The Supreme Court wants to hear from the city of New York after the Firearms Policy Coalition, Second Amendment Foundation, and several individual plaintiffs asked the Court to accept their lawsuit challenging the Big Apple’s ban on stun guns. The request from the High Court doesn’t guarantee that the justices will grant cert in Calce v. New York, but it does indicate that one or more justices are interested in the lawsuit.
Back in 2016, SCOTUS issued a per curiam opinion in Caetano v. Commonwealth of Massachusetts that rejected the state’s arguments in favor its own stun gun ban. The Court reminded the First Circuit that the Second Amendment doesn’t only protect those arms that existed in 1791, but modern arms as well. SCOTUS didn’t directly strike down the stun gun ban, but it did negate the argument used to uphold it. …………………
While Massachusetts ended its outright prohibition shortly thereafter, New York City has kept its ban on the books. A district court judge and the Second Circuit Court of Appeals have upheld the ban, arguing that the plaintiffs failed to “provide any evidence that stun guns and tasers are in common use.”
The cert petition filed with the Court not only questions the Second Circuit’s opinion on the validity of the stun gun ban, but how the Court reached its conclusion. Does a challenger to a ban on a type of arm have to first demonstrate that the arm is “in common use” to establish that the ban implicates the Second Amendment’s plain text? Or is it up to the defenders of the ban to demonstrate that the arm is not in common use for lawful purposes?
Hellbound and Down 