Wait...Caetano was your case wasn't it Nolo?

Anything new going on?

Thinking about pulling the trigger, as far as I hear everything is on track

Anyone know what's happening with this Taser case in the Southern District of NY? Nolo they cite your case btw

Complaint


From the Complaint in Calce v. City of New York (S.D.N.Y.),  filed Oct 2021:

This §1983 action challenges New York State and City laws that flatly prohibit private citizens from possessing or using stun guns and tasers. In Caetano v. Massachusetts, 577 U.S. ___, 136 S. Ct. 1027 (2016), the Supreme Court vacated a conviction under a Massachusetts law that—like the New York State and City laws at issue here—flatly prohibited the possession of stun guns. Since then, most courts have found that bans on stun guns and tasers violate the Second Amendment and are unconstitutional. See, e.g., People v. Webb, 131 N.E.3d 93, 98 (Ill. 2019); Ramirez v. Commonwealth, 94 N.E.3d 809, 818 (Mass. 2018). In Avitabile v. Beach, 368 F. Supp. 3d 404 (N.D.N.Y. 2019) the court found the State's ban on stun guns and tasers unconstitutional and enjoined the State Police from enforcing it, see id. at 421.

Notwithstanding this, the City of New York continues to enforce the State and City laws that prohibit the possession of stun guns and tasers. Among other things, the City and Commissioner Shea continue to train officers that stun guns and tasers are illegal under State and City law and to instruct them to bring charges against individuals found in possession of them. NYPD officers continue to arrest and/or summons individuals they find to be in possession of them. When the individual Plaintiffs—Nunzio Calce, Raymond Pezzoli and Shaya Greenfield—contacted their local NYPD precincts to inquire, NYPD officers [told] each of them that stun guns and tasers are illegal.

Cf. People v. Johnson (N.Y. City. Ct. 2019), which indeed refused to follow Avitabile, and allowed a stun gun prosecution to go forward. I think Avitabile is correct, and expect that this challenge will be successful as well; for an earlier article of mine on the subject, see Nonlethal Self-Defense, (Almost Entirely) Nonlethal Weapons, and the Rights to Keep and Bear Arms and Defend Life (Stan. L. Rev. 2009).

Note that the plaintiffs in this case include the Second Amendment Foundation and the Firearms Policy Coalition;

@NoloContendere

Are you going to use this case to make blackjacks legal? I believe saps are still legal in NY as they are not listed by name in the statute. However, blackjacks, billy clubs, sand clubs etc are listed as prohibited. I read a case where a guy in NYC was charged with possession of a "billy club" for having an extendable baton in his house.

@NoloContendere

Yeah your case made it into the decision Nolo!

Alone, your case probably wasn't getting rid of any AWBs or mag laws since it was a stun gun case...but it built a stepping stone for sure.

Your winning case plus Thomas' killer new standard or review basically guts SAFE and AWBs/mag laws.

Any other plans for NY now in light of the recent Supreme Court ruling?

Love you.

No homo.

I said it first.

Attached File

If you are going to be bringing any suits against NY for revenge laws, please let us know where to donate.

Training requirements, new sensitive areas, this private business "opt in" bullshit, making NYC a no go for upstate carry permits...all has to go. None complies with text history and tradition.

Also the SAFE act, mag laws, license to purchase semi autos, license to simply own a handgun, hell any license at all etc.

Can we just found an ARF law firm already?