Massachusetts Stun Gun Ban Finally Declared Unconstitutional

April 18, 2018 − by CIR2 − in Case Updates − Comments Off on Massachusetts Stun Gun Ban Finally Declared Unconstitutional

After facing attacks on nearly every front, the Massachusetts law banning stun guns and other electric weapons has finally been declared unconstitutional. The Supreme Court cast constitutional shade on the law in 2016’s Caetano v. Massachusetts.  In light of that decision, the law has come under increasing scrutiny. CIR filed Martel v. Healey in federal court seeking to have the law declared unconstitutional in violation of the Second Amendment. And Jorge Ramirez, who was convicted for possession of an electric weapon under the law, challenged the law by appealing his conviction in state court.

On March 17th, the Supreme Judicial Court of Massachusetts finally admitted the law violates the Second Amendment and declared it unconstitutional. In Ramirez v. Commonwealth, the Massachusetts court held that “stun guns are arms within the protection of the Second Amendment” and that electric weapons cannot be “absolutely banned.”

The Attorney General of Massachusetts will have a chance to petition the court for a rehearing. The court’s opinion also invited the legislature to consider passing a new law that would regulate access to electric weapons without completely banning them.

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