Massachusetts’s ban on the possession of stun guns has been ruled unconstitutional by the Supreme Court as a violation of the Second Amendment’s right to bear arms. In 2015, the Supreme Judicial Court of Massachusetts (“SJC”) upheld the constitutionality of Massachusetts’s prohibition on the possession of stun guns (Jaime Caetano v. Massachusetts, 470 Mass. 774 (2015)). This year, the Supreme Court of the United States (“SCOTUS”) overturned this decision finding the categorical prohibition inconsistent with SCOTUS precedent. (Jaime Caetano v. Massachusetts, 577 U.S. ____ (2016)).
As background, the case began when a woman, Jaime Caetano, was given a stun gun by a friend to protect herself against an abusive ex-boyfriend and the father of her children. It is important to note that Ms. Caetano obtained multiple restraining orders against her ex-boyfriend that all proved futile. One night after work, Ms. Caetano’s ex waited outside her work place, confronted her, and began screaming harassing statements towards her. Ms. Caetano pulled out her stun gun and threatened to use it. The ex-boyfriend backed off and left. At a later date, Ms. Caetano was suspected of shoplifting. She consented to have her purse searched, and police officers found the stun gun in her bag. She was arrested, charged, and eventually found guilty of “possessing an electrical weapon” aka the stun gun. She appealed to the SJC on Second Amendment grounds. The SJC rejected her claim. Continue reading