Stun Gun Challenge (Martel v. Healey)

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Comm2A

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Challenge to MA Ban on Non-Lethal Self-Defense Weapons

Today Comm2A and the Center for Individual Rights filed a federal lawsuit challenging the constitutionality of a state law banning stun guns and other non-lethal electrical weapons.

Press Release

Complaint

Enjoy. We'll be on Bradley Jay WBZ next week to talk about this.
 
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Wow I guess I forgot about this issue. Thank you for everything you guys do. I can't believe that it has been almost a year and this law is still on the books. Is it common for laws to stand after the SCOTUS rules them unconstitutional? Is SCOTUS basically toothless?


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SJC will rule that because the Massachusetts National Guard can have them the 2A via Heller is upheld because people can join the NG.
 
Boarder700 said:
Wow I guess I forgot about this issue. Thank you for everything you guys do. I can't believe that it has been almost a year and this law is still on the books. Is it common for laws to stand after the SCOTUS rules them unconstitutional? Is SCOTUS basically toothless?


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^^The Supreme Court only vacated Caetano's conviction and remanded the case back to the SJC for further proceedings. At that point the SJC could have made another attempt to justify the constitutionality of 131J and uphold her conviction. However, the Commonwealth ducked the whole issue by dismissing the charges against her, making the challenge moot. What we ended up with was a law with questionable enforceability. This is just what the Commonwealth likes, the threat of prosecution without any real teeth to back it up.

RImike said:
If successful, what implications would this have on other states with current similar statues such as RI?
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^^If the case is appealed to the First Circuit, that court's holding would be binding on Rhode Island. If we win this case and it's not appealed, it opens the door to a successful challenge of the Rhode Island ban.

jar said:
Awesome. I know you've been working on this one for a long time.
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Years. We were working with CIR on this a couple of years ago and had to shelve the project when the criminal case came up. Comm2A's SJC amicus in Caetano was a result of the court's request for amici briefs in that specific case. That's how we learned about it.

amm5061 said:
Let's finish the job! And this time the SJC can't just toss the case to prevent it.
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Waher said:
SJC will rule that because the Massachusetts National Guard can have them the 2A via Heller is upheld because people can join the NG.
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The SJC won't have a voice this time around. They tried, they lost and now a federal court will take up the matter.
 
I love how you are covering the different reasons with the 3 complaintants. This will cover those who are anti gun but want a lady to be able to protect herself. A Person who has an LTC but travels to many states. And a woman who teaches self defense to other women, who wants a less lethal option.
 
Knuckle Dragger said:
^^The Supreme Court only vacated Caetano's conviction and remanded the case back to the SJC for further proceedings. At that point the SJC could have made another attempt to justify the constitutionality of 131J and uphold her conviction. However, the Commonwealth ducked the whole issue by dismissing the charges against her, making the challenge moot. What we ended up with was a law with questionable enforceability. This is just what the Commonwealth likes, the threat of prosecution without any real teeth to back it up.
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Sounds like an AG run amok, doesn't it!

Good luck on this case.
 
Knuckle Dragger said:
^^The Supreme Court only vacated Caetano's conviction and remanded the case back to the SJC for further proceedings. At that point the SJC could have made another attempt to justify the constitutionality of 131J and uphold her conviction. However, the Commonwealth ducked the whole issue by dismissing the charges against her, making the challenge moot. What we ended up with was a law with questionable enforceability. This is just what the Commonwealth likes, the threat of prosecution without any real teeth to back it up.
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Well worded. I borrowed some of that phrasing for a facebook post. Thanks!
 
Challenge to MA Ban on Non-Lethal Self-Defense Weapons

Knuckle Dragger, thank you for the reply. I love what you guys do and I would be a member no matter what. But the fact that you guys come on here to answer our legal questions makes Comm2a my favorite 2a group. You provide some invaluable services to to us gun owners and to the State in general.


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Len-2A Training said:
Sounds like an AG run amok, doesn't it!
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I can't believe that you would even imply that, let alone say it out loud! Dimples knows more about the law and how it should be enforced than we mere mortals ever will. We should all just relax and support any decrees, errr.....clarifications that she hands down..............................[thinking]
 
Boarder700 said:
Knuckle Dragger, thank you for the reply. I love what you guys do and I would be a member no matter what. But the fact that you guys come on here to answer our legal questions makes Comm2a my favorite 2a group. You provide some invaluable services to to us gun owners and to the State in general.


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We consider education an important part of our mission. It is vitally important that the people most effected by the Commonwealth's regulator scheme possess a heightened degree of literacy with respect to the issues they care about.
 
As I'm preparing for tonight WBZ visit, I thought I'd repost a couple of items that I think will frame this issue and help folks understand why we think this is important. These are quick items to review and worth your time.

SJC oral arguments from Caetano (36 minutes): http://www2.suffolk.edu/sjc/archive/2014/SJC_11718.html Pay particular attention to how the ADA trieds to constrain the Second Amendent to handguns in the home - "A Venn diagram".

The SCOUTS per curiam decision reversing the SJC and vacating Caetano's conviction (2 pages plus concuring opinion): https://www.supremecourt.gov/opinions/15pdf/14-10078_aplc.pdf
 

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