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SECOND AMENDMENT WIN: Federal Court Strikes Down New York’s Stun Gun Ban

This huge win for gun rights proves we can still win in the courts.

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A federal judge ruled last Friday that New York state’s ban on the personal ownership of stun guns is unconstitutional.

This ruling is the latest in a series of court decisions that have hacked away at gun control in certain states.

This federal court decision originated from a lawsuit filed by upstate New York resident Matthew Avitabile, who wanted to purchase a stun gun for self-defense.

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Avitabile’s legal defense argued that New York’s ban on the civilian ownership of stun guns violated the Second Amendment. U.S. District Judge David Hurd agreed with the defense and ruled that New York’s stun gun prohibition is unconstitutional.

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In his decision, Hurd stated that “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.”

The New York attorney general’s office, which defends the state of New York in lawsuits, directed all questions to the state police or Democratic Governor Andrew Cuomo’s office. According to Cuomo’s adviser Richard Azzopardi, state lawyers are reviewing the federal court’s decision and the governor has yet to comment on the issue.

Illinois’ Supreme court ruled in a similar fashion on Thursday, March 21, 2019, ruling in favor of two men charged with illegally carrying stun guns.

In 2017, the New Jersey state’s attorney conceded that New Jersey’s ban on electronic arms was unconstitutional. This case emerged after a resident and the New Jersey Second Amendment Society sued the state of New Jersey in 2016 after Taser International refused to carry out an order for the New Jersey resident’s Taser Pulse model. The company justified this move because of New Jersey’s ban on the sale of stun guns.

Last year, a Massachusetts court rejected the state’s stun ban, arguing that the prohibition of civilian weapons like stun guns violates the U.S. Constitution’s right to keep and bear arms.

Alan Beck, one of the two attorneys who filed Avitabile’s lawsuit, recognized that momentum was on their side with previous states striking down stun gun bans.

“After that, the domino fell in the right way, and the rest of these cases became much more likely.”

Avitabile’s other legal representative, Stephen Stamboulieh, stated that in the previous cases all the judges ruled that stun guns are “bearable arms”, thus they fall within the protections guaranteed by the Second Amendment.

Stamboulieh added that “If it’s a Taser, a billy club, a handgun, it’s all protected by the Second Amendment.”

And Avitabile’s team is not done battling these bans in the courts, they say.

The lawyer said that he and Beck have filed lawsuits with the goal of overturning stun gun bans in Hawaii and Rhode Island.

At a time when state legislatures in solid blue states are running roughshod over gun rights, lower courts do present interesting opportunities for gun rights advocates to hack away at gun control.

Just like the anti-gun Left employs a diverse array of strategies — corporate deplatforming, electioneering, judicial activism, and lobbying — to advance gun control, Second Amendment supporters are increasingly using a multi-pronged approach in restoring gun rights.

Gun rights activists point to these recent court victories as evidence that gun control can be defeated.

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The Left Wing Media is Leading a War on Conservatives & Hope To Destroy You

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At the New Republic, staff write Osita Nwanevu called for the destruction of the GOP.

Nwanevu cited the cases of Donald Trump and Roy Moore as why the GOP should go the way the of the Dodo.

The writer took issue with the Republican National Committee’s decision to continue supporting Moore amid allegations of child molestation. He also criticized the Trump administration for its caging of children at the border.

What bothers Nwanevu the most is how the Republican Party has backed Trump all of this time.

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He even tried to link Trump to the previous failed administration George W. Bush.

Nwanevu attempted to draw the comparison below:

Trump’s own rhetoric of division and exclusion was preceded by the 2004 reelection campaign for George W. Bush, which took advantage of homophobia to boost turnout from social conservatives. Before thousands of Puerto Ricans devastated by Hurricane Maria were forced by the Trump administration’s shoddy recovery effort to ask themselves whether they were really Americans after all, thousands of African Americans failed by the Bush administration’s relief efforts after Hurricane Katrina posed the same question to themselves. Trump’s intimations that the federal executive is above the law may well have been bolstered by the Bush administration’s warrantless surveillance of the American people. Even Trump’s efforts to integrate his companies within the processes of the state were preceded by the Bush administration’s curious keenness for contracts with Halliburton, the company Vice President Dick Cheney ran before Bush took office.

The writer also criticized Trump for sowing divisions based on racial lines.

In Nwanevu’s view, “Donald Trump is not a departure from the values defining the Republican Party, but the culmination of its efforts to secure power in this country.”

He took it a step further by describing the Republican party as “a reliable opponent of equality and a malignant force in American life—a cancer within a patient in denial about the nature and severity of her condition” that must ultimately be “destroyed—vanquished from the American political scene with a finality that can only be assured not by electoral politics or structural reforms alone, but by a moral crusade.”

The staff writer gushed about demographics, largely propelled by post-1965 Immigration Act policies, as a main driver of the inevitable political change in America.

The Left is no longer hiding their intentions when it comes to mass migration.

They understood full well its political implications, which is why they constantly brag about the GOP’s upcoming demise.

The GOP should take these threats seriously, and work day and night to re-elect President Trump and take back the U.S. House.

Trump should take the gloves off in his second term and carry out substantial immigration restrictions such as ending birthright citizenship and chain migration, fully funding the border wall, restricting pathways to citizenship, and completely defunding sanctuary cities to deny Democrats the permanent electoral majority they so desire.

The time for talk is over.

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