Lawsuit Challenges NY Stun Gun Ban

The Yonkers Police Department plans to buy another 66 Tasers so patrol officers can be trained in their use and carry them. While police officers can carry stun guns, New York penal law prohibits private citizens from carrying them.
ALBANY – A new lawsuit is challenging New York’s ban on private citizens owning stun guns, claiming it violates the Second Amendment right to bear arms.The lawsuit, filed Saturday in federal court in Albany, is the latest in a series of lawsuits across the nation brought by the California-based Firearms Policy Foundation, a group that wages legal battles over the Second Amendment.

The suit challenges New York penal law, which makes it a crime to possess an electronic dart gun or electronic stun gun.

It highlights the case of Mathew Avitabile, a Schoharie County resident and member of the two organizations who is a co-plaintiff.

Avitabile “would prefer to utilize a Taser for defense of himself, his family and his home due to its proven effectiveness and its proven record of minimizing injury to suspects and/or assailants,” the suit states.

The suit, which was first reported by the Wall Street Journal , claims the Second Amendment protects Avitabile’s right to purchase a stun gun.

State Attorney General Eric Schneiderman’s office declined comment Thursday.

The firearms group has brought about similar stun gun lawsuits in New Jersey and New Orleans.

In addition to New York, stun guns are also currently banned in Hawaii, Massachusetts, New Jersey, Rhode Island and the District of Columbia. Cities such as Baltimore, Chicago and Philadelphia have also made it illegal to own or possess stun guns.

Source: www.lohud.com www.lohud.com

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