In a Major Second Amendment Decision, the Massachusetts High Court Rules the State Ban on Stun Guns Unconstitutional

John G. Mateus, Esq.

Case nameRamirez v. Commonwealth, _____Mass.____(April 17, 2018), Docket No. SJC-12340.

SUMMARY : In a major Second Amendment decision, the Massachusetts Supreme Judicial Court (SJC) ruled that the Commonwealth’s statute banning members of the general public from owning stun guns was unconstitutional. This ruling completely eliminated any part of the statute banning stun guns, meaning that, if the ruling took immediate effect, there would be no restrictions on who could obtain a stun gun. Because of the breadth of the ruling, the SJC stayed the entry of the judgment for sixty (60)days  from the date of the rescript to give the  legislature time to add constitutional restrictions to ownership, if the legislature so chose.    

DECISION/VOTE/JUDGES: 6-0 (Quorum), by Chief Justice Ralph D. Gants, Frank M. Gaziano, David A. Lowy, Kimberly S. Budd, Elspeth B. Cypher, & Scott L. Kafker.

Opinion written by Chief Justice Gants.

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