New Jersey bans civilians from purchasing stun guns, but that may be changing. There’s a lawsuit in the works focused on this very issue. New Jersey is one of only five states that bans the weapons, but Second Amendment concerns have arisen, and the court is tackling the issue.
Stun Guns and the Second Amendment
In recent court filings, Attorney General Christopher Porrino allowed that the state’s current ban on electronic guns is unconstitutional. In this capacity, a stun gun is defined as any weapon or other device which emits an electrical charge or current intended to temporarily or permanently disable a person. The case was brought by a New Jersey resident whose Taser order was denied by a stun gun realtor because of the New Jersey ban. The resident professed that he was looking for a nonlethal means of protecting his loved ones. In consideration, the state acknowledged that the Second Amendment does, indeed, guarantee a fundamental right to keep and bear arms for self-defense.
Attorney General Porrino offered that an outright ban on the possession of stun guns within the state, regardless of the contextual circumstances surrounding any such possession, would likely not pass constitutional muster. In evidence of this constitutional quandary, Porrino cited a 2016 Supreme Court decision that overturned a Massachusetts court’s upholding of its state stun gun ban.
More to Come
The consent decree must be judicially approved, and it will take several months for the state to craft regulations that are consistent both with the demands of public safety and the liberties afforded by the Second Amendment as it relates to stun gun possession.
If You’re Facing Stun Gun or Weapons Charges in New Jersey, Call 732-238-8686 Today for More Information
Stun gun laws are changing in New Jersey, but at this moment stun guns remain an illegal weapon. If you or someone you care about is facing a weapons charge, David C. Barry, Attorney at Law can help. Attorney David C. Barry understands that your case is too important to leave to chance; retain an experienced New Jersey criminal defense lawyer with the skill and dedication to fight for your best outcome. David will explain your rights and options, guide you through the court proceedings, and coordinate your comprehensive defense. If you need a skilled legal advocate, call David today at 732-238-8686.