Stun gun decision

WBNG reports:

“A federal judge has ruled that New York’s ban on personal ownership of stun guns is unconstitutional … The decision came in a lawsuit filed by Matthew Avitabile, who said he wanted to buy a stun gun for self-defense in his rural upstate New York home. His lawyers argued that New York’s longstanding ban on civilian ownership of stun guns violated the Second Amendment right to bear arms …”

Here is a copy of the decision.

The judge’s determination:

“New York’s sweeping prohibition on the possession and use of tasers and stun guns by all citizens for all purposes, even for self-defense in one’s own home, must be declared unconstitutional in light of Heller. To be clear, this conclusion does not foreclose the possibility that some restriction(s) on the possession and/or use of tasers and stun guns would be permissible under the Second Amendment. Other states have already done this … New York might consider doing so as well.”

It’s a safe bet that new restrictive legislation will be introduced in Albany shortly.

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