a statement. He also was charged with firearms offenses. Hawaii, New Jersey, New York, Rhode Island and the District of Columbia all have bans against the ownership of stun guns.
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The state requires people to be licensed to possess a firearm and it prevents those convicted of violent crimes, those who have been committed to an institution for substance abuse, and those under the age of 15, among others, from obtaining a firearm identification card, Gants noted.
Earlier this month, a federal judge in Boston upheld another MA law that bans assault weapons and large-capacity magazines, ruling that those types of weapons are not protected by the Second Amendment.
A Taser electro-shock weapon issued to many police agencies is a type of stun gun.
"In the vast majority of the country, stun guns are an over-the-counter product", said Wallace.
The law was amended, however, in 2004 to allow police to use the devices, while civilians now face prison sentences of between six months and two-and-a-half years and fines between $500 and $1,000.
The ruling came amid renewed attention to the reach of the Second Amendment after a gunman killed 17 students and staff at a Florida high school in February, prompting a surge of gun control activism by teenage students.
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