Exclusive: New Jersey Activists Win Major Concession from State on ‘Electronic Arms’

By David Codrea

Stun Gun
New Jersey Activists Win Major Concession from State on ‘Electronic Arms'
David Codrea
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.

Stephen Stamboulieh
Stephen Stamboulieh: The New Jersey concession won by Stamboulieh and fellow attorneys Beck and Watson could help overturn a similar ban on electronic arms in New York.

“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.

Letter to Judge Hurd and NJ Consent Form by AmmoLand Shooting Sports News on Scribd

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.

  • 6 thoughts on “Exclusive: New Jersey Activists Win Major Concession from State on ‘Electronic Arms’

    1. Why aren’t they helping Nick Puporo with his lawsuit against Christy ,several legislators and some judges? That will bring real change to NJ firearms laws.

    2. I have no desire for a rocket launcher, but I firmly believe that the 2nd Amendment was put there to declare that ALL weapons that a military possesses could be had by the civilian populace. Although some may think this is ludicrous, have to remember that our freedom was won by civilians who fought with the weapons that they had. Knives, guns, and electronic arms should all be legal.

    3. Electronic firearm should be defined. The term stun gun is not mentioned until the end of the article. What kinds of electronic firearms are covered by this ruling ?

    4. Is there a thaw in the “iceberg” known by us NJ residents as 2nd Amendment infringements? I hope so. Truth be told, the real first responders in NJ & in this country are an armed citizenry – always have been & always will be. Why? Paid uniformed first responders (who I respect & support with my life) are often too late – like 4 minutes by national average AT BEST. Not their fault. They can’t be everywhere all of the time. So, as NJ inches its way toward true 2nd Amendment freedoms and until “the right to keep and bear arms shall not be infringed” is accepted in totality by the State of New Jersey, we will continue to applaud members of NJ government (like New Jersey Attorney General Christopher S. Porrino) & organizations like NJ2AS to keep things moving forward for NJ citizenry. Like the sign says, “I carry a gun because a police officer is too heavy.”

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