By David Codrea
USA – -(Ammoland.com)- In a “stunning” development for the right to keep and bear arms advocates, New Jersey Attorney General Christopher S. Porrino has agreed that the state’s total ban on electronic arms such as tasers and stun guns is unconstitutional.
The formal admission was made in a Wednesday consent order filed in response to a complaint by the New Jersey Second Amendment Society and co-plaintiff Mark Cheeseman against Porrino and Superintendent of the New Jersey State Police, Col. Rick Fuentes.
See below for the legal documents.
“Pursuant to the holdings in Heller, McDonald and Caetano, N.J. Stat. Ann. § 2C:39-3(h), to the extent this statute outright prohibits, under criminal penalty, individuals from possessing electronic arms, is declared unconstitutional in that it violates the Second Amendment to the United States Constitution and shall not be enforced,” the consent order declares.
“It’s been a long time coming,” plaintiffs’ attorney Stephen D. Stamboulieh told AmmoLand Shooting Sports News. Joining him as counsel are attorneys Alan Beck and Ryan Watson. “We are glad that the Attorney General finally recognized that New Jersey's ban violated the Second Amendment and we are hopeful the Court enters the Order soon.”
Stamboulieh was referring to the fact that although the state has conceded the point and “[a]ll of the parties to this matter have consented to the contents of the proposed Order and consent to the Court entering the Order,” Judge Michael A.
Shipp of the United States District Court for the District of New Jersey must still sign off on it and provide direction.
The effects of that will be felt beyond New Jersey. Stamboulieh immediately followed up on winning the concession by sending a notification letter to U.S. District Judge David N. Hurd, in the matter of Avitabile, et al. v. Cuomo, et al., to advise him of the essential similarity between New York law and the admittedly unconstitutional New Jersey law.
As noted in an AmmoLand report filed last month, New York Attorney General Eric T. Schneiderman insists there’s no right to own a taser or a stun gun even in a citizen’s own home.
In a tangentially related development, Stamboulieh advises AmmoLand in advance of announced results that he has been informed he did not win election to the National Rifle Association’s board of directors. A combination of low voting member participation and the overwhelmingly disparate publicity reach enjoyed by Nominating Committee picks vs. maverick hopefuls makes such independent candidacies extreme long shots.
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.