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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:Well-regulated militia by PortHaven · · Score: 4, Informative

    Which if you do research, you will learn did not mean "regulations" as we use the term today. It meant "well trained/equipped"...

  2. Re:Can't see any logical difference by FranTaylor · · Score: 2, Informative

    Prohibition used to be constitutional.

    Was it right when it was constitutional?

  3. Re: Yes by C0R1D4N · · Score: 3, Informative

    Artillery is ordnance not arms. Explosives were not considered personal arms by the framers.

  4. Re:Yes by khasim · · Score: 5, Informative

    You're on the wrong point.

    But even there-- how much regulation is "well regulated" without shading into the "abridging" region?

    "Well regulated" means "trained" or "skilled" in that context at that time. The SCOTUS has already ruled on that.

    And "militia" means most male citizens (between certain ages).

    But neither of those are an issue because the last part says:

    ... the right of the people to keep and bear Arms, shall not be infringed.

    And the SCOTUS has also ruled on who "the people" are in that context.