Massachusetts Legal Developments Blog

Massachusetts Court Declines to Extend 2nd Amendment Protections to Stun Guns

The Supreme Judicial Court of Massachusetts (SJC) recently decided a case in which it upheld a state law prohibiting the possession of electronic weapons in most circumstances. The case, known as Commonwealth v. Caetano, involved a woman who was suspected of shoplifting who was found in possession of stun gun which she indicated that she had in order to protect herself from a violent person. Upon being accused of violating the law prohibiting the possession of stun guns, her attorney argued at the trial court level that the statute is in violation of the 2nd Amendment of the United States Constitution, which protects the right to bear arms. The trial court disagreed, and Caetano appealed to the Supreme Judicial Court of Massachusetts.

In its analysis, the SJC determined that a stun gun is not within the class of arms that fall under 2nd Amendment protections. In making its determination, the SJC relied heavily on established United States Supreme Court precedent that established limitations on the right to bear arms. For example, case law has established that 2nd Amendment protections only reach the types of arms that were in common use at the time the Amendment was adopted and does not operate to invalidate laws that prohibit the possession of dangerous and unusual weapons. The Court concluded in its opinion that stun guns were in fact “dangerous,” “unusual,” and not in use at the time of the enactment of the 2nd Amendment and upheld the law.

Weapons violations can have significant penalties

The law prohibiting the possession of stun guns is one of myriad Massachusetts laws that apply to firearms and other weapons. Individuals who are found to be in violation of state laws that prohibit or regulate the use or possession of firearms or other weapons can often be subject to significant legal consequences. These may include the following:

 

  • Probation
  • Significant fines
  • Limitations on your right to possess firearms
  • Jail time

 

In addition, the existence of a conviction for a weapons-related offense can have significant collateral consequences as well. In some cases, it may make it difficult to obtain employment or lease an apartment. As a result, it is important for people accused of offenses related to the possession of weapons to mount the strongest legal defense possible. Fortunately, in many cases, a lawyer familiar with defending individuals accused of these types of offenses can mitigate the immediate and potential long-term consequences of accusations of criminal misconduct.

Contact a Boston criminal defense attorney today to schedule a free consultation

Anyone facing a criminal case in Massachusetts should retain competent legal counsel as soon as possible. Often, the assistance of an experienced Boston criminal defense attorney can have a significant impact on the outcome of a case and may be able to mitigate the serious legal consequences you are likely facing. Attorney Edward Molari is committed to protecting the legal rights of individuals accused of crimes and handles a wide variety of criminal matters in the Boston area. To schedule a free initial consultation with Mr. Molari, please call our office today at 617-942-1532.