Ramirez v. Commonwealth

The absolute prohibition against civilian possession of stun guns under Mass. Gen. Laws ch. 140, 131J violates the Second Amendment to the United States Constitution.Defendant was charged with possession of a stun gun, among other crimes. Defendant to dismissed that count of the complaint, arguing that section 131J’s criminal prohibition of the possession of stun guns by civilians violates the Second Amendment. The trial judge denied the motion. The Supreme Judicial Court vacated the district court’s order denying Defendant’s motion to dismiss and directed the judge to allow the motion, holding (1) stun guns are “arms” within the protection of the Second Amendment and therefore may be regulated but not absolutely banned; (2) consequently, the absolute prohibition in section 131J that bars all civilians from possessing or carrying stun guns, even in their home, violates the Second Amendment; and (3) section 131J in its current form is facially invalid. View "Ramirez v. Commonwealth" on Justia Law