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Decision

Decision Jorge Ramirez v. Commonwealth

Date: 04/17/2018
Organization: Massachusetts Supreme Judicial Court

Jorge Ramirez v. Commonwealth
Supreme Judicial Court, April 17, 2018
(Defendant’s Rights/Second Amendment)

“[T]he absolute prohibition in G. L. c. 140, § 131J, against the civilian possession of stun guns is in violation of the Second Amendment to the United  States Constitution, and therefore that § 131J in its current form, as amended by St. 2004, c. 170, § 1, is facially invalid.”

Note:

“Because this will invalidate the Legislature's absolute ban and leave no lesser restriction on the possession of stun guns in its place, and because we recognize that the Legislature may wish to do what we cannot (revise the statute in a manner that will preserve its constitutionality), we will direct that the entry of the judgment after the date of our issuance of the rescript in this case be delayed in order to allow the Legislature adequate time to amend the statute in light of this opinion, if it so chooses.”

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