Martel v. Healey

Federal District Court for Massachusetts

Challenge to the Massachusetts ban on the possession electronic self-defense weapons  
Filed February 16, 2017

Martel v. Healey

Martel v. Healy is a direct challenge to the constitutionality of MGL ch 140 § 131J which imposes a blanket ban on the possession of Tasers, stun guns, and other electrical weapons by residents of Massachusetts.  The suit was brought by Comm2A and the Center for Individual Rights (CIR) on behalf of three individual plaintiffs.  

This action contends that electrical weapons are “arms in common use” and therefore their possession by law-abiding adult citizens is protected by the Second Amendment right to keep and bear arms.  The complaint alleges that the constitutional rights of the plaintiffs are being violated because Massachusetts law prohibits the possession of a class of arms whose possession is protected by the Second Amendment.     

The complaint seeks a declaratory judgment that the Commonwealth's prohibition on electronic weapons violates the Second and Fourteenth Amendments and an order permanently enjoining the Commonwealth from enforcing the ban.  

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Status: Litigation