FPC Sues New York City Again in New 2A Lawsuit Challenging Ban on Electronic Arms

[Charlie T Waite]

NEW YORK, NY (October 5, 2021) — Today, Firearms Policy Coalition (FPC) announced a new federal Second Amendment lawsuit challenging New York City’s ban on electronic arms, such as stun guns and tasers. The lawsuit seeks a judgment declaring the City’s ban unconstitutional, a preliminary or permanent injunction against enforcement of the law, and attorney’s fees and costs. Case documents in Calce v. New York City can be found at FPCLegal.org.

“Stun guns and tasers are bearable arms, and further, they are in common use for the purpose of self-defense,” the complaint states. “Indeed, the Superintendent of the New York State Police stipulated in litigation that hundreds of thousands of tasers and millions of stun guns are owned by private citizens in the United States.”

The complaint details that despite multiple courts finding that similar laws are unconstitutional, the City of New York continues to enforce state and local bans on stun guns and tasers, trains its officers that the devices are illegal, and continues to arrest individuals found to be in possession of them.

“As many courts have properly held, electronic arms are commonly kept and carried for self-defense. Under the Supreme Court’s precedents, New York City’s ban on these common arms is categorically unconstitutional,” said Adam Kraut, FPC’s Senior Director of Legal Operations. “The City may not like the Second Amendment, but it cannot opt-out of the Constitution. FPC looks forward to vindicating the rights of the plaintiffs and our members in this and our dozens of other cases throughout the United States.”