Two New Second Amendment Challenges

Stun Gun
Stun Gun
Commonwealth Second Amendment (Comm2A)
Commonwealth Second Amendment (Comm2A)

U.S.A.-(Ammoland.com)- On Thursday, February 16th, Comm2A and the Center for Individual Rights filed a federal lawsuit on behalf of three individual plaintiffs challenging the constitutionality of the Commonwealth’s ban on the possession of Tasers, stun guns, and other electrical weapons.

Martel v. Healey alleges that electrical weapons are “arms in common use” and therefore their possession by law-abiding adult citizens is protected by the Second Amendment right to keep and bear arms. The complaint alleges that the constitutional rights of the plaintiffs are being violated because Massachusetts law prohibits the possession of a class of arms protected by the Second Amendment.

The complaint seeks a declaratory judgment that the Commonwealth’s prohibition on electronic weapons violates the Second and Fourteenth Amendments and an order permanently enjoining the Commonwealth from enforcing the ban.

Updates to the project will be posted at Martel v. Healey as well as on the Comm2A Leaderboard.

Assault Weapons Ban Challenged

Assault Weapons Ban

On January 23rd a lawsuit was filed in federal court challenging the constitutionality of the Massachusetts ban on the possession of so-called ‘assault weapons’. This effort was a joint project between Comm2A, the NRA and GOAL which is also an organizational plaintiff in the suit.

The lawsuit seeks declaratory judgements that the Assault Weapons Ban is an unconstitutional violation of the Second and Fourteenth Amendments; that the “copies or duplicates” language in the July Notice of Enforcement is a retroactive application of a new law in violation of the plaintiffs’ Fourteenth Amendment rights; and that the phrase “copies or duplicates” is also a violation of Fourteenth Amendment because it is unconstitutionally vague. The suit asks the court to enjoin the Commonwealth from enforcing the Assault Weapons Ban.

The Commonwealth has until March 16th to answer the complaint. Worman v. Healey and the Comm2A Leaderboard will be updated as the case develops.

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