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NJ Stun Gun law ruled Unconstitutional

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So does this mean we can get tasers now?

 

http://www.evannappen.com/nj-ag-stun-gun-ban-is-unconstitutional.html

 

 

 

In a brief dated November 7, 2016, submitted in the Appellate case of State v. Lambert, the Office of the Attorney General concedes that New Jersey’s Stun Gun Ban is unconstitutional, stating:

"[T]he State agrees with defendant that New Jersey’s stun-gun statute, N.J.S.A. 2C:39-3h, is unconstitutional in light of Caetano v. Massachusetts, 136 S.Ct. 1027 (2016), and defendant’s conviction under that statute should be vacated in the interests of justice." (See attached.)

This position was in response to a brief filed on behalf of Appellant Lambert by Joshua Sanders, Esq., of the New Jersey Office of the Public Defender Appellate Division. (See attached.)

In this case, Lambert was charged in 2009 with possession of a stun gun in violation of N.J.S. 2C:39-3h, as well as other non-weapons charges.  

Although the appellant did not raise this constitutional issue in his original 2015 plea, the Attorney General confirms in its brief:



"[T]he State agrees with defendant’s reading of United States Supreme Court precedent. To briefly recap Second-Amendment jurisprudence, the United States Supreme Court held that “the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding,” District of Columbia v. Heller, 554 U.S. 570, 582 (2008), and that this “Second Amendment right is fully applicable to the States[.]” McDonald v. Chicago, 561 U.S. 742, 750 (2010)."

The AG further recognizes: 


"The State is unaware of any legitimate basis to distinguish New Jersey’s stun-gun statute from Massachusetts’ statute. The New Jersey stun-gun statute, like the Massachusetts statute, criminalizes mere possession of a stun gun….. Since both statutes criminalize mere possession of a stun gun, for the reasons outlined in Caetano, New Jersey’s stun-gun statute, like Massachusetts’s statute, violates the Second Amendment."

 

 

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Taser is a brand name not a type of device. The type of device is classified as a Conducted Electrical Device or CED in NJ. Taser classifies it as a Conducted Electrical Weapon or CEW.

 

By statute, NJ considers any CED/CEW a Stun Gun whether it can induce Neuro Muscular Incapacitation (NMI) - the ability to lock the muscles up so that the target can not overcome - or not.

 

Technically, a stun gun does not fire darts and works only on pain compliance. It does not have the ability to produce NMI. A Taser has the ability to do both.

 

A lot of factors have to line up in order for a Taser to get a desired effect. It's not quite as "point and shoot" as Taser Inc would have you believe.

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And check this out from the Party of 6 lawyer regarding their case challenging the stun gun ban (my emphasis added):

 

http://www.sdslaw.us/single-post/2016/11/11/In-a-baffling-answer-filed-by-New-Jersey-in-the-Taser-case

 

 

November 11, 2016

In a baffling answer filed by New Jersey in the Taser case...

New Jersey denies that its stun gun/taser law is unconstitutional, and that somehow, New Jersey civil procedure rules apply in federal court (where we have the, ahem, federal rules of civil procedure).  Let's just skip to the point.  New Jersey, in a filing in a criminal case three days prior to answering in the NJ2AS/Mark Cheeseman case, already admitted its stun gun ban is unconstitutional.

New Jersey's answer to the NJ2AS/Mark Cheeseman complaint is here.

New Jersey conceding its stun gun ban is unconstitutional and violative of the Second Amendment in the criminal case is here.

And yes, we will be bringing this to the Court's attention today.

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Subbed - maybe we can get gun rights back by way of tasers LOL - personally I would feel better if my wife could carry a taser when she is out alone without me

 

when would this take effect? immediately or does it have to pass through the maze of people?

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when would this take effect? immediately or does it have to pass through the maze of people?

 

My take:

 

The law is on the books, but the top NJ law enforcement officer (the attorney general) has filed a court document conceding that it is unconstitutional.

 

Until the law is repealed, or until the NJ AG issues a directive to LEO's not to enforce it, you'd likely still get arrested if you are found in possession of a stun gun.

 

Somewhere between your arrest, the prosecutor deciding to charge you, and your arraignment/court hearing/trial your lawyer would bring up the NJ AG's filing in the other case and charges would either not be filed, or the prosecutor would drop the case.

 

The state of NJ could go several ways here - they could just repeal the law and just not have any law on stun guns, or they could draft new laws that allow stun gun possession, but put similar restrictions on them as, say, handguns (can only possess in certain exempted places/situations).

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Taser is a brand name not a type of device. The type of device is classified as a Conducted Electrical Device or CED in NJ. Taser classifies it as a Conducted Electrical Weapon or CEW.

 

Now, NJ considers any CED/CEW a Stun Gun whether it can induce Neuro Muscular Incapacitation (NMI) - the ability to lock the muscles up so that the target can not overcome or not.

 

Technically, a stun gun does not fire darts and works only on pain compliance. It does not have the ability to produce NMI. A Taser has the ability to do both.

Any opinions on this taser? Seems reasonably priced,ccw friendly, and has a back up stun feature.

 

https://loadoutroom.com/19758/taser-pulse-review-part-1/

 

I'm trying to do some research if things go our way

 

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My take:

 

The law is on the books, but the top NJ law enforcement officer (the attorney general) has filed a court document conceding that it is unconstitutional.

 

Until the law is repealed, or until the NJ AG issues a directive to LEO's not to enforce it, you'd likely still get arrested if you are found in possession of a stun gun.

 

Somewhere between your arrest, the prosecutor deciding to charge you, and your arraignment/court hearing/trial your lawyer would bring up the NJ AG's filing in the other case and charges would either not be filed, or the prosecutor would drop the case.

 

The state of NJ could go several ways here - they could just repeal the law and just not have any law on stun guns, or they could draft new laws that allow stun gun possession, but put similar restrictions on them as, say, handguns (can only possess in certain exempted places/situations).

I agree with your assessment.

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I'd say high - "on the street" policemen probably will have no knowledge of what's going on unless the AG issues a directive, so they'll go by the law they know: possession is illegal, arrest.

i meant as far as the AG issuing a directive,  whats the likelihood of something like that?

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Any opinions on this taser? Seems reasonably priced,ccw friendly, and has a back up stun feature.

 

https://loadoutroom.com/19758/taser-pulse-review-part-1/

 

I'm trying to do some research if things go our way

 

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Miata,

 

I have no idea if that device is any good. Taser makes good gear, but that thing is new. Additionally, right now the only devices authorized by the State of NJ for LEO use are the Taser X26 and the Taser X2. I don't know if any agency in the state that carries the X26.

 

Also, keep in mind that the civilian models are generally not as powerful voltage wise, but they run for a 30 second discharge, not a 5 second ride like LEO devices. If you think about it, and the differences between why a citizen would use a Taser vs a LEO, it makes sense. 30 seconds give a citizen a chance to run away to a place of safety after an unplanned depoliynent in self defense. 5 seconds gives LEOs a chance to take control of a potentially dangerous situation after a planned deployment with a rehearsed and trained response.

 

Another thing to keep in mind. A Taser is not a panacea for self defense. A lot can go wrong with a Taser deployment and it is not a substitute for deadly force - if that's what is warranted. A taser should be carried in addition to a handgun, not in place of.

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Miata,

 

I have no idea if that device is any good. Taser makes good gear, but that thing is new. Additionally, right now the only devices authorized by the State of NJ for LEO use are the Taser X26 and the Taser X2. I don't know if any agency in the state that carries the X26.

 

Also, keep in mind that the civilian models are generally not as powerful voltage wise, but they run for a 30 second discharge, not a 5 second ride like LEO devices. If you think about it, and the differences between why a citizen would use a Taser vs a LEO, it makes sense. 30 seconds give a citizen a chance to run away to a place of safety after an unplanned depoliynent in self defense. 5 seconds gives LEOs a chance to take control of a potentially dangerous situation after a planned deployment with a rehearsed and trained response.

 

Another thing to keep in mind. A Taser is not a panacea for self defense. A lot can go wrong with a Taser deployment and it is not a substitute for deadly force - if that's what is warranted. A taser should be carried in addition to a handgun, not in place of.

Well us civilians can't carry a gun anyway. It would supplement my mace and (last resort)emerson edc

 

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