Friday, March 6, 2020

ARE STUN GUNS AND TASERS PROTECTED BY THE SECOND AMENDMENT?

According to the Illinois Supreme Court, the answer is yes.

The court struck down the portion of the Unlawful Use of a Weapon (UUW) law that banned carrying or possessing a stun gun or taser. See People v. Webb.

Under Illinois law, you can be charged with unlawful use of a weapon if you carry a concealed firearm in violation of the Firearm Concealed Carry Act. The Act allows you to carry a concealed firearm if certain conditions are met such as that you possess a valid Firearm Owners Identification card. Under the law, a concealed firearm is defined as “a loaded or unloaded handgun carried on or about a person completely or mostly concealed from view of the public or on or about a person within a vehicle.” A handgun is then defined as “any device which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas, or escape of gas that is designed to be held and fired by the use of a single hand.”

A handgun does not include 1) a stun gun or taser, 2) machine gun, 3) short-barreled rifle or shotgun or (4) any pneumatic gun, spring gun, paint ball gun, or B-B gun which expels a single globular projectile not exceeding .18 inch in diameter, or which has a maximum muzzle velocity of less than 700 feet per second, or which expels breakable paint balls containing washable marking colors.

The Illinois Supreme court held that a stun gun or taser cannot be licensed under the FCCA because it is excluded from the definition of handgun, and that such a categorical ban violates the Second Amendment.

If you have been charged with a crime, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. If you were charged or convicted under a law that was later ruled unconstitutional, an attorney may be able to bring a motion to have the charges dismissed or your conviction vacated.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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