Stun guns in MA

[Cap]

I happened upon this case, but can't seem to find out where it currently stands. Article is from April 2013.

http://www.metrowestdailynews.com/article/20130404/News/304049907

In 2011, Jamie Caetano carried a stun gun as protection against her ex-boyfriend, against whom she had twice taken out restraining orders.

But on Sept. 29, 2011, Ashland Police arrested the Fall River woman when they found a stun gun in her purse when she was a passenger in a car they pulled over. She was charged with possession of a stun gun, which is banned under state law.


Now, her lawyer, Paul McManus, is challenging the constitutionality of that charge. He said the Massachusetts ban on all stun guns violates the Second Amendment rights for a person to bear arms. Next Wednesday, he will argue in front of a Framingham District Court judge that the case should be dismissed.

Anyone know where I can find more info?

 

[mattyw]

and where I can donate to the cause?

 

[DW357]

So we can possess guns but not stun guns? Seems silly to me.

 

[cbrxx]

Should be considered same as pepper spray. Of course free states like FL, you can have without permission.

 

[voidoid]

It's all still pending- brief due by 6/9/2014:

http://www.ma-appellatecourts.org/display_docket.php?dno=2014-P-0105

 

[Palladin]

It's all still pending- brief due by 6/9/2014:

http://www.ma-appellatecourts.org/display_docket.php?dno=2014-P-0105

that's an appeal, she must have been found guilty

 

[Quiet]

I hope that Comm2A is aware of this and has had discussion with the woman's attorney so that we don't wind up with bad case law here.

 

[Hoover]

She should have taken a CWOF, that judge Greco would have given her maybe 6 months probation. That guy give child porn people a walk all the time. His nickname is 'let'em go greco'.

 

[Bison]

Remind me who has a "War on Women"?

I am so sick of these liberal states waging war on a women's right to protect herself!

No pepper spray, no stun gun, no gun ... Why do liberals hate women?

 

[92G]

the danger with a stun gun is that it might lead to lawful and reasonable self-defense.

 

[Hoover]

Remind me who has a "War on Women"?

I am so sick of these liberal states waging war on a women's right to protect herself!

No pepper spray, no stun gun, no gun ... Why do liberals hate women?

Do you ever notice the politicians most often arrest for sexual assault, domestic violence, etc. are Democrats. Do you think they want to get stun gunned when they attempt it again? I don't think so.

 

[jasons]

Remind me who has a "War on Women"?

I am so sick of these liberal states waging war on a women's right to protect herself!

No pepper spray, no stun gun, no gun ... Why do liberals hate women?

They don't even like it when women learn karate.

http://www.northeastshooters.com/vb...ggests-self-defense-for-women-freakout-ensues

 

[Cap]

States where stun guns are restricted: HI, IL, MA, MI, NJ, NY, RI, DC

Hmmmm.

 

[mattyw]

States where stun guns are restricted: HI, IL, MA, MI, NJ, NY, RI, DC

Hmmmm.

whoa, not CT or CA?

 

[DispositionMatrix]

There is no hope for MA.

 

[cbrxx]

States where stun guns are restricted: HI, IL, MA, MI, NJ, NY, RI, DC

Hmmmm.

Just like guns, make self defense harder, it must be safer!

 

[Rob Boudrie]

The article mentions "found in her purse". Searching a passenger's purse is not part of a normal traffic stop, nor is demanding the passenger produce papers (which could cause opening of the purse). The fact that this stop elevated to the level of a search or, at minimum, demanding ID from a passenger, leads me to believe their might be other dimensions to this case.

 

[MetalgodZ]

The article mentions "found in her purse". Searching a passenger's purse is not part of a normal traffic stop, nor is demanding the passenger produce papers (which could cause opening of the purse). The fact that this stop elevated to the level of a search or, at minimum, demanding ID from a passenger, leads me to believe their might be other dimensions to this case.

That'd be disappointing.

I'd love to see a sympathetic defendant take a 2A argument re: stun guns up the ladder.

 

[Pete85]

The article mentions "found in her purse". Searching a passenger's purse is not part of a normal traffic stop, nor is demanding the passenger produce papers (which could cause opening of the purse). The fact that this stop elevated to the level of a search or, at minimum, demanding ID from a passenger, leads me to believe their might be other dimensions to this case.

Depending on the cop, it could just be overstepping his authority and the passenger not knowing her rights. I've been pulled over before where the cop asked for my passenger's ID as well, and he provided it without question. It's quite possible that the cop asked if he could search and she complied because she thought she had nothing to hide.

 

[invaliduser]

Wait so this happened last year. Anyone have any updates?

 

[Cap]

It's all still pending- brief due by 6/9/2014:

http://www.ma-appellatecourts.org/display_docket.php?dno=2014-P-0105

Found this one as well -

http://www.ma-appellatecourts.org/display_docket.php?dno=DAR-22613

Her attorney for both of those is different than the article from 2013.

 

[browncoat]

States where stun guns are restricted: HI, IL, MA, MI, NJ, NY, RI, DC

Hmmmm.

What a list to be on.

 

[invaliduser]

Found this one as well -

http://www.ma-appellatecourts.org/display_docket.php?dno=DAR-22613

Her attorney for both of those is different than the article from 2013.

\

So on that link and the one you quoted have different crimes. The newer one has changed to possession of a gun and dropping the sub nature of possessing the stun gun which really isn't even a gun by nature

 

[Cap]

\

So on that link and the one you quoted have different crimes. The newer one has changed to possession of a gun and dropping the sub nature of possessing the stun gun which really isn't even a gun by nature

I wouldn't read too much into that. I'm sure someone whos more familiar with interpreting this stuff can chime in.

DAR is direct appellate review.
http://www.mass.gov/courts/court-in...ourt-help-center/direct-appellate-review.html

 

[Garys]

A Court Case to Watch

Commonwealth v. Caetano

SJC-11718
Commonwealth vs. Jaime Caetano
Whether G. L. c. 140, § 131J, which criminalizes the private possession of so-called “stun guns,” infringes on the Second Amendment right to keep and bear arms as defined by the Supreme Court’s Heller and McDonald decisions; whether, and how, the Second Amendment protection applies outside one’s “home” in the case of a homeless person.

An Amicus Brief can be downloaded here.

 

[92G]

These are MA courts so we know the outcome will suck

 

[Kicker96FS]

Home is where the heart is.

So if your heart is outside, then you are home!

 

[Garys]

These are MA courts so we know the outcome will suck

Note that the SJC solicited Amicus briefs, which in itself is interesting. I don't think the decision is as clear cut as you obviously do.

 

[Hellbound]

Interesting. My girlfriend and I were talking about a similar scenario where what if you bought an RV and lived out of it, with no traditional house.

 

[pdm]

More here: http://pjmedia.com/instapundit/194517/