September 6, 2014

EUGENE VOLOKH HAS WRITTEN ABOUT SECOND AMENDMENT RIGHTS TO CARRY NON-LETHAL WEAPONS, and I talked about the subject as well in my Second Amendment Penumbras piece. Now Eugene presents this: Amicus brief supporting the Second Amendment right to own and carry a stun gun in Massachusetts.

I’m delighted to report that Michael Rosman and Michelle Scott of the Center for Individual Rights, Lisa Steele of AWARE (Arming Women Against Rape & Endangerment), and I have filed an amicus brief on behalf of AWARE in Commonwealth v. Caetano, a Massachusetts Supreme Judicial Court case dealing with the Second Amendment and stun guns.

Massachusetts is one of the several states that bans stun guns (including Tasers) — the others are Hawaii, New Jersey, New York, Rhode Island, and Wisconsin, plus the Annapolis/Baltimore area in Maryland, New Orleans, Washington, D.C., and several other cities. I hope that this case will change that; indeed, the Michigan Court of Appeals recently struck down the Michigan stun gun ban on Second Amendment grounds.

I think that’s how it should go. The Second Amendment, as the Court has noted, is in large part about a right of self-defense — not just about guns as such.

UPDATE: Link to Eugene’s post was wrong before. Fixed now. Sorry! One day I’ll master cut-and-paste.

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