u/GooseMcGooseFace

CA2 AFFIRMS lower court decision upholding New York City ban on stun guns and tasers.

CA2 Decision here

District Decision here

It seems both the lower court and Circuit court were harping the plaintiffs for not proving that stun guns were in "common use." However, if you read Caetano, SCOTUS made it very clear that "the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.” The Supreme Court said that stun guns are protected arms but the district court and appeals court are using THEIR OWN PRECEDENT by citing "weapons in common use today for self-defense" from Gomez and completely ignoring the SCOTUS precedent of Heller. What could be the reason for this jurisprudence that is not open malice to the second amendment?

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u/GooseMcGooseFace — 3 days ago