Stun gun / Taser in HoCo

wolfwood said:

Commonwealth v. Caetano

Basically homeless guy owns a stun gun for self defenese and gets popped. Mass. in all its wisdom criminalizes their mere possession. He is convicted in the trial court and appeals directly to the Mass Supreme Court.



This Court has solicited amicus briefs on the following two questions:

Whether G. L. ch. 140, s. 131J, which criminalizes the private possession of so-called stun guns, infringes on the Second Amendment right to keep and bear arms as defined by the Supreme Court’s Heller and McDonald decisions.
Whether, and how, the Second Amendment protection applies outside one’s home in the case of a homeless person.

http://www.washingtonpost.com/news/...ght-to-own-and-carry-a-stun-in-massachusetts/

Case Docket: (Available at http://www.ma-appellatecourts.org/search_number.php?dno=SJC-11718&get=Search)

SUPREME JUDICIAL COURT
for the Commonwealth
Case Docket

COMMONWEALTH vs. JAIME CAETANO
SJC-11718

CASE HEADER
Case Status Blue brief(s) filed, awaiting red Status Date 08/22/2014
Nature Crime: Possession of Gun Entry Date 07/17/2014
Appellant Defendant Case Type Criminal
Brief Status Awaiting red brief Brief Due 11/10/2014
Quorum

AC/SJ Number 2014-P-0105 Citation
DAR/FAR Number DAR-22613 Lower Ct Number
Lower Court Framingham District, MI Lower Ct Judge Robert V. Greco, J.
Route to SJC Direct Appellate Review

ADDITIONAL INFORMATION
Transcripts received: 3 volumes, 2 sets (on CD and papers). Transcripts dates: 6/4/13, 7/10/13 and 9/26/13.

INVOLVED PARTY

Commonwealth
Plaintiff/Appellee
Awaiting red brief
1 Extension, 42 Days
James W. Sahakian, A.D.A.
Michael Albert Kaneb, A.D.A.

Jaime Caetano
Defendant/Appellant
Blue brief & appendix filed
1 Extension, 23 Days
Benjamin H. Keehn, Esquire
Arming Women Ahainst Rape and En

Amicus
Amicus brief filed

Lisa J. Steele, Esquire
Eugene Volokh
Out-of-state counsel for amicus

Michael E. Rosman
Out-of-state counsel for amicus

DOCKET ENTRIES
Entry Date Paper Entry Text
07/17/2014 #1 Entered. Notice to counsel.
07/17/2014 Transferred from Appeals Court: None. No briefs filed in Appeals Court.
07/18/2014 #2 ANNOUNCEMENT: The Justices are soliciting amicus briefs. Whether G. L. c. 140, § 131J, which criminalizes the private possession of so-called stun guns, infringes on the Second Amendment right to keep and bear arms as defined by the Supreme Court's Heller and McDonald decisions; whether, and how, the Second Amendment protection applies outside one's home in the case of a homeless person.
07/21/2014 #3 MOTION to extend to 08/29/2014 filing of brief of Jaime Caetano by Benjamin H. Keehn, Esquire. (ALLOWED to August 29, 2014)
08/22/2014 #4 SERVICE of brief & appendix for Defendant/Appellant Jaime Caetano by Benjamin H. Keehn.
09/02/2014 #5 MOTION TO FILE AMICUS BRIEF filed for Arming Women Against Rape and Endangerment by Lisa J. Steele, Esquire. (ALLOWED)
09/02/2014 #6 SERVICE of amicus brief for Amicus Arming Women Against Rape and Endangerment by Lisa J. Steele.
09/05/2014 #7 MOTION to extend to 11/10/2014 filing of brief of Commonwealth by Michael A. Kaneb, A.D.A. (ALLOWED to November 10, 2014)
09/08/2014 #8 Service of Substitute Brief and Record Appendix for the Defendant by Denjamin H. Keehn, Esquire.[/

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wjackcooper said:

Charges dropped in Caetano v. Massachusetts Second Amendment stun gun case - The Washington Post Volokh today:

https://www.washingtonpost.com/news...massachusetts-second-amendment-stun-gun-case/

Regards
Jack

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esqappellate said:

And not just dropped, she was actually acquitted by the trial judge, which is much better. I love happy endings....

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GolfR said:

Recently moved to HoCo and was told that there is a local law or ordnance limiting ownership or use of tasers in HoCo or maybe more specifically Columbia. Anyone know this for sure?

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Mr H said:

Last I was aware, HoCo is still among the jurisdictions where they are illegal.

BaltCity
BaltCo
HoCo
Annapolis
Ocean City

I always want to think there's one more, but that may be it.

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danb said:

Baltimore County AG determined it was unconstitutional. There is now a note in the code. ( discussed in the thread).

HoCo ban is likely unconstitutional too. The AG may have made a quiet determination (they do not need to act unless there is a case).. or someone may need to be a test case.

The real issue is going to be buying one, honestly. Most vendors have not updated their policies.

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5.56blaster said:

I think its all of them in HoCo. I had a friend get in a tiny bit of trouble with one several years ago. He zapped his girlfriends ex when he showed up drunk and looking for a fight. I remember the cop asked him how many time he zapped him and he said " every time he went to stand up". They took his stun gun and informed him they were illegal there. Was funny as hell listening to the story!

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GolfR said:

Thanks for the info. Does anyone know what exactly is "banned", only tasers that project (shoot) the probes out? Or does this apply to the handheld versions that you have to walk up to someone and touch them with.

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Electronic weapon: Any instrument, "stun-gun," "TASER," or any similar device by whatever name which is designed as a weapon, capable of, or designed to be capable of, temporarily incapacitating another by the discharge of electrical current through projectile or nonprojectile means.

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