Two New Second Amendment Challenges

Stun Gun
Stun Gun
Commonwealth Second Amendment (Comm2A)
Commonwealth Second Amendment (Comm2A)

U.S.A.-(Ammoland.com)- On Thursday, February 16th, Comm2A and the Center for Individual Rights filed a federal lawsuit on behalf of three individual plaintiffs challenging the constitutionality of the Commonwealth’s ban on the possession of Tasers, stun guns, and other electrical weapons.

Martel v. Healey alleges that electrical weapons are “arms in common use” and therefore their possession by law-abiding adult citizens is protected by the Second Amendment right to keep and bear arms. The complaint alleges that the constitutional rights of the plaintiffs are being violated because Massachusetts law prohibits the possession of a class of arms protected by the Second Amendment.

The complaint seeks a declaratory judgment that the Commonwealth’s prohibition on electronic weapons violates the Second and Fourteenth Amendments and an order permanently enjoining the Commonwealth from enforcing the ban.

Updates to the project will be posted at Martel v. Healey as well as on the Comm2A Leaderboard.

Assault Weapons Ban Challenged

Assault Weapons Ban

On January 23rd a lawsuit was filed in federal court challenging the constitutionality of the Massachusetts ban on the possession of so-called ‘assault weapons’. This effort was a joint project between Comm2A, the NRA and GOAL which is also an organizational plaintiff in the suit.

The lawsuit seeks declaratory judgements that the Assault Weapons Ban is an unconstitutional violation of the Second and Fourteenth Amendments; that the “copies or duplicates” language in the July Notice of Enforcement is a retroactive application of a new law in violation of the plaintiffs’ Fourteenth Amendment rights; and that the phrase “copies or duplicates” is also a violation of Fourteenth Amendment because it is unconstitutionally vague. The suit asks the court to enjoin the Commonwealth from enforcing the Assault Weapons Ban.

The Commonwealth has until March 16th to answer the complaint. Worman v. Healey and the Comm2A Leaderboard will be updated as the case develops.

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Robert Workman

I just can not comprehend how our government, our court system, and the common wealth of this Great Nation just don’t get it our founding fathers when they wrote our Constitution they made shore that the way it is written our 2nd Amendment rights should have NO misunderstanding what so ever. Anyone with common sense can read and understand what it means. But you have these morons like HRC, Sanders, Bloomberg, Moore, the list can go on and on. What hypocrite’s these people are they should be put in there place in the new world order which is the “communist… Read more »

Wild Bill

@Robert Workman, The corruption of our constitutional system began with the word “profit”. Every politician, judge, legislator, and president has been corrupting and building on the corruption of his predecessors. Even now, Jarret, Obama (aka Barry Soetoro) and others are being funded by Soros to find a way to impeach Donald Trump.

Robert Workman

You are so right there !!!. It’s these types of individuals we need to watch for and do what is need to correct them and the problems they create.

dchrist

Sneeky, snively, two faced, fork tounged, holier than though they may be – but morons they are not. DO NOT UNDERESTIMATE THEM – that is how they have met with so much success already!

Barry

The MORONS in these government positions would ban knives with certain types of handles if they thought they’d get away with it. They won’t be happy until their citizens have been rendered completely defenseless.

Ptol

Massachusetts also prohibits carrying most kinds of knives

Barry

And on the flip side, Kansas even allows us to carry switchblades.

John Hamilton

Any and all weapons are allowed to Americans… PERIOD! No further discussion required.

Wild Bill

@John Dunlap Hamilton, I like everything that you said except the word “allowed”.

John Dunlap

The only entities on the planet that both logic and common sense, prove should be denied arms in the interest of public safety, are governments.

M.D. Taylor

I under stand Special Forces will be issued 10 billion watt tasers on 20ft. Poles to increase there range for close combat operations, this willl certainly improve the letholaty for the military in times of war.

Patrick Sperry

It is also an ex post facto application of law (The AWB portion) but my guess is that they don’t want to open up that can of worms least The Lautenburg Act be shown to be clearly what it is.