Motion for Summary Judgment Filed in FPC Lawsuit Challenging New York City’s Stun Gun Ban

Gun News

NEW YORK (March 6, 2024) – Today, Firearms Policy Coalition (FPC) announced the filing of a motion for summary judgment in its lawsuit challenging New York City’s ban on electronic arms, such as stun guns and tasers. The motion in Calce v. NYC can be viewed at FPCLegal.org.

“While the fate of the challenged laws is clear enough based on the foregoing analysis, it is worth noting the chorus of courts—at least three state appellate courts and two United States District Courts—that have struck down stun gun bans based on Heller alone,” argues the motion. “Although all of these courts reached the same result, the state courts did so by reasoning that categorical bans on possession and use are incompatible with the constitutional right—in the same basic manner set forth above—while the two District Courts did so even using an ‘intermediate scrutiny’ approach that the Supreme Court has since rejected in Bruen. Now that Bruen has unmistakably taken such interest-balancing off the table, it is even that much clearer that a flat ban on this category of arms cannot stand.”

“New York City’s ban on stun guns and tasers is one of the last in the country for one simple reason–nearly every court to review a challenge to such a law has struck it down,” said Cody J. Wisniewski, FPC Action Foundation’s Vice President and General Counsel, and counsel for FPC. “It is clear under the Supreme Court’s standard, set forth in Heller and reiterated in Bruen, that this sort of ban completely fails constitutional muster. New York City will simply be the next in a long line of governments that have been forced to cease enforcing a complete ban on electronic arms.”

FPC is joined in this case by five individual FPC members and the Second Amendment Foundation.

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Individuals who would like to join the FPC Grassroots Army and support important pro-rights lawsuits and programs like these can learn more at FirearmsPolicy.org. Individuals and organizations wanting to support charitable efforts in support of the restoration of Second Amendment and other natural rights can also make a tax-deductible donation to the FPC Action Foundation. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, visit FPCLegal.org and follow FPC on Instagram, X (Twitter), Facebook, YouTube.

Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit membership organization, exists to create a world of maximal human liberty, defend constitutional rights, advance individual liberty, and restore freedom. FPC’s efforts are focused on the Right to Keep and Bear Arms and adjacent issues including freedom of speech, due process, unlawful searches and seizures, separation of powers, asset forfeitures, privacy, encryption, and limited government. The FPC team are next-generation advocates working to achieve the Organization’s strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs.

FPC Law (FPCLaw.org) is the nation’s first and largest public interest legal team focused on the Right to Keep and Bear Arms, and the leader in the Second Amendment litigation and research space.

FPC Action Foundation (FPCActionFoundation.org), a 501(c)(3) nonprofit organization, exists to create a world of maximal human liberty through charitable legal action, public policy, education, and research programs.

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