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Thread: Judge rules banning tasers is unconstitutional

  1. #1
    Regular Member xmanhockey7's Avatar
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    Judge rules banning tasers is unconstitutional

    BAY CITY — When a Bay City party store worker wore a “stun gun” on the job for personal protection, he was charged with a crime.

    A Bay County judge ruled today, though, that the Michigan law prohibiting possession of stun guns is unconstitutional.

    http://mobile.mlive.com/advannarbor/...tguid=ZVHQCJS9
    Last edited by xmanhockey7; 04-22-2011 at 03:14 PM.
    "No state shall convert a liberty to a privilege, license it, and charge a fee therefor.- Murdock vs Pennsylvania 319 US 105

    ...If the state converts a right into a privelege, the citizen can ignore the license and fee and engage in the right... with impunity.
    - Shuttleworth vs City of Birmingham, Alabama 317 US 262

    Where rights secured by the Constitution are involved, there can be no legislation which would abrogate them.
    - Miranda vs Arizona 384 US 436

  2. #2
    Regular Member TheQ's Avatar
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    \o/ if it is upheld, I'll by a Tazer.

    ETA: I wouldn't have thought a judge in that liberal area of the state would have had it in them to do this. My hat's off...
    Call for a cop, call for an ambulance, and call for a pizza. See who shows up first.

    I am not a lawyer (merely an omnipotent member of a continuum). The contents of this post are not a substitute for sound legal advice from a licensed attorney in your jurisdiction.

    Comments and views stated in my post are my own and do not necessarily represent the views of Michigan Open Carry, Inc. unless stated otherwise in the post.

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    I don't know if it would be easy to get a copy of the Judges ruling (legal opinion), but I'd be curious how he argued that a (name of object or device) constituted an 'arm' under the Second Amendment. This is very good news by the way. How the Judge came to that conclusion is very important and could have a lot of implications.

    Is anybody able to find a link to that Judge's opinion (assuming that it is published online)?

  4. #4
    Regular Member TheQ's Avatar
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    Quote Originally Posted by OC4me View Post
    I don't know if it would be easy to get a copy of the Judges ruling (legal opinion), but I'd be curious how he argued that a (name of object or device) constituted an 'arm' under the Second Amendment. This is very good news by the way. How the Judge came to that conclusion is very important and could have a lot of implications.

    Is anybody able to find a link to that Judge's opinion (assuming that it is published online)?
    Go to the Court in Bay City. It's on the corner of Second and Washington.

    Go to the public access computer there, enter the defendant name, get the docket number, and ask the clerk for the file for that number.
    Call for a cop, call for an ambulance, and call for a pizza. See who shows up first.

    I am not a lawyer (merely an omnipotent member of a continuum). The contents of this post are not a substitute for sound legal advice from a licensed attorney in your jurisdiction.

    Comments and views stated in my post are my own and do not necessarily represent the views of Michigan Open Carry, Inc. unless stated otherwise in the post.

  5. #5
    Regular Member xmanhockey7's Avatar
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    Quote Originally Posted by OC4me View Post
    I don't know if it would be easy to get a copy of the Judges ruling (legal opinion), but I'd be curious how he argued that a (name of object or device) constituted an 'arm' under the Second Amendment. This is very good news by the way. How the Judge came to that conclusion is very important and could have a lot of implications.

    Is anybody able to find a link to that Judge's opinion (assuming that it is published online)?
    Scalia ruled that it includes weapons used in defense. Which would include: guns, knives, and even tasers. He also concluded that to keep and bear means to have and carry the arms. This judge said that bcause of the supreme court decisions that an all out ban on handguns is unconstitutional that an all out ban on tasers is the same.
    "No state shall convert a liberty to a privilege, license it, and charge a fee therefor.- Murdock vs Pennsylvania 319 US 105

    ...If the state converts a right into a privelege, the citizen can ignore the license and fee and engage in the right... with impunity.
    - Shuttleworth vs City of Birmingham, Alabama 317 US 262

    Where rights secured by the Constitution are involved, there can be no legislation which would abrogate them.
    - Miranda vs Arizona 384 US 436

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    I don't care for tazers, but I am 100% behind anyone's right to use them. Any weapon is supposed to have A2 protection, weather its primitive, like a sock full of stones, a bat, or something more sophisticated like a modern firearm or tazer.

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    Regular Member Michigander's Avatar
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    Now if only we can get a similar ruling about carrying any and all types of edged weapons...
    Answer every question about open carry in Michigan you ever had with one convenient and free book- http://libertyisforeveryone.com/open-carry-resources/

    The complete and utter truth can be challenged from every direction and it will always hold up. Accordingly there are few greater displays of illegitimacy than to attempt to impede free thought and communication.

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    Could serve for a precedent right?

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    Campaign Veteran Glock9mmOldStyle's Avatar
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    Thumbs up INFINITY + 1 for this ruling based in law and not "feelings".

    Good Lord, we need this Judge to move to LANSING!
    Last edited by Glock9mmOldStyle; 04-22-2011 at 06:11 PM. Reason: clarity
    “A government that does not trust it’s law-abiding citizens to keep and bear arms is itself unworthy of trust.” James Madison.

    “Firearms are second only to the Constitution in importance; they are the peoples' liberty's teeth.” “The very atmosphere of firearms anywhere and everywhere restrains evil interference - they deserve a place of honor with all that's good.” George Washington

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    No, the judge needs to move to some other country, or perhaps the ward with timothy.

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    Regular Member autosurgeon's Avatar
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    Quote Originally Posted by stainless1911 View Post
    No, the judge needs to move to some other country, or perhaps the ward with timothy.

    Reading comprehension would be a help
    Anything I post may be my opinion and not the law... you are responsible to do your own verification.

    Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

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    Regular Member MKEgal's Avatar
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    Wow! Someone who understands that 'arms' aren't limited to guns & knives.
    Wonder if this ruling could help us over here in WI, where posession of an 'electric weapon' is a felony.
    Yep, we can openly carry a gun with no gov't interference, but having a non-lethal line of defense is a felony.
    Quote Originally Posted by MLK, Jr
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    Regular Member TheQ's Avatar
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    Quote Originally Posted by Glock9mmOldStyle View Post
    Good Lord, we need this Judge to move to LANSING!
    +100
    Call for a cop, call for an ambulance, and call for a pizza. See who shows up first.

    I am not a lawyer (merely an omnipotent member of a continuum). The contents of this post are not a substitute for sound legal advice from a licensed attorney in your jurisdiction.

    Comments and views stated in my post are my own and do not necessarily represent the views of Michigan Open Carry, Inc. unless stated otherwise in the post.

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    Quote Originally Posted by MKEgal View Post
    Wow! Someone who understands that 'arms' aren't limited to guns & knives.
    Wonder if this ruling could help us over here in WI, where posession of an 'electric weapon' is a felony.
    Yep, we can openly carry a gun with no gov't interference, but having a non-lethal line of defense is a felony.

    So much for those microchip equipped brady guns.

  15. #15
    Regular Member xmanhockey7's Avatar
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    I would like to see tasers be legal with no permit necessary. Personally I'd rather tase than shoot if I had the choice between the two. Of course I would see each one being a valid tool to use.
    "No state shall convert a liberty to a privilege, license it, and charge a fee therefor.- Murdock vs Pennsylvania 319 US 105

    ...If the state converts a right into a privelege, the citizen can ignore the license and fee and engage in the right... with impunity.
    - Shuttleworth vs City of Birmingham, Alabama 317 US 262

    Where rights secured by the Constitution are involved, there can be no legislation which would abrogate them.
    - Miranda vs Arizona 384 US 436

  16. #16
    Regular Member stuckinchico's Avatar
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    More options is always a benefit .

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    Tazers only work on one assailant. I carry enough ammo for a maximum of 46.

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    Regular Member xmanhockey7's Avatar
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    Quote Originally Posted by stainless1911 View Post
    Tazers only work on one assailant. I carry enough ammo for a maximum of 46.
    Which is why I would carry both. In a situation of one threat that I don't see a need to use lethal force but more than my fists I would tase.
    "No state shall convert a liberty to a privilege, license it, and charge a fee therefor.- Murdock vs Pennsylvania 319 US 105

    ...If the state converts a right into a privelege, the citizen can ignore the license and fee and engage in the right... with impunity.
    - Shuttleworth vs City of Birmingham, Alabama 317 US 262

    Where rights secured by the Constitution are involved, there can be no legislation which would abrogate them.
    - Miranda vs Arizona 384 US 436

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    Quote Originally Posted by xmanhockey7 View Post
    Which is why I would carry both. In a situation of one threat that I don't see a need to use lethal force but more than my fists I would tase.
    Nice to see a judge that doesn't have a narrow mind!

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    Campaign Veteran Glock9mmOldStyle's Avatar
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    Thumbs up

    Quote Originally Posted by stainless1911 View Post
    Tazers only work on one assailant. I carry enough ammo for a maximum of 46.
    46 that's all? Lightweight! 34[1st mag&one in pipe]+33+33+33[3 spares] = 133 Hahaha...
    Just kidding with you Stainless.
    “A government that does not trust it’s law-abiding citizens to keep and bear arms is itself unworthy of trust.” James Madison.

    “Firearms are second only to the Constitution in importance; they are the peoples' liberty's teeth.” “The very atmosphere of firearms anywhere and everywhere restrains evil interference - they deserve a place of honor with all that's good.” George Washington

  21. #21
    Regular Member xmanhockey7's Avatar
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    Quote Originally Posted by Glock9mmOldStyle View Post
    46 that's all? Lightweight! 34[1st mag&one in pipe]+33+33+33[3 spares] = 133 Hahaha...
    Just kidding with you Stainless.
    Idk how anyone can feel comfortable leaving the house without at least 100 rounds
    "No state shall convert a liberty to a privilege, license it, and charge a fee therefor.- Murdock vs Pennsylvania 319 US 105

    ...If the state converts a right into a privelege, the citizen can ignore the license and fee and engage in the right... with impunity.
    - Shuttleworth vs City of Birmingham, Alabama 317 US 262

    Where rights secured by the Constitution are involved, there can be no legislation which would abrogate them.
    - Miranda vs Arizona 384 US 436

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    Campaign Veteran smellslikemichigan's Avatar
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    Quote Originally Posted by stainless1911 View Post
    Tazers only work on one assailant. I carry enough ammo for a maximum of 46.
    that's assuming 46 well placed shots...
    "If it ain't loaded and cocked it don't shoot." - Rooster Cogburn
    http://www.graystatemovie.com/

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    Quote Originally Posted by Glock9mmOldStyle View Post
    46 that's all? Lightweight! 34[1st mag&one in pipe]+33+33+33[3 spares] = 133 Hahaha...
    Just kidding with you Stainless.

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    Michigan Moderator DrTodd's Avatar
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    Giving up our liberties for safety is the one sure way to let the violent among us win.

    "Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

    Disclaimer – I am not a lawyer! Please do not consider anything you read from me to be legal advice.

  25. #25
    Regular Member xmanhockey7's Avatar
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    The judge failed to mention that Scalia ruled the right to keep and bear arms does inlude carrying of said arms.
    Last edited by xmanhockey7; 04-27-2011 at 12:14 AM.
    "No state shall convert a liberty to a privilege, license it, and charge a fee therefor.- Murdock vs Pennsylvania 319 US 105

    ...If the state converts a right into a privelege, the citizen can ignore the license and fee and engage in the right... with impunity.
    - Shuttleworth vs City of Birmingham, Alabama 317 US 262

    Where rights secured by the Constitution are involved, there can be no legislation which would abrogate them.
    - Miranda vs Arizona 384 US 436

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