Sparks fly between Bay County attorneys in Court of Appeals stun gun case

LANSING Bay County attorneys this morning appeared before a state Court of Appeals, debating whether a statewide ban on civilian use of Tasers and stun guns violates the U.S. Constitution.

The debate between Bay County Assistant Prosecutor Sylvia Linton and defense attorney Kenneth W. Malkin was triggered by Bay County Circuit Judge Joseph K. Sheerans decision in April 2011 to dismiss a four-year felony charge of possession of a stun gun against Dean S. Yanna. Sheeran ruled in favor of defense attorney Malkins position that the statewide ban on electrical weapons violates the Second Amendment right to keep and bear arms.

Addressing judges Michael J. Kelly, Douglas B. Shapiro and Kurtis T. Wilder, Linton said the right to bear arms is not a fundamental right, and even if it were, it would not be exempt from scrutiny. She said police who carry Tasers are trained in their use and that electrical weapons are typically used for criminal endeavors, such as in domestic violence situations where a man might torture his wife or girlfriend with a stun gun.

So he can own a gun and shoot her, but he cant own a stun gun and not shoot her? Kelly asked.

Correct, Linton replied. Just because something is non-lethal doesnt mean its non-dangerous. These weapons are tailor-made for rapists and kidnappers.

Linton also said stun guns have no purpose but to incapacitate, while firearms can be used for sport. Kelly asked her if the states ban on electrical weapons for civilian use should be lifted if a stun gun-centered sport were invented.

Linton said, No.

In making his argument, Malkin said the founding fathers intent with the Second Amendment was to ensure citizens have the right to use common weapons to defend themselves. Therefore, he continued, the courts must account for advancements in technology when determining what manner of weapons fall under the Second Amendment.

The stun gun was developed as an advancement of firearms, designed for self-defense on airplanes, Malkin said.

Malkin took issue with Lintons point that stun guns and Tasers are exceptionally prone for use in criminal hands.

Read the original here:
Sparks fly between Bay County attorneys in Court of Appeals stun gun case