Summary
The Second Amendment Foundation (SAF) has filed a reply brief with the Second Circuit Court of Appeals, arguing that New York City’s total ban on stun guns violates the Second Amendment.
Attorneys for the Second Amendment Foundation and its partners have submitted a reply brief in Calce v. City of New York, a case challenging the city’s complete prohibition on electronic self-defense weapons such as stun guns and Tasers.
New York City’s law bars residents from possessing any form of electronic defensive weapon, even though such devices are widely used across the country as a non-lethal means of personal protection. SAF is joined in the lawsuit by five individual plaintiffs and the Firearms Policy Coalition.
“Courts across the country have struck down similar bans as unconstitutional,” said SAF Director of Legal Operations Bill Sack. “The District Court upheld New York City’s ban by misapplying the ‘common use’ test, placing it in the wrong part of the analysis and effectively shifting the burden of proof from the government to the plaintiffs. That’s contrary to Supreme Court precedent, and this appeal seeks to correct that.”
The brief argues that the lower court’s ruling conflicts with the Supreme Court’s decisions in District of Columbia v. Heller and New York State Rifle & Pistol Association v. Bruen, both of which establish that the right to keep and bear arms includes commonly used self-defense tools.
“The City’s defense relies on a misunderstanding of how the ‘common use’ principle fits within the framework set by Bruen,” the filing states.
SAF founder and Executive Vice President Alan M. Gottlieb criticized the city’s argument. “The City claims electronic arms are so ‘unusually dangerous’ they don’t qualify as protected arms under the Second Amendment,” Gottlieb said. “That reasoning is flawed and ignores both legal precedent and common sense. These devices are used daily by citizens and law enforcement for lawful defense.”
The plaintiffs are asking the Second Circuit to overturn the lower court’s ruling and strike down New York City’s stun gun ban as unconstitutional.
More details on the case can be found at SAF.org.
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