Court Upholds New York Stun Gun Ban—Ignoring Supreme Court Guidance

In a stunnign ruling the Second Circuit Court of Appeals rulled against stun gun.

In yet another example of lower courts sidestepping clear Second Amendment precedent, a federal appeals court has upheld New York’s ban on stun guns and tasers. This result leaves law-abiding citizens with fewer options for self-defense. This case highlights what we here at 2 If By Sea Tactical for a long time, its about disarmament and not safety.

A three-judge panel on the Second Circuit Court of Appeals ruled that New York’s ban on the sale and possession of stun guns and tasers can stand. They are claiming that plaintiffs failed to prove the devices are in “common use” for lawful purposes.  

This is in direct violation for the Caetano v. Massachusetts (2016) case from the Supreme Court that directly dealt with a prohibition on stun guns in Massachusetts. That is not the only violation of court precedent the Second Circuit Court of Appeals ignored. They also ignored New York State Rifle & Pistol Association v. Bruen (2022) and District of Columbia v. Heller (2008).

Supreme Court Justice Samuel Alito a President George W. Bush (R) appointee

The Supreme Court has made one thing clear now multiple times, the Second Amendment extends to all bearable arms. They expressly state that even modern ones not in existence at the founding are covered.  Justice Samuel Alito went even further, noting that stun guns are widely owned and commonly used for self-defense which means they are constitutionally protected.

This is not a “new concept” this is the same standard given to the First Amendment and all others. The same reason why the internet and digital communications are protected today so are modern arms.

Yet the Second Circuit brushed this aside. They dismissed key arguments and focused narrowly on whether enough evidence was presented at the lower court level. This is the game anti-2A courts have been playing for years. It is the game Bruen was written to stop. It is why we need once again the Supreme Court to step in and put lower courts in their place.

Moving the Goalposts

The court’s reasoning highlights a troubling trend plaintiffs cited evidence and prior rulings supporting stun gun ownership. Then the court dismissed it as insufficient and additional evidence was rejected because it wasn’t introduced earlier. It is gamesmanship pure and simple

When you here terms like “activist judges” it is cases like this that are highlighting this glaring issue. You have judges that, instead of using precedent and the constitution, are maneuvering anyway they can to uphold their biases. In simple terms, even when evidence exists, courts can simply refuse to consider it.

This brings to light the concerning trend that the “common use” test is not being applied fairly—or is even being manipulated to justify pre-determined outcomes. These are the dangers in our current system. This is what we as gun owners are up against. An establishment years in the making meant to strip away our rights.

The Real Impact

This decision keeps New York as one of the few places in America where less-lethal self-defense tools are outright banned. In a state where carrying firearms is extremely hard, law-abiding citizens are denied some of the few alternatives that there are.

However, as always criminals remain unaffected. New York is a state where criminals constantly get a pass and us law abiding gun owners are stripped of any means of self-defense. In this case the even includes less than lethal options.  

Just think about that for a moment, a tool specifically designed to reduce lethality is banned—while politicians claim to support “safe” alternatives. This is what we have been saying for years. Disarmament is the goal not safety. This is government using the guise of safety to accomplish that goal.

A Bigger Problem: Judicial Resistance to Bruen

This case highlights a part of a larger pattern. We are seeing across the country, certain anti-2A courts continue to ignore the text, history, and tradition standard established in Bruen. They are reintroducing interest-balancing tests through the back door.

These courts are upholding restrictions by redefining what counts as protected “arms”. This is so they can just skip the text, history, and tradition standard completely by stating that the Second Amendment is not even implicated. On its face this is farcical.  

This is what we here at 2 If By Sea Tactical are committed to fighting. We understand that if it’s not firearms, they’ll regulate accessories. If it’s not accessories, they’ll target ammunition. In this case they are even targeting less-lethal tools. It is all a ruse to ram through civilian disarmament.

What Comes Next

The plaintiffs—and groups like the Second Amendment Foundation—are already calling for the Supreme Court to step in. Frankly, it has come to a point where it appears this is necessary. Too many lower courts are ignoring guidance from the lead court of the land. Law is not about feelings or what you want to happen, it is about facts regardless of those things.

This ruling creates a clear tension between lower courts narrowing Second Amendment protections and Supreme Court precedent expanding them. It is time for the Supreme Court to come in and toss all those rulings out. It may even be time for our leaders to remove those judges that ignore the very foundations of the country.

We understand that this isn’t just about stun guns. This is about whether courts can just redefine constitutional rights and ignore precedent. If they can do this they limit, or completely eliminate, what tools Americans can use to defend themselves. This also make their rulings arbitrary and without structure as they “define” what is protected.

We understand that once that door is open, absolutely nothing is off the table.

Here at 2 If By Sea Tactical we strive to bring you the best experience in the firearms world.  As we continue to grow the media arm of 2 If By Sea, make sure you keep tuning in to our Youtube and Rumble channels and right here at “The Patriot’s Almanac” to stay informed on the latest happenings in the firearm world! But we are not lawyers, so this isn't legal guidance. We are proud to be Southern Minnesota source for all things 2A.

Stay sharp, stay informed, and stay ready.