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Home – Second Amendment News – New York Ban on Nonlethal Weapons ‘Undermines’ Supreme Court, Expert Warns

New York Ban on Nonlethal Weapons ‘Undermines’ Supreme Court, Expert Warns

A federal appeals court is defying a pivotal Supreme Court opinion on the Second Amendment and making New Yorkers less safe by upholding a New York City ban on nonlethal electronic weapons like Tasers and stun guns, legal experts warn.

“The 2nd Circuit [Court of Appeals] has found a way to undermine” a key Supreme Court precedent on the Second Amendment, Dave Kopel, research director at the Independence Institute, told the Daily Signal.

In 2021, five prospective stun gun owners sued New York City and NYPD Commissioner Dermot Shea, alleging that New York Penal Law §265.0, which prohibits the possession of stun guns and Tasers, violates the Second Amendment.

A federal district court decided in favor of New York City last year, upholding the ban. The plaintiffs appealed to the U.S. Court of Appeals for the 2nd Circuit, which delivered its opinion last month.

“No reasonable jury could return a verdict that stun guns and Tasers are presumptively protected by the Second Amendment,” the three-judge panel stated.

Defying the Supreme Court?

In New York State Rifle & Pistol Association v. Bruen (2022), the Supreme Court created a two-step test to determine whether a law violates a person’s Second Amendment right.

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David Kopel, a Second Amendment scholar who serves as research director at the Colorado-based think tank Independence Institute, told the Daily Signal that the 2nd Circuit’s ruling conflicts with the Bruen standards.

The Bruen standard ought to be a simple test, Kopel claimed.........

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