Judge says New York's ban on stun guns is unconstitutional

Judge says New York'''s stun gun ban is unconstitutional

ALBANY, N.Y. (AP) — New York state’s ban on personal ownership of stun guns is unconstitutional, a federal judge ruled Friday in the latest in a series of court decisions that have led to the loosening of restrictions on the weapons in several states.

The decision came in a lawsuit filed by Matthew Avitabile, of Schoharie County, New York, who said he wanted to buy a stun gun for self-defense in his rural upstate home.
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His lawyer argued that the ban violated the 2nd Amendment & the judge agreed.

JacksinPA said:

Judge says New York'''s stun gun ban is unconstitutional

ALBANY, N.Y. (AP) — New York state’s ban on personal ownership of stun guns is unconstitutional, a federal judge ruled Friday in the latest in a series of court decisions that have led to the loosening of restrictions on the weapons in several states.

The decision came in a lawsuit filed by Matthew Avitabile, of Schoharie County, New York, who said he wanted to buy a stun gun for self-defense in his rural upstate home.
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His lawyer argued that the ban violated the 2nd Amendment & the judge agreed.

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2A aside, what is the issue that gun control advocates have with stun guns? What danger do they posses that require them to be heavily regulated.

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JacksinPA said:

Judge says New York'''s stun gun ban is unconstitutional

ALBANY, N.Y. (AP) — New York state’s ban on personal ownership of stun guns is unconstitutional, a federal judge ruled Friday in the latest in a series of court decisions that have led to the loosening of restrictions on the weapons in several states.

The decision came in a lawsuit filed by Matthew Avitabile, of Schoharie County, New York, who said he wanted to buy a stun gun for self-defense in his rural upstate home.
==========================================
His lawyer argued that the ban violated the 2nd Amendment & the judge agreed.

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Good. I also agree. If I can legally carry a lethal handgun for my own protection, what sense does it make that I cannot legally carry a non-lethal stun gun instead?

Good on the judge; constitutionality aside, the ban was ridiculous.

DiAnna said:

Good. I also agree. If I can legally carry a lethal handgun for my own protection, what sense does it make that I cannot legally carry a non-lethal stun gun instead?

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I agree, but in NY its very hard to get a concealed carry for a handgun. They have basically made the paperwork and hoops to go through so annoying that many people just don't do it. I assume they argued that with the stun gun you don't have to do any of these, therefore they decided to ban them. I don't agree with this line of reasoning but that was probably it.

trouble13 said:

2A aside, what is the issue that gun control advocates have with stun guns? What danger do they posses that require them to be heavily regulated.

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They might hurt someone's feelings when they pee themselves when getting shocked. Guess that beats soneone double tapping their arse.

Surrealistik said:

Good on the judge; constitutionality aside, the ban was ridiculous.

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A judge also struck down the idiotic NY ban on Nunchucks. That this stupid law remained so long is a testament to the idiocy of NY politicians and their hatred of the right of self defense.

Our weekly paper has arrest reports, sometimes i see "concealed electronic weapon" so i assume (like overlarge knives) they can be carried openly but not concealed without a CCW.

While I do not agree, the argue made against stun guns tends to be 2 fold:

1. While they are claimed to be non-lethal, actually they sometimes do kill - including used for pranks not realizing the danger and
2. They are seen as a rapist weapon.

JacksinPA said:

Judge says New York'''s stun gun ban is unconstitutional

ALBANY, N.Y. (AP) — New York state’s ban on personal ownership of stun guns is unconstitutional, a federal judge ruled Friday in the latest in a series of court decisions that have led to the loosening of restrictions on the weapons in several states.

The decision came in a lawsuit filed by Matthew Avitabile, of Schoharie County, New York, who said he wanted to buy a stun gun for self-defense in his rural upstate home.
==========================================
His lawyer argued that the ban violated the 2nd Amendment & the judge agreed.

Click to expand...

I don't think democrats are going to like the way this judge has ruled against their dogmatic agenda. Democrats are not used to being overruled in courts they have stacked with democrat friendly judges.

TurtleDude said:

A judge also struck down the idiotic NY ban on Nunchucks. That this stupid law remained so long is a testament to the idiocy of NY politicians and their hatred of the right of self defense.

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One of the dumbest laws ever. It is two sticks tied together for crying out loud.

Skeptic Bob said:

One of the dumbest laws ever. It is two sticks tied together for crying out loud.

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The idiotic switchblade laws were created by cowardly old men who saw west side story one too many times while drunk. The nunchuck idiocy was created by cowardly scum bags who were stoned while watching enter the dragon. some laws should be such that those who pass them, should be permanently disbarred from ever holding office-this was one of them.

TurtleDude said:

The idiotic switchblade laws were created by cowardly old men who saw west side story one too many times while drunk. The nunchuck idiocy was created by cowardly scum bags who were stoned while watching enter the dragon. some laws should be such that those who pass them, should be permanently disbarred from ever holding office-this was one of them.

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Or by people who tried them out when they were kids and smacked themselves in the nose during the failed attempt.

Skeptic Bob said:

Or by people who tried them out when they were kids and smacked themselves in the nose during the failed attempt.

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That is why I practiced with ones that were weighted like my normal chucks but had a rubber covering. My Table tennis coach was a Korean and his cousin was a 6 Dan master in TKD and also held belts in some other disciplines. One day the master was watching me backhand loop table tennis balls and I was asking the coach how I could get more rotation in my loop and the master came back with a set of nunchucks and told me if I practiced a half hour a day with them, it would increase my wrist strength and racket speed. So I did-and he was right-several years later, I was playing the best junior in the USA (later national champion and Olympian) and he kept playing deep to my backhand and at both games at 19 all I ripped down the line backhand topspins and pulled off the biggest upset at the US Masters. My old coach was there and I went up to him and said-thank your cousin for his help. I did get more than a few bruises with those things though

trouble13 said:

2A aside, what is the issue that gun control advocates have with stun guns? What danger do they posses that require them to be heavily regulated.

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They don't want people defending themselves from New York's slimeballs.