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Thread: Court: Stun gun possession is a right protected by Michigan, U.S. constitutions

  1. #1
    Regular Member detroit_fan's Avatar
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    Court: Stun gun possession is a right protected by Michigan, U.S. constitutions

    http://www.freep.com/article/2012062...text|FRONTPAGE

    I found this interesting-

    "The court did say, however, that a total prohibition on the open carrying of a protected arm such as a taser or stun gun is unconstitutional.
    If guns cause crime, all mine are defective- Ted Nugent

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    Quote : 2008 U.S. Supreme Court decision involving handguns which “guarantee(s) the individual the right to possess and carry weapons in case of confrontation”

    So, we can carry tazers and other weapons without fear of prosecution, or a CPL?

    What about 227, and 231a? Wouldn't the same logic apply to handguns?
    Last edited by stainless1911; 06-27-2012 at 10:29 PM.

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    Regular Member TheQ's Avatar
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    See my post in the other thread. Maybe we can get a mid to merge them?

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    Good idea.

  5. #5
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    Why would a law trump a court decision like this, when the court decision was based of the unconstitutionality of the law???

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    Regular Member TheQ's Avatar
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    Decision was based on and tailored to the old law. Go hire/ask a lawyer.

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    From the Courts decision, considering this:

    "Because tasers and stun guns do not fit any of the exceptions to the Second Amendment enumerated in Heller, we find that they are protected arms."

    and this

    "We therefore conclude that a total prohibition on the open carrying of a protected arm such as a taser or stun gun is unconstitutional."

    Would this not make the prohibition of open carry unconstitutional? Am I understanding that correctly?

    Does anyone have a list of the exceptions enumerated in Heller?

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    Quote Originally Posted by Fishous View Post
    From the Courts decision, considering this:

    "Because tasers and stun guns do not fit any of the exceptions to the Second Amendment enumerated in Heller, we find that they are protected arms."

    and this

    "We therefore conclude that a TOTAL prohibition on the open carrying of a protected arm such as a taser or stun gun is unconstitutional."

    Would this not make the prohibition of open carry unconstitutional? Am I understanding that correctly?

    Does anyone have a list of the exceptions enumerated in Heller?
    The new law makes it so there is no longer a TOTAL prohibition on tasers. Nothing in this decision says no restrictions are allowed, just no TOTAL prohibitions.
    Last edited by scot623; 06-29-2012 at 12:20 PM.

  9. #9
    Regular Member TheQ's Avatar
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    Quote Originally Posted by scot623 View Post
    The new law makes it so there is no longer a TOTAL prohibition on tasers. Nothing in this decision says no restrictions are allowed, just no TOTAL prohibitions.
    ^^^^THIS^^^^

    It's very sad, but the judges don't understand "shall not be infringed".

  10. #10
    Regular Member OC for ME's Avatar
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    They may understand.....they just may not agree.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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