New Orleans Municipal Code § 54-1 defines a stun gun or a Taser as a destructive device. “The term ‘destructive devi...
Today we filed a Taser challenge against the City of New Orleans
November 17, 2016
Today, New Jersey filed this letter with the Court, requesting that "... the Court schedule an in-person conference in the hopes of resolving this cas...
New Jersey requests "in-person" settlement conference in Taser case
November 16, 2016
Today, we received the following production in the NFATCA FOIA filed on behalf of Mr. Savage. For ease of reviewing, we have broken it into two separ...
ATF Delivers Documents in NFATCA FOIA Case
November 22, 2016
NJ2AS v. Porrino, et al - Consent Order sent to the Court today in filing by NJ Attorney General
April 11, 2017
Today the New Jersey Attorney General filed an agreed Consent Order in federal court. The Consent Order is not "final" until the federal Judge signs it and enters it, but the cool thing is that the State of New Jersey agrees that:
1. The Second Amendment guarantees individuals a fundamental right to keep and bear arms for self-defense District of Columbia v. Heller, 554 U.S. 570 (2008); McDonald v. Chicago, 561 U.S. 742 (2010); Caetano v. Massachusetts, 577 U.S. __(2016). Further, “the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.” Heller, 554 U.S. at 582; Caetano, slip op. at 1 (per curiam).
2. Pursuant to the holdings in Heller, McDonald and Caetano, N.J. Stat. Ann. § 2C:39-3(h), to the extent this statute outright prohibits, under criminal penalty, individuals from possessing electronic arms, is declared unconstitutional that it violates the Second Amendment to the United States Constitution and shall not be enforced.
Once entered, the Order reflects that the effect of the Order will be stayed for 180 days to "allow the State of New Jersey to institute new laws, rules, or regulations "that will impose reasonable limitations, consistent with public safety and the Second Amendment," on the possession and/or carrying of electronic arms..." So, don't go out and buy a Taser in New Jersey yet, but hopefully that day will come soon. Not bad for a "lay-up", eh?