Suit: Law banning stun gun ownership violates 2nd Amendment

(AP) -- A New Jersey man who wants a nonlethal way to defend himself and his family is suing the state, saying its law prohibiting private ownership of stun guns violates the Second Amendment. Mark

News 12 Staff

Aug 12, 2016, 8:06 PM

Updated 2,822 days ago

Share:

Suit: Law banning stun gun ownership violates 2nd Amendment
(AP) -- A New Jersey man who wants a nonlethal way to defend himself and his family is suing the state, saying its law prohibiting private ownership of stun guns violates the Second Amendment.
Mark Cheeseman and the New Jersey Second Amendment Society filed a lawsuit Thursday in federal court in Trenton.
In court papers, Cheeseman said Taser International declined his order for a Taser Pulse model because the state bans the sale of such merchandise. Cheeseman said he wants the device to protect himself and his family.
He argues that a person who justifiably uses deadly force may be taken into police custody and have to defend his actions in court. He also could be sued and suffer psychological effects, he said.
The New Jersey Second Amendment Society said its members want to own stun guns for self-defense and other lawful purposes.
The lawsuit seeks to block the ban on private ownership of stun guns and have it declared unconstitutional and unenforceable.
The state law defines a stun gun as "any weapon or other device which emits an electrical charge or current intended to temporarily or permanently disable a person."
The Second Amendment of the U.S. Constitution says, "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
Cheeseman referred a message seeking comment to his lawyer, who has not returned messages.
The state attorney general's office said it doesn't comment on matters involving pending litigation.


More from News 12
1:11
Injury at Morristown NJ Transit station leads to train service delays

Injury at Morristown NJ Transit station leads to train service delays

2:30
Rain throughout Sunday for New Jersey

Rain throughout Sunday for New Jersey

1:50
Curfew enforcement for kids under 17 now in effect in Newark

Curfew enforcement for kids under 17 now in effect in Newark

1:06
Overnight fire destroys home in Lakewood

Overnight fire destroys home in Lakewood

1:46
Officials: Man killed in house explosion in South River identified as retired Newark officer

Officials: Man killed in house explosion in South River identified as retired Newark officer

0:42
NJ lawmakers criticize how Rutgers officials negotiated with pro-Palestinian protesters

NJ lawmakers criticize how Rutgers officials negotiated with pro-Palestinian protesters

0:28
Special election to be held to fill late Rep. Donald Payne’s seat in Congress

Special election to be held to fill late Rep. Donald Payne’s seat in Congress

0:42
Jersey Proud: Army ROTC students from Rutgers, Seton Hall and Princeton train together

Jersey Proud: Army ROTC students from Rutgers, Seton Hall and Princeton train together

1:32
Knowing the early warning signs during Stroke Awareness Month

Knowing the early warning signs during Stroke Awareness Month

0:27
Prosecutor: 2 people seriously injured in 3-car crash; driver charged with drunk driving

Prosecutor: 2 people seriously injured in 3-car crash; driver charged with drunk driving

0:30
Police: New York man pointed knife at pro-Palestinian protester in Teaneck

Police: New York man pointed knife at pro-Palestinian protester in Teaneck

0:27
Officials: Paterson man threatened to ‘shoot up’ JFK Int’l Airport

Officials: Paterson man threatened to ‘shoot up’ JFK Int’l Airport

2:02
Authorities: Major fire displaces 20 people from 9 families in Elizabeth

Authorities: Major fire displaces 20 people from 9 families in Elizabeth

1:04
Hillsborough school officials vote to end middle school sports, make staff cuts amid budget cuts

Hillsborough school officials vote to end middle school sports, make staff cuts amid budget cuts

0:49
Bridgewater-Raritan School District waives fees to participate in clubs, sports

Bridgewater-Raritan School District waives fees to participate in clubs, sports

0:39
Officials: 3 pedestrians, including 2 children, struck by NYC-based news van in Elizabeth

Officials: 3 pedestrians, including 2 children, struck by NYC-based news van in Elizabeth

0:28
GoFundMe started for 6-month-old boy and his grandfather killed by fallen tree in Verona

GoFundMe started for 6-month-old boy and his grandfather killed by fallen tree in Verona

0:40
Main Street New Jersey: Restaurants, businesses to visit in Edgewater

Main Street New Jersey: Restaurants, businesses to visit in Edgewater

3:21
Bridge over section of I-95 in process of being demolished due to damage from truck fire

Bridge over section of I-95 in process of being demolished due to damage from truck fire

1:26
Look up! Annual Eta Aquarid meteor shower peaks early Sunday morning

Look up! Annual Eta Aquarid meteor shower peaks early Sunday morning