law banning right to bear “electronic” arms faces lawsuit

[Robert]

A New York law making it illegal for members of the public to possess "electronic" arms like Tasers is facing a federal lawsuit claiming that making such possession a criminal misdemeanor is a violation of the Second Amendment.

New York, one of five states outlawing electronic weapons, is being sued (PDF) by the Firearms Policy Foundation and Matthew Avitabile—the mayor of Middleburgh, New York. Avitabile wants to purchase a Taser for self-defense. But New York Penal Law § 265.01 says, "A person is guilty of criminal possession of a weapon in the fourth degree when1) He or she possesses any firearm, electronic dart gun, electronic stun gun..."

The suit claims the New York law is unconstitutional, saying:

Defendants’ laws, customs, practices and policies generally banning the acquisition, possession, carrying and use of Tasers and other electronic arms violates the Second Amendment to the United States Constitution, facially and as applied against the Plaintiffs in this action, damaging Plaintiffs in violation of 42 U.S.C. § 1983. Plaintiffs are therefore entitled to preliminary and permanent injunctive relief against such laws, customs, policies, and practices.

Not living there, this won't directly affect me but to my admittedly ignorant eye, the ban does seem to be 'unconstitutional'.

Then again, so does *any* ban on owning *any* arms (where's my ICBM?) but that's a whole 'nother can of worms.

 

[redrumloa]

Not living there, this won't directly affect me but to my admittedly ignorant eye, the ban does seem to be 'unconstitutional'.

Absolutely unconstitutional, you are correct. It should also help prove the pro-gun argument that "gun control" is not about reducing crime, but rather to create a disarmed society that's obedient to an oppressive government.

Tasers are almost exclusively a non-lethal device. They are only lethal when someone already has a major condition compromising their health. Tasers are also almost exclusively a defensive weapon. Why does the regressive left want to take away a non-lethal defensive only device? Answer is simple, Occam's Razor.