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Michigan stun-gun ban ruled unconstitutional
Posted: Mon Apr 25, 2011 9:40 pm
by JJVP
BAY CITY — When a Bay City party store worker wore a “stun gun” on the job for personal protection, he was charged with a crime.
A Bay County judge ruled today, though, that the Michigan law prohibiting possession of stun guns is unconstitutional.
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Re: Michigan stun-gun ban ruled unconstitutional
Posted: Tue Apr 26, 2011 10:49 am
by WildBill
Interesting. I imagine this ruling will be appealed. It seems like a ban on switchblade knives would also be unconstitional according to this judge.
Re: Michigan stun-gun ban ruled unconstitutional
Posted: Tue Apr 26, 2011 1:08 pm
by stroo
Why would you ban stun guns? Just confirms the craziness of the state I grew up in.
Re: Michigan stun-gun ban ruled unconstitutional
Posted: Tue Apr 26, 2011 8:54 pm
by JJVP
WildBill wrote:Interesting. I imagine this ruling will be appealed. It seems like a ban on switchblade knives would also be unconstitutional according to this judge.
I don't think that a ban on switchblades is the same thing. He ruled that the state could regulate but not outright ban stun-guns. If they had a outright ban on knives, then he would rule the same way. But a ban against switchblades would not be, since they were not banning knives, just regulating the kinds you could and could not use. IANAL, YMMV.
Re: Michigan stun-gun ban ruled unconstitutional
Posted: Tue Apr 26, 2011 9:06 pm
by i8godzilla
This is my favorite paragraph in the story.
At the time, Yanna said he wasn’t aware of the law and his father in Texas had given him the stun gun. Yanna’s coworker had a handgun in a holster on his hip when police visited the store, but the worker wasn’t charged with any crime because it is legal to carry a firearm without a permit so long as it is not concealed.
It also seems Yanna was a convicted felon and he can not have a firearm. I guess the stun
gun was his only choice for protection.
Re: Michigan stun-gun ban ruled unconstitutional
Posted: Tue Apr 26, 2011 10:59 pm
by WildBill
JJVP wrote:WildBill wrote:Interesting. I imagine this ruling will be appealed. It seems like a ban on switchblade knives would also be unconstitutional according to this judge.
I don't think that a ban on switchblades is the same thing. He ruled that the state could regulate but not outright ban stun-guns. If they had a outright ban on knives, then he would rule the same way. But a ban against switchblades would not be, since they were not banning knives, just regulating the kinds you could and could not use. IANAL, YMMV.
Good points.
