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?
You can read the filing here.