Judge says New York's stun gun ban is unconstitutional

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ALBANY, N.Y. (AP) — New York state's ban on personal ownership of stun guns is unconstitutional, a federal judge ruled Friday in the latest in a series of court decisions that have led to the loosening of restrictions on the weapons in several states.

The decision came in a lawsuit filed by Matthew Avitabile, of Schoharie County, New York, who said he wanted to buy a stun gun for self-defense in his rural upstate home.

The lawsuit named the superintendent of the state police, the agency that enforces New York's weapons laws. New York attorney general's office, which defends the state in lawsuits, referred questions to state police or Democratic Gov. Andrew Cuomo's office. Cuomo adviser Richard Azzopardi said that state lawyers are reviewing the decision and that the governor is reserving comment.

A Massachusetts court struck down that state's stun gun ban last year, also ruling that banning civilian possession of the weapons violates the U.S. Constitution's right to bear arms.

 

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