Massachusetts Stun Gun Challenge

[Knuckle Dragger]

For some reason this never got posted here.

Back in February Comm2A and the Center for Individual Right filed a challenge to the Massachusetts ban on possession of electronic weapons. A motion for PI was filed in late March and yesterday the Massachusetts Attorney General filed her Opposition.

Unlike New Jersey, it does not appear that Massachusetts is willing to gentle into that good night.

Find all here: Martel v. Healey.

The plaintiffs cannot plausibly argue that electrical weapons are “lineal descendants” of weapons in common use when the Second Amendment was
ratified. And the weapons available to colonial militiamen did not have features that were precursors of those in present-day electrical weapons, which are wholly different. For example, electrical weapons do not discharge rounds, do not need to be reloaded, injure without leaving a physical trace on their victims, and, most conspicuously, deploy electricity to incapacitate their target. As a result, electrical weapons remain outside the Second Amendment’s reach.

 

[Biggfoot44]

Well if that's how they feel, time to break out rapiers, dirks, tomahawks, sabres, and cudgels.

 

[DC-W]

What the hell?
https://scholar.google.com/scholar_...+massachusetts&hl=en&as_sdt=20000006&as_vis=1

 

[danb]

 

[molonlabe]

NJ has. No problem spending taxpayers money to attack lost causes.

 

[press1280]

What the hell?
https://scholar.google.com/scholar_...+massachusetts&hl=en&as_sdt=20000006&as_vis=1

The ban wasn't technically overturned by SCOTUS, merely that the Mass. high court's reasoning was completely at odds with Heller.

They continue down this road and the ban will be overturned.

 

[wolfwood]

I am hoping for a circuit split. If NY goes one way and Mass goes the other then one of the cases would go to the SUpreme court

 

[press1280]

I am hoping for a circuit split. If NY goes one way and Mass goes the other then one of the cases would go to the SUpreme court

Hopefully, although you can bet if we lose one, then the other will likely carbon copy it and say "No split here!".
I just wonder if the CT baton case would figure into a split, or the "split" SCOTUS is looking for has to be EXACTLY apples to apples (stun guns to stun guns, batons to batons,exc.). To me it's not much of a difference.

 

[redeemed.man]

For some reason this never got posted here.

Back in February Comm2A and the Center for Individual Right filed a challenge to the Massachusetts ban on possession of electronic weapons. A motion for PI was filed in late March and yesterday the Massachusetts Attorney General filed her Opposition.

Unlike New Jersey, it does not appear that Massachusetts is willing to softly into that good night.

Find all here: Martel v. Healey.

Silently into the night? No way. Healey is ten times worse than Kane was and Frosh is. She is who Frosh aspires to be.

 

[Knuckle Dragger]

I am hoping for a circuit split. If NY goes one way and Mass goes the other then one of the cases would go to the SUpreme court

There are a lot of 'ifs' in there. If I absolutely had to make a prediction, I'd say that we're going to win in Massachusetts and that the Commonwealth will not go the their First Circuit. Take that for what it's worth, I'm not often right. Given the background in Caetano, I actually thought that MA would go the NJ route and plead no contest in order to avoid an unfavorable decision. But I also said that without taking into consideration the Healey-Schneiderman alliance.

On the one hand, we have a judge that is probably not going to be receptive to the Commonwealths arguments. On the other can, the First Circuit disposes the Second Amendment.

That leaves us with the Supreme Court. The SJC really painted themselves into a corner with their decision in Caetano. Add to that the SCOTUS smack-down and states, especially Massachusetts, don't have a lot of wiggle room to argue that a blanked ban on electronic weapons is consistent with Heller.

not risk