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Jaime Caetano was beaten so badly by her ex-boyfriend that she ended up in the hospital. So when a friend offered her a stun gun to protect herself, she took it.

Caetano, who is homeless, never had to use it but now finds herself at the center of a contentious Second Amendment case headed to the highest court in Massachusetts.

The Supreme Judicial Court is being asked to decide whether a state law that prohibits private citizens from possessing stun guns infringes on their right to keep and bear arms. In an unusual twist, the court is also being asked to examine whether the Second Amendment right to defend yourself in your own home applies in the case of a homeless person.

Arguments before the court are scheduled Tuesday.

Police found Caetano's stun gun in her purse during a shoplifting investigation at a supermarket in 2011. She told police she needed it to defend herself against her violent ex-boyfriend, against whom she had obtained multiple restraining orders.

During her trial, Caetano, 32, testified that her ex-boyfriend repeatedly came to her workplace and threatened her. One night, she showed him the stun gun and he "got scared and left me alone," she said.

She was found guilty of violating the state law that bans private possession of stun guns, devices that deliver an electric shock when pressed against an attacker.

In her appeal, her lawyer, Benjamin Keehn, argues that a stun gun falls within the meaning of "arms" under the Second Amendment. Keehn wrote in a legal brief that the state's ban "cannot be squared with the fundamental right to keep and bear arms." He also argues that self-defense outside the home is part of the core right provided by the Second Amendment.

Massachusetts is among only five states that ban stun guns and Tasers for private citizens, said Eugene Volokh, a constitutional law professor at the University of California, Los Angeles, who has written extensively about Second Amendment issues. The devices are used by law enforcement agencies around the country.

A ban in Michigan was overturned in 2012 after the state appeals court ruled that a total prohibition was unconstitutional under the Second Amendment and the Michigan Constitution.

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Homeless woman's stun gun heads to Mass. high court

Originally published November 28, 2014 at 6:04 PM | Page modified November 28, 2014 at 6:56 PM

BOSTON Jaime Caetano was beaten so seriously by her former boyfriend that she ended up in the hospital. So when a friend offered her a stun gun to protect herself, she took it.

Caetano, who is homeless, never had to use it but she now finds herself at the center of a Second Amendment case headed to the highest court in Massachusetts.

The Supreme Judicial Court is being asked to decide whether a state law that prohibits private citizens from possessing stun guns infringes on their right to keep and bear arms. In an unusual twist, the court is also being asked to examine whether the Second Amendment right to defend yourself in your own home applies in the case of a homeless person.

Arguments before the court are scheduled Tuesday.

Police found Caetanos stun gun in her purse during a shoplifting investigation at a supermarket in 2011. She told police she needed it to defend herself against her ex-boyfriend, against whom she had obtained multiple restraining orders.

During her trial, Caetano, 32, testified that her ex-boyfriend repeatedly came to her workplace and threatened her. One night, she showed him the stun gun and he got scared and left me alone, she said.

She was found guilty of violating the state law that bans private possession of stun guns, devices that deliver an electric shock when pressed against an attacker.

In her appeal, her lawyer, Benjamin Keehn, argues that a stun gun falls within the meaning of arms under the Second Amendment. Keehn wrote in a legal brief that the states ban cannot be squared with the fundamental right to keep and bear arms. He also argues that self-defense outside the home is part of the core right provided by the Second Amendment.

Massachusetts is one of five states that ban stun guns and Tasers for private citizens, said Eugene Volokh, a constitutional-law professor at UCLA who has written extensively about Second Amendment issues. The devices are used by law-enforcement agencies around the country.

See the original post:
Homeless womans stun gun a right-to-bear-arms case

YouTube Gun Channels 2 Grubkat Approved Awesome
Most of you know that I am an avid proponent of The Second Amendment. Here are some great channels that explore the variety in personalities and shooting sports content here on the Toobs....

By: Grubkat

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YouTube Gun Channels 2 Grubkat Approved Awesome - Video

11.25.14 | The Second Scoop: Ferguson Riots, The Curve, Good Gal w/ a Gun, Belt-fed M16 upper
The Second Scoop: Chris Cheng provides humor, insight, and commentary on the top gun stories you should know about. Come back every Tuesday night for a delicious serving of Second Amendment.

By: Top Shot Chris Cheng

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11.25.14 | The Second Scoop: Ferguson Riots, The Curve, Good Gal w/ a Gun, Belt-fed M16 upper - Video

A Guide to the Second AmendmentThe Second Amendment, or Amendment II, of the United States Constitution is the amendment and the section of the Bill of Rights that says that people have the right to keep and bear arms. The Second Amendment was adopted into the United States Constitution on December 15, 1791, along with the other amendments in the Bill of Rights. The Second Amendment and the Bill of Rights were introduced into the United States Constitution by James Madison.The Text of the Second AmendmentThere are two important versions of the text found in the Second Amendment, but the only differences are due to punctuation and capitalization. The text of the Second Amendment which is found in the United States Constitution and the Bill of Rights is the following:" A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."What Does the Second Amendment Mean?The Second Amendment is only a sentence long. However, there are some very important phrases that need to be carefully looked at. Here are some explanations for key phrases in the Second Amendment. Militia: During early American history, all males who were between the ages of sixteen to sixty were required to be a part of the local militia in their towns and communities.Almost everyone during this time used and owned guns.The few men who did not use or own a gun were required by law to pay a small fee instead of participating in the military services of their communities.These militias defended the communities against Indian raids and revolved, acted as a police force when it was needed, and was also available to be called upon to defense either the State or of the United States of America if it was needed.Bear arms: When the Second Amendment was written, arms meant weapons. The word arms did not necessarily only mean guns, but it definitely included guns. The Second Amendment did not specifically explain what categories or types of arms nor did it list what weapons were considered arms. When you bear arms, this means you physically carry weapon. You may have arms in your home as well as on your person.Shall not be infringed:The Second Amendment does not grant any right to bear arms. Furthermore, the rest of the Bill of Rights does not describe any right to do so. These rights are thought of as natural rights or God-given rights.In the Bill of Rights, the Second Amendment is just a reminder to the government that they should not try to stop people from having this right.

A Guide to the Second Amendment

The Second Amendment, or Amendment II, of the United States Constitution is the amendment and the section of the Bill of Rights that says that people have the right to keep and bear arms. The Second Amendment was adopted into the United States Constitution on December 15, 1791, along with the other amendments in the Bill of Rights. The Second Amendment and the Bill of Rights were introduced into the United States Constitution by James Madison.

The Text of the Second Amendment

There are two important versions of the text found in the Second Amendment, but the only differences are due to punctuation and capitalization. The text of the Second Amendment which is found in the United States Constitution and the Bill of Rights is the following:

" A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

What Does the Second Amendment Mean?

The Second Amendment is only a sentence long. However, there are some very important phrases that need to be carefully looked at. Here are some explanations for key phrases in the Second Amendment.

Militia: During early American history, all males who were between the ages of sixteen to sixty were required to be a part of the local militia in their towns and communities. Almost everyone during this time used and owned guns. The few men who did not use or own a gun were required by law to pay a small fee instead of participating in the military services of their communities. These militias defended the communities against Indian raids and revolved, acted as a police force when it was needed, and was also available to be called upon to defense either the State or of the United States of America if it was needed.

Bear arms: When the Second Amendment was written, arms meant weapons. The word arms did not necessarily only mean guns, but it definitely included guns. The Second Amendment did not specifically explain what categories or types of arms nor did it list what weapons were considered arms. When you bear arms, this means you physically carry weapon. You may have arms in your home as well as on your person.

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Second Amendment - Laws