Monday, July 2, 2012

Michigan Court of Appeals Strikes Down Stun Gun Ban, Says Second Amendment Applies to Open Carry in Public

People v. Yanna (Mich. Ct. App. June 26, 2012) holds that Michigan’s stun gun ban violates the Second Amendment. I filed an amicus brief on behalf of AWARE (Arming Women Against Rape & Endangerment) in this case, and also wrote a law review article on the subject (Nonlethal Self-Defense, (Almost Entirely) Nonlethal Weapons, and the Rights To Keep and Bear Arms and Defend Life, 62 Stanford Law Review 199 (2009)), so I’m especially pleased by the result. I hope also that this leads to similar results in some of the other places which ban stun guns — D.C., Hawaii, Massachusetts, New Jersey, New York, Rhode Island, Virgin Islands, and Wisconsin, as well as the several cities that take a similar view, some of which are in relatively right-to-keep-and-bear-arms-friendly areas.

The court also in the process made three broader statements:

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