By David Codrea
The memorandum by A.G. Eric T. Schneiderman seeks the United States District Court for Northern District of New York’s denial of an injunction to lift a state ban, citing six points for the court to consider, including the plaintiff “does not have a Second Amendment right to possess a Taser or a stun gun – even within his own home … There is a legitimate question as to whether Tasers or stun guns are even “bearable arms” [and] There is also a legitimate question as to whether Tasers or stun guns are ‘in common use…’”
Schneiderman further maintains the plaintiff “cannot make a ‘clear showing’ that they will prevail on the merits [think about that for a moment], nor can they show that they face a harm that is ‘actual and imminent, [and think about that]’” and that “there is … no ‘substantial burden’ on his Second Amendment rights [and that].” He further argues for using “intermediate scrutiny,” that is, a lesser legal review standard than “strict scrutiny.”
Forget the Second Amendment for a moment. The very thought of some “official” telling you that you may not own a stun gun, even in your home, ought to be repugnant to all good Americans. To forbid so-called “less than lethal” options from supposedly free citizens ensures those denied “permits” to carry firearms truly are being mandated into defenselessness.
As for whether or not the device is “bearable,” such an objection is absurd on its face. As for questioning whether it’s “in common use,” you’d think New York’s rulers would have heard of the NASDAQ. As for being useful for military (and thus militia) activity, the true test of “common use,” the Department of Defense seems to think so.
As for Shneiderman, we’re not only dealing with a committed oath-breaking extortionist, but a tyrant wannabe who actually had the gall to maintain the answer to New York “Only Ones” shooting bystanders is more citizen disarmament!
As for Stamboulieh, if you’re a voting member of the National Rifle Association and haven’t cast your ballot yet, he is my (only) choice for the board. Previous reports have chronicled his challenges to New Jersey carry permit denials, machine gun bans, a Freedom of Information Act filing regarding Fast and Furious “gunwalking,” and his work at getting an FBI NICS denial reversed.
You can learn more about his work in the AmmoLand Shooting Sports News archives, his website, and his blog.
About David Codrea:
David Codrea is the winner of multiple journalist awards for investigating / defending the RKBA and a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament.
In addition to being a field editor/columnist at GUNS Magazine and associate editor for Oath Keepers, he blogs at “The War on Guns: Notes from the Resistance,” and posts on Twitter: @dcodrea and Facebook.
And they wonder why so many cops are getting killed. What idiots
Spend just a second to think about this point. If a politician stood up and said that you did not have the right of free speech, even in your own home or the right to liberty, justice, freedom, happiness, or due process in your own home, would the ACLU, Federal Courts and the Supreme Court go in an uproar over that suggestion. If so then why are these groups so silent when our 2nd amendment rights are so trampled by today’s politicians and rogue justices. If one part of our Constitution gets trampled then the entire Constitution becomes vulnerable to… Read more »
By what lawful authority do they speak and decide for the people? That would be the challenge. It would be for the betterment of the people if these pencil neck sissies would keep their noses where they belong- up their own a**es.
And yet, even in NY, you can own a firearm…….So….I can kill ’em, I just can’t incapacitate ’em. Riiiight….I think the scientists saying the universe might be a holographic simulation may well be right. The cognitive dissonance, and complete breakdown of logic must be part of the programming, for the sake of the unseen ‘gamers’ playing ‘Dumb Earthling Rampage 6.0’, or whatever…
You SOB’s don’t listen to President #45 and you think I’m going to listen to you. Stop by my house and you’ll get tazzed a$$hole.
Just take away ALL of his ARMED guards, Refuse to answer his calls for help at any faster rate than that ordinary citizens experience; Bar him and any and ALL politicians from having permits, armed guards or other such aggressive protection, Take away his chauffeur driven automobile with its bullet proof glass.
Look up ‘Caetano V Massachusetts’ where the SCOTUS ruled that not only stun guns are indeed bearable arms, but also brass knuckles, auto knives, saps and such. The Mass court is supposed to be amending their laws. Don’t hold your breath for that to happen.
I’d like to see the coprophagic, urolalic patri-fellating oedipus try and enFORCE that ruling. Those prog barstids truly want us to be utterly defenseless. I can see where they’re coming from, though – kinda. If we all had easy access to stun guns and tasers, we might use them to acquire REAL firepower which we could then turn around and use to kill “innocent” prog public officials such as him.
Someone needs to step on NY’s BALLS…………. HARD ! Nazis in NY clothing, nothing more.
I have half an answer …… Call his office and mention what a DUMB ASS MORON he is on his OFFICE PHONE LINE……… leave a message like I did telling him he’s a MORON and nothing less ! EASY
That number would be 1-800- 771-7755