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Do You Have a Right To Use Electrical Weapons?

An anonymous reader writes: David Cravets points out a growing debate in U.S. constitutional law: does the second amendment grant the same rights regarding electrical weapons as it does for traditional firearms? A Massachusetts ban on private ownership of stun-guns is being considered by the Supreme Court, and it's unclear whether such ownership has constitutional protection. The state's top court didn't think so: "... although modern handguns were not in common use at the time of enactment of the Second Amendment, their basic function has not changed: many are readily adaptable to military use in the same way that their predecessors were used prior to the enactment. A stun gun, by contrast, is a thoroughly modern invention (PDF). Even were we to view stun guns through a contemporary lens for purposes of our analysis, there is nothing in the record to suggest that they are readily adaptable to use in the military." The petitioner is asking the court (PDF) to clarify that the Second Amendment covers non-lethal weapons used for self-defense. Constitutional law expert Eugene Volokh agrees: "Some people have religious or ethical compunctions about killing. ... Some adherents to these beliefs may therefore conclude that fairly effective non-deadly defensive tools are preferable to deadly tools."

4 of 698 comments (clear)

  1. Re:Yes by msauve · · Score: 4, Funny

    Is that a broadsword concealed in your pocket, or are you just happy to see me?

    --
    "National Security is the chief cause of national insecurity." - Celine's First Law
  2. Re:Yes by FranTaylor · · Score: 4, Funny

    the supreme court could rule tomorrow that "well regulated" means "with mustard and mayonaisse"

  3. Re: Yes by amicusNYCL · · Score: 4, Funny

    Right, because when someone breaks into my house nothing gets them out quicker than lighting the entire thing on fire.

    --
    "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
  4. Re:Exclusivity by PortHaven · · Score: 2, Funny

    Yes....

    But I also understand the difference of unarmed human spirit....and armed human spirit.