By David Codrea
USA – -(Ammoland.com)- “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!
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.
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.