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New Jersey Caves on Stun Guns: No More Ban

New Jersey is close to dismantling its total ban on stun guns for people who are not government agents. The ban was put in place in 1985.  Stun guns or Tasers, are commonly available to New Jersey Police officers. 138 law enforcement agencies in New Jersey have the devices. From nj1015.com

A total of 138 law enforcement agencies in New Jersey currently have stun guns, or Tasers, on hand, an office spokesman said Wednesday.

The ban was challenged with the Supreme Court unanimous decision in the Caetano case in Massachusetts. On 21 March of 2016, the Supreme Court issued a remarkable and, apparently to the Court, non-controversial decision.  In the Caetano PER CURIAM decision (pdf), the Court held that:

The Court has held that “the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding,” District of Columbia v. Heller, 554 U. S. 570, 582 (2008), and that this “Second Amendment right is fully applicable to the States,” McDonald v.Chicago, 561 U. S. 742, 750 (2010).

The decision, which was unanimous, has far reaching implications beyond mere stun guns.  Stun gun bans have already started falling like dominoes. From northjersey.com:

The New Jersey Second Amendment Society, which alongside a state resident sued Attorney General Christopher Porrino on grounds that New Jersey’s ban was unconstitutional, wanted it that way, said Alexander Roubian, the group’s president.

“We were adamant about fighting to make sure there was no permits or permission from the government attached to this,” Roubian said, citing the 2015 murder of a South Jersey woman who was waiting for a firearms permit as reasoning. “We feel this is very important in regard to allowing people to protect themselves.”

The dismantling of New Jersey’s stun gun ban comes six months after Porrino’s office signed a consent order acknowledging that the law violated the Second Amendment. But while gun groups cheer, New Jersey’s law enforcement community is ambivalent about the dismantling of the state’s 32-year law.

 

We do not know when stun guns will be allowed to be sold in New Jersey. It should be soon. The public comment for the new rules ends today, 22 October, 2017.

At least one online site is claiming that its products are now legal to be sold in New Jersey. From defenseproducts101.com:

TASER guns are now legal for citizen use in the state of New Jersey. New Jersey’s attorney general has formally agreed to lift the state’s ban on stun guns as part of a legal settlement with a group of gun rights advocates. Click here to read more.

It appears the online retailer may be a bit premature. The rules for sale havn’t been released to the public, yet.

But New Jersey, with a strong push from the Second Amendment, the Supreme Court, and the New Jersey Second Amendment Society, is about to get a little more freedom.

©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.  Gun Watch

Editor’s Note:  I would like to point out something interesting beyond simply New Jersey’s capitulation of its unconstitutional stun gun ban.  Particularly to the ruling by the Supreme Court in which the opinion states:

The Court has held that “the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding,” District of Columbia v. Heller, 554 U. S. 570, 582 (2008), and that this “Second Amendment right is fully applicable to the States,” McDonald v.Chicago, 561 U. S. 742, 750 (2010).

“Bearable arms” is a far reaching term and it is good that it is.  As a 2nd Amendment absolutist I am in favor of private ownership of automatic weapons, high powered rifles and all the kit and kaboodle that a free populace may need to one day defend itself against tyranny.

As a student of the sword and being trained in knife fighting I also appreciate the ability to bear such weapons without needing to jump through the hoops of an oppressive government body in order to do so or be flat out be denied to do so.  I would contend that any state that allows Constitutional carry or unlicensed open carry would, according to the wording of the Supreme Court’s opinion would not need a permit or any other permission to carry a knife or sword or any other bearable weapon.

 

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