Supreme Court zaps Massachusetts stun-gun opinion [View all]
Today, in Caetano v. Massachusetts, the Supreme Court vacated a decision by the Supreme Judicial Court of Massachusetts that had concluded that the Second Amendment right to keep and bear arms does not apply to stun guns. The Court’s per curiam opinion scolded the Massachusetts court for its failure to apply the proper legal tests under D.C. v. Heller and McDonald v. Chicago, and quite rightly so. The court did not reach the ultimate question of whether stun guns constitute “arms” for Second Amendment purposes, however, instead vacating and remanding the state court opinion.
https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/03/21/supreme-court-zaps-massachusetts-stun-gun-opinion/
This is an interesting opinion that is ultimately about the Second Amendment and not just limited to stun guns. First, note that it is per curiam, and presumably unanimous. That means Breyer, et al joined in. This decision reinforces both the viability of Heller and the right to keep and bear arms for the purpose of self-defense. It also disposes of any argument that the Second Amendment only applies to arms that were in existence at the time the Second Amendment was enacted.
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