Taser Lawsuit Filed in New Jersey

wolfwood · Aug 11, 2016

Taser Lawsuits Filed across east coast

So we filed a taser case in NJ today. The case is essentially the same as the one George Lyons filed in D.C. We have been in contact. A copy of the complaint is in the link. We will see how these go. If D.C. and New Jersey fall I might take a trip down the east coast to tackle the last three states with bans. RI NY and Mass.

http://www.sdslaw.us/single-post/20...-against-New-Jersey-to-overturn-the-Taser-ban

Today, we filed a lawsuit against New Jersey to overturn the Taser ban

August 11, 2016

The case, styled New Jersey Second Amendment Society and Mark Cheeseman v. Christopher S. Porrino, in his official capacity as Acting Attorney General and Colonel Rick Fuentes, in his official capacity as Superintendent of the New Jersey State Police, was filed today seeking to overturn the stun gun/Taser ban in New Jersey.

My co-counsel Alan Beck and Ryan Watson are involved in this fight. This will be the second New Jersey case we have brought together. You can read the case here.

The complaint seeks the following relief:

WHEREFORE, Plaintiffs request that judgment be entered in their favor and against Defendants as follows:

An order preliminarily and permanently enjoining Defendants, their officers, agents, servants, employees, and all persons in active concert or participation with them who receive actual notice of the injunction, from enforcing N.J. Stat. Ann. § 2C:39-3(h) to ban the acquisition, possession, carrying or use of Tasers and other electronic arms;

An order declaring that N.J. Stat. Ann. § 2C:39-3(h) is unconstitutional and violates the Second Amendment to the United States Constitution;

An order declaring N.J. Stat. Ann. § 2C:39-3(h) unenforceable;

Costs of suit, including attorney fees and costs pursuant to 42 U.S.C. §1988;

Such other Declaratory relief consistent with the injunction as appropriate; and

Such other further relief as the Court deems just and appropriate.

danb · Aug 11, 2016

Some Maryland counties have bans in statute. Baltimore County is not enforcing it now. It is not clear to me where Howard County or Baltimore City is.

Baltimore city would be one I'd like to see, because their knife laws are ridiculous as well. I would like to get a chink in the armor and have it all come crashing down.

Rab1515 · Aug 11, 2016

danb said:
Some Maryland counties have bans in statute. Baltimore County is not enforcing it now. It is not clear to me where Howard County or Baltimore City is.

Baltimore city would be one I'd like to see, because their knife laws are ridiculous as well. I would like to get a chink in the armor and have it all come crashing down.

Add ocean city to that list.

rrankin · Aug 11, 2016

I would like to see the Howard County Ban go down.

swinokur · Aug 11, 2016

Let freedom ring

danb · Aug 11, 2016

rrankin said:
I would like to see the Howard County Ban go down.

On the one hand, as a HoCo taxpayer, I would like to see the Howard County ban go down the way BC ban went down: BC Atty decided it was unconstitutional. Let's not have taxpayers pay legal fees. On the other hand, isn't it like forcing everyone in HC to chip in to fight civil rights? Maybe to wolfwood? I am conflicted.

wolfwood · Aug 12, 2016

Its a lot easier for a county to repeal its ordiance than it is for a state to repeal its law. So I got a feeling that those ordinances will go away on its own. However I'd be happy to help out a enterprising attorney that wants a win who is licensed in MD

MikeTF · Aug 12, 2016

Tasers should not be more restricted than firearms. Keep up the good work.

rico903 · Aug 12, 2016

Thanks for the heads up and wishing you success.
When did Baltimore County stop enforcing their ban? When tried to order a stun gun awhile back the company would not ship to BC

danb · Aug 12, 2016

rico903 said:
Thanks for the heads up and wishing you success.
When did Baltimore County stop enforcing their ban? When tried to order a stun gun awhile back the company would not ship to BC

Not sure. It is pretty recent though, as in the last few months. Here is the relevant note in the BC code:

https://www.municode.com/library/md...s?nodeId=ART17MIPROF_TIT2FIWE_S17-2-104ELCODE

Editor's note— The Supreme Court of the United States held in Caetano v. Massachusetts, 577 U.S. ;daterule;(2016) that a Massachusetts law banning the possession of a "stun gun" by a person other than law enforcement personnel or a weapons supplier violates the Second Amendment to the United States Constitution. The Baltimore County Attorney believes that the holding applies to, and effectively abrogates, Section 17-2-104 of the Baltimore County Code as currently written.

press1280 · Aug 12, 2016

I'll be curious how/if they defend this. They're usual line of defense is:"Our state courts have upheld it, so it's constitutional."

Master_P · Aug 12, 2016

press1280 said:
I'll be curious how/if they defend this. They're usual line of defense is:"Our state courts have upheld it, so it's constitutional."

My guess would be the 2A-Two-Step via intermediate scrutiny. The Caetano PC ruling did not invalidate stun gun bans. It rejected the MA SJC reasoning that affirmed the ban.

Kharn · Aug 12, 2016

press1280 said:
I'll be curious how/if they defend this. They're usual line of defense is:"Our state courts have upheld it, so it's constitutional."

I love NJ's tortured legal reasonings and ballsiness in intentionally misreading SC precedent.

This should be fun.

wolfwood · Aug 12, 2016

Master_P said:
My guess would be the 2A-Two-Step via intermediate scrutiny. The Caetano PC ruling did not invalidate stun gun bans. It rejected the MA SJC reasoning that affirmed the ban.

I imagine you are right. The D.C. case is first. They are filing a PI in their case. If D.C. rules in Lyons favor that will be two court Michigan and D.C. in favor and zero against tasers. If that is the case I think we will be in good shape. If D.C. rules against George then we will be in for a fight. I've got one taser case up on appeal on the Ninth. I hope these two get done before the Ninth rules so it can help that ruling.

press1280 · Aug 14, 2016

Master_P said:
My guess would be the 2A-Two-Step via intermediate scrutiny. The Caetano PC ruling did not invalidate stun gun bans. It rejected the MA SJC reasoning that affirmed the ban.

That'll be a stretch, not that they won't try. This is a total ban and the precedent for less lethal weapons is against them from the get go. So eventually if this gets to CA3 they may be in a position to strike the ban or split with the Michigan appeals court (cited in Caetano) and the CT supreme Court who ruled batons were also 2A protected.

wolfwood · Aug 14, 2016

press1280 said:
That'll be a stretch, not that they won't try. This is a total ban and the precedent for less lethal weapons is against them from the get go. So eventually if this gets to CA3 they may be in a position to strike the ban or split with the Michigan appeals court (cited in Caetano) and the CT supreme Court who ruled batons were also 2A protected.

Also the Wisconsin Court of Appeals struck down WI switchblade ban.

Elliotte · Aug 15, 2016

wolfwood said:
Its a lot easier for a county to repeal its ordiance than it is for a state to repeal its law. So I got a feeling that those ordinances will go away on its own. However I'd be happy to help out a enterprising attorney that wants a win who is licensed in MD

In the past, in other subject matters, the filing of a lawsuit is often enough to get a county or city govt to repeal their ordinance, rather than fight it.

rico903 said:
Thanks for the heads up and wishing you success.
When did Baltimore County stop enforcing their ban? When tried to order a stun gun awhile back the company would not ship to BC

This is the kind of example of why the ban needs to be repealed/removed rather than just ignored. Ignored laws can change at any moment to suddenly be enforced.

If the opinion is that the ban is unconstitutional, it needs to be removed ASAP.

wolfwood · Sep 19, 2016

everytown filed an amicus in the dc taser case

I didn't feel like making a new thread so I am just putting it here

press1280 · Sep 19, 2016

wolfwood said:
everytown filed an amicus in the dc taser case

I didn't feel like making a new thread so I am just putting it here

They don't seem to take any real position on the stun gun ban other than they want the courts to continue with the weak intermediate scrutiny standard that has basically killed all but a few 2A challenges.

GlocksAndPatriots · Sep 19, 2016

press1280 said:
They don't seem to take any real position on the stun gun ban other than they want the courts to continue with the weak intermediate scrutiny standard that has basically killed all but a few 2A challenges.

But of course, laws infringing on rights that emanate from penumbras should be subject to strict scrutiny. Obviously.

Taser Lawsuit Filed in New Jersey

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