New York man gets state stun gun ban overturned based on his Second Amendment rights

By Evie Fordham

Banning the personal ownership of stun guns in New York state is unconstitutional because it violates individuals’ Second Amendment right to bear arms, a federal judge ruled last week.

“New York’s sweeping prohibition on the possession and use of tasers and stun guns by all citizens for all purposes, even for self-defense in one’s own home, must be declared unconstitutional,” U.S. District Judge David Hurd wrote in his decision according to The Associated Press. Hurd also wrote that people trading firearms for stun guns could result in less weapons deaths.

Matthew Avitabile of Schoharie County, New York, had brought the suit against the state police superintendent, since that agency enforces the state’s weapons laws. Avitabile wanted to buy a stun gun to defend himself in his home in rural upstate New York, reported The AP.

Avitabile is also the mayor of Middleburgh, New York, and said that although his town is as safe “as Mayberry,” he wants New Yorkers to be able to protect themselves, reported The New York Post.

Forty-seven states allow tasers and stun guns with varying levels of regulation, according to The New York Post. Now the stricter states are starting to reverse course. For instance, Illinois’ Supreme Court ruled in favor of two men charged with carrying stun guns Thursday, according to The AP. A Massachusetts court ruled that state’s stun gun ban unconstitutional in 2017.

New Jersey’s state attorney general declared the state ban on electronic arms like stun guns unconstitutional in 2017.

New York state is not known for being friendly to firearms businesses either. For example, New York-based, firearms-related business company Check-Mate Industries is expanding not in the Empire State, with its highly restrictive gun control laws, but in Georgia.

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Image courtesy of U.S. Army

4 thoughts on “New York man gets state stun gun ban overturned based on his Second Amendment rights

  1. Nice that 5 cities require you to carry a gun and they are the safest places.
    Kennesaw, Georgia, Nelson, Georgia, Nucla, Colorado, Gun Barrel City, Texas, Virgin, Utah

    Stated :Nelson unanimously passed an ordinance making gun ownership mandatory in 2013.”
    Kennesaw has the most well-known gun mandate in the country. In 1982, a law was passed requiring heads of households to own at least one firearm.
    With just around 700 people, Nucla passed what they call the “Home Protection Ordinance” in 2013,
    Gun Barrel City The city’s motto is “We shoot straight with you.”
    Virgin Utah: The mayor at the time encouraged this move because most citizens had already owned guns.

    This is practical ordinance, government for the people.

  2. You can own a firearm in NY City without a permit, as long as your a Criminal or Crazy,
    DemocRATs just don’t think law-abiding citizens have that right to protect, they know best !!

    With all the foolish agenda laws being passed, pretty soon all gun owner will become
    criminals when enough is enough……..Heed the warning !!

    It just goes to show how the City, controls the entire state…..Pretty sad.

  3. Amazing this got through. The New York moonbats must have been focused on something more important like killing babies.

  4. Surprising it got through the Leftist NY government which like all Demonrat controlled states
    don’t want you to be able to protect yourself from their little criminal minions who keep
    them in power. In their estimation it’s safer for you to be unarmed against the lawless
    then be able to defend yourself.
    I couldn’t believe it when sending my Girls to Boston for Collage They informed me
    I couldn’t give them pepper spray as they’d be jailed for using them against a criminal.
    Anti American every last Demonrat..Progtard..

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