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Tuesday, March 26, 2019

Illinois Law Banning Stun Guns and Tasers In Public Found Unconstitutional

The Illinois Supreme Court issued an opinion last week finding an Illinois statute that prohibits people from carrying stun guns or tasers in public or in a vehicle unconstitutional. People v. Webb.

Two individuals were arrested in DuPage County for carrying a stun gun. One had a stun gun in his jacket while in his vehicle and the other had a stun gun in his backpack in a forest preserve. They were both charged with unlawful use of a weapon in violation of an Illinois law. The case went to court, and the DuPage County circuit court struck down the statute, finding that a complete ban on carrying a stun gun or taser in public is unconstitutional under the Second Amendment.

The case made its way to the Illinois Supreme Court which also found the law unconstitutional. The Illinois Supreme Court noted that the U.S. Supreme Court had previously held that the Second Amendment applies to all bearable arms, not just those in existence at the time of the Second Amendment. The Court rejected the state's argument that the law was not a complete ban since a person could carry a stun gun or taser if he or she had a valid concealed carry license, ruling that the Concealed Carry Act expressly excludes stun guns and tasers from the definition of "firearm." 


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