U.S.A. – -(Ammoland.com)- “New York’s sweeping prohibition on the possession and use of tasers and stun guns by all citizens for all purposes, even for self-defense in one’s own home, must be declared unconstitutional in light of Heller,” the David N. Hurd, United States District Judge for the Northern District of New York ruled Friday.
Hurd’s opinion was issued in the case of Matthew Avitabile, Plaintiff, -v- Lt. Col. George Beach, in his official capacity as Superintendent of the New York State Police, Defendant. Avitabile wanted to purchase a taser or stun gun for self-defense in his home, but “has yet to purchase either device because he reasonably fears prosecution under New York Penal Law … which criminalizes the civilian possession of any ‘electronic dart gun’ or ‘electronic stun gun.’”
Attorneys for the plaintiff, Alan Beck, and Stephen Stamboulieh, should be familiar to readers of AmmoLand Shooting Sports News. They both were instrumental, along with co-counsel Ryan Watson, in winning a judgment to overturn a similar ban in New Jersey in 2017. Additionally, Stamboulieh has represented this correspondent in numerous Freedom of Information Act Requests and lawsuits and provides counsel in a still-unfolding attempt to win an injunction to forestall ATF’s “bump stock” ban scheduled to “go hot” next Tuesday.