New York AG Claims No Right to Own Taser or Stun Gun Even in Own Home

By David Codrea

Schneiderman and his retinue of elites and “Only Ones” not only don’t want you to have firearms, they don’t even want to allow you to have “less than lethal” protection. [Eric T. Schneiderman/Facebook photo]
USA – -( “New York Attorney General files response in Taser case, and no, it’s not a joke,” attorney Stephen Stamboulieh notes in response to the state’s position in the matter of Avitabile v. Cuomo. “I guess before I argue these motions on March 24, 2017, I have to figure out if the Supreme Court’s Heller opinion is binding law in New York. “

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!

Stamboulieh with Dick Heller

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.

David Codrea in his natural habitat.

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.

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Steve D Ward

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.

Chuck Morrison

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…

Dave Eckart

And in Virginia, less lethal tools, such as pepper spray and tasers and stun guns, are not allowed to be concealed, even with the permit. The permit is called a concealed carry permit, but it is strictly for handguns only. There is a bill being put forth in the state legislature to make CC legal for all weapons, but it would still need to be signed by the Democrat governor.

I like the video game analogy, unfortunately it is really buggy and the designer must be consuming copious quantities of strong psychotropic drugs.

Bob's Your Uncle

In Virginia, the mother-may-I card is actually called a “concealed handgun permit,” not a concealed carry permit, and is indeed limited to handguns. I know this as I am currently looking at mine.

Dave Eckart

True, it is a CHP, but in common usage, it’s called a concealed carry permit, although, as you pointed out, it only allows the cc of handguns. I hope that the bill to change it to a concealed weapons permit passes and gets signed. It’s ridiculous that one is allowed to cc a Letha weapon, but it is unlawful to carry a less lethal weapon.

Bob's Your Uncle

How many legs does a four legged cat have if you call its tail a leg? In common usage you may inappropriately and mistakenly call it a concealed carry permit but that does not make it a concealed carry permit. You could also call it a concealed explosives permit but it will not be one. Or call it a spiny lobster. It won’t matter. And this is not a question of semantics. The application, the law and the permit itself clearly state permit to carry a concealed handgun. Nothing else. I have no problem with the law being changed to… Read more »

Dave Eckart

As I stated, you are correct. I was only addressing the fact that most call it a concealed carry permit, but, also, as I stated, it is only for handguns. That was the point I was addressing – that we are allowed to carry a lethal weapon concealed, but not a less lethal weapon. I was addressing the inanity of that.


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.


I’d suggest we do the same with all those who stand with him, including LE Brass…

Leon A Moon

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.

Bad Cyborg

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.

Dan Frain

Have you read “What good is a handgun against an army” by the late Mike Vanderboegh? It’s not hard to find online, and it won’t take you long to read.

Soon, you’ll be asking others if they’ve read it. Another interesting piece in a similar vein is Matt Bracken’s “What I saw at the coup.” You can probably read them both in under an hour. Go for it.


LOL Stephen is an idiot. they are out there just buy it illegally. Idiots like this keep the black market open for business.. Rather be shot with a Taser than a.38 any day. And Dan. With as many guns that we have (meaning the people), even our own troops if used against us would take heavy losses. Take that to the bank. And now tomorrow I will get a visit from Homeland. .


Someone needs to step on NY’s BALLS…………. HARD ! Nazis in NY clothing, nothing more.

Bad Cyborg

Not NY’s just the progs in public office. Of course the problem is they don’t have anything to step on. Nuticles in every one of them.


Ok, so I called the number. I selected “1 for English.” After the English, I had to listen to the entire script in spanish.

And “Press ‘Star’ for information about Trump and his Administration.
(I wonder what deadend that leads to.)


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


Only slightly off topic, but the idiot governor of NY is fundraising in FL now for a Presidential campaign in four years. It shows just how clueless and out of touch new yorkers and Dems are to seriously consider a major gun banner as a candidate. This would be a major gift for trump to make sure he wins the great lake states and florida again.

Jim S

Unfortunately, many anti gunners live in the large population blue states. He would have a decent chance to win and we are out in the cold. Firearms owners need to VOTE


moron has no idea supreme court is binding if you actually are a state in this country

then again new york runs things as if totally a separate country on a totally different planet

we got to stop focusing on hating trump and start going after all these idiots actually working openly to destroy civil rights and protecting violent criminals

James Andrews

Wow……is New York State screwed up or what? Unbelievable! Don’t worry new Yorkers…….we’ve got your back!

Eileen Kuch

James, I thought California had the worst state gov’t. in the entire US. Looks like New York State is right up there, when it comes to insanity. NY AG Eric Schneidermann must be a total idiot to make such a crazy claim. The US AG, Jeff Sessions, ought to travel up to Albany and give him a few lessons about the 2nd Amendment and the God-given Right to Life. I know New York City’s screwed up, but north of the city is much more conservative, and many of the residents up there legally own firearms, which are used mostly for… Read more »