jaime caetano massachusetts argued decided march per curiam held second amendment extends prima facie instruments constitute bearable arms even existence time founding district columbia heller second amendment right fully applicable mcdonald chicago case judicial massachusetts upheld massachusetts law prohibiting possession stun guns examining whether stun gun type weapon contemplated congress protected second amendment mass offered three explanations support holding second amendment extend stun guns first explained stun guns protected common use time second amendment enactment inconsistent heller clear statement second amendment extends arms existence time founding next asked whether stun guns dangerous per se common law unusual attempt apply one important limitation right keep carry arms heller see ibid referring historical tradition prohibiting carrying unusual concluded stun guns unusual thoroughly modern invention equating unusual common use time second amendment enactment second explanation first inconsistent heller reason finally used contemporary lens found nothing record suggest stun guns readily adaptable use military heller rejected proposition weapons useful warfare protected three reasons explanation massachusetts offered upholding law contradicts precedent consequently petition writ certiorari motion leave proceed forma pauperis granted judgment judicial massachusetts vacated case remanded proceedings inconsistent opinion ordered alito concurring judgment jaime caetano massachusetts petition writ certiorari judicial massachusetts decided march justice alito justice thomas joins concurring judgment bad altercation abusive boyfriend put hospital jaime caetano found homeless fear life tr july obtained multiple restraining orders abuser proved futile friend offered stun gun former boy friend mass caetano accepted weapon good thing one night leaving work caetano found waiting outside tr started screaming gon na expletive deleted work place home kids together ibid caetano abuser towered nearly foot outweighed close pounds need physical strength protect stood ground displayed stun gun announced gon na take anymore wan na use stun gun leave alone gon na gambit worked got scared left alone settled second amendment protects individual right keep bear arms applies federal government district columbia heller mcdonald chicago right vindicates basic right individual see heller supra caetano encounter violent illustrates connection fundamental rights arming caetano able protect physical threat restraining orders proved useless prevent commendably using weapon posed little danger permanently harming either father children massachusetts law however caetano mere possession stun gun may saved life made criminal see mass laws ch police later discovered weapon arrested tried convicted massachusetts judicial affirmed conviction holding stun gun type weapon eligible second amendment protection common use time second amendment enactment reasoning defies decision heller rejected bordering frivolous argument arms existence century protected second amendment decision also grave disservice vulnerable individuals like caetano must defend state events leading caetano prosecution occurred sometime confrontation september police officers responded reported shoplifting ashland massachusetts supermarket store manager detained suspect identified caetano another person parking lot potential accomplices police approached two obtained caetano consent search purse found evidence shoplifting saw caetano stun gun caetano explained officers acquired weapon defend violent officers believed caetano arrested violating mass laws ch bans entirely possession electrical weapon caetano moved dismiss charge second amendment grounds trial denied motion subsequent bench trial established following undisputed facts parties stipulated caetano possessed stun gun weapon fell within statute commonwealth also challenge caetano testimony possessed weapon defend violent indeed prosecutor urged believe defendant tr trial nonetheless found caetano guilty appealed massachusetts judicial judicial rejected caetano second amendment claim holding stun gun type weapon eligible second amendment protection reasoned stun guns unprotected common use time enactment second amendment quoting heller supra fall within traditional prohibition carrying dangerous unusual weapons citing heller supra ii although judicial professed apply heller step analysis defied heller reasoning state repeatedly framed question whether particular weapon common use time enactment second amendment see also heller emphatically rejected formulation found argument arms existence century protected second amendment merely wrong bordering frivolous instead held second amendment extends prima facie instruments constitute bearable arms even existence time founding ibid emphasis added hard imagine language speaking directly point yet judicial much mention instead seized language originating miller sorts weapons protected common use time quoting heller supra turn quoting miller supra quotation mean thought weapons popular covered second amendment simply reflects reality militia consisted citizens bring sorts lawful weapons possessed home militia duty heller second amendment accordingly guarantees right carry weapons typically possessed citizens lawful purposes stun guns existence end century true weapons commonly used today namely revolvers semiautomatic pistols revolvers virtually unknown well semiautomatic pistols invented near end electronic stun guns exempt second amendment protections simply unknown first congress electronic communications exempt first amendment electronic imaging devices exempt fourth amendment citing reno american civil liberties union kyllo heller aptly put interpret constitutional rights way judicial holding stun guns may banned dangerous unusual weapons fares better per curiam opinion recognizes conjunctive test weapon may banned unless dangerous unusual rejects lower conclusion stun guns unusual need consider lower conclusion also dangerous see ante make mistake decision gravely erred grounds dangerous held weapon dangerous per se constructed produce death great bodily harm purpose bodily assault defense quoting commonwealth appleby mass test may appropriate applying statutes criminalizing assault dangerous weapon see used identify arms fall outside second amendment first relative dangerousness weapon irrelevant weapon belongs class arms commonly used lawful purposes see heller supra contrasting unusual may banned protected weapons common use second even cases dangerousness might relevant judicial test sweeps far broadly heller defined arms covered second amendment include thing man wears defence takes hands useth wrath cast strike another decision however virtually every covered arm qualify dangerous doubt point one need look first example dangerous per se weapons firearms heller tells us anything firearms categorically prohibited dangerous fortiori stun guns commonwealth witness described force tr banned basis judicial conclusion stun guns unusual rested largely premise one must ask whether weapon commonly used see already discussed simply wrong see supra also opined weapon unusualness depends whether weapon warfare used militia asserted followed approach miller approved use heller heller actually said startling reading miller conclude weapons useful warfare protected instead miller heller recognized militia members traditionally reported duty carrying sorts lawful weapons possessed home second amendment therefore protects weapons class regardless particular weapon suitability military use see indeed heller acknowledged advancements military technology might render many commonly owned weapons ineffective warfare modern developments change interpretation right ibid event judicial assumption stun guns unsuited militia military use untenable section allows law enforcement correctional officers carry stun guns tasers presumably purposes nonlethal crowd control subduing members mob little different suppress ing insurrections traditional role militia art cl see also ibid militia may called forth execute laws union additionally several branches armed services equip troops electrical stun weapons incapacitate target without permanent injury known side effects army project manager close combat systems pd combat munitions launched electrode stun device lesd http internet materials last visited mar see marine corps administrative message marine corps guidance use tasers http news messages messagesdisplay joint weapons directorate weapons nlw reference book department defense report stating ultiple services employ tasers http foregoing makes clear pertinent second amendment inquiry whether stun guns commonly possessed citizens lawful purposes today judicial offered cursory discussion question noting tasers stun guns dwarfed number firearms observation may true beside point otherwise state free ban weapons except handguns handguns popular weapon chosen americans home heller supra relevant statistic undreds thousands tasers stun guns sold private citizens appears may lawfully possess people yanna app holding michigan stun gun ban unconstitutional see volokh nonlethal almost entirely nonlethal weapons rights keep bear arms defend life stan rev citing stun gun bans seven stat supp amended wisconsin law permitting stun gun possession see also brief opposition acknowledging approximately civilians owned stun guns less popular handguns stun guns widely owned accepted legitimate means across country massachusetts categorical ban weapons therefore violates second amendment iii lower ill treatment heller stand reasoning massachusetts poses grave threat fundamental right judicial suggested caetano simply gotten firearm defend right bear weapons answer ban possession protected arms heller moreover weapon effective means one prepared use presumptuous tell caetano ready shoot father two young children wanted protect courts business demanding citizens use force comfortable countless people may reservations using deadly force whether moral religious emotional reasons simply fear killing wrong person see brief arming women rape endangerment amicus curiae however basic right mcdonald prepared say state may force individual choose exercising right following conscience least accommodated weapon already widespread use across nation state basic responsibility keep people safe commonwealth massachusetts either unable unwilling necessary protect jaime caetano forced protect make matters worse commonwealth chose deploy prosecutorial resources prosecute convict criminal offense arming nonlethal weapon may well saved life judicial affirmed conviction flimsiest grounds grudging per curiam sends case back consequences caetano may prove tragic still conviction likely bars ever bearing arms see pet cert fundamental right protect caetano safety americans left mercy state authorities may concerned disarming people keeping safe jaime caetano massachusetts petition writ certiorari judicial massachusetts decided march per curiam held second amendment extends prima facie instruments constitute bearable arms even existence time founding district columbia heller second amendment right fully applicable mcdonald chicago case judicial massachusetts upheld massachusetts law prohibiting possession stun guns examining whether stun gun type weapon contemplated congress protected second amendment mass offered three explanations support holding second amendment extend stun guns first explained stun guns protected common use time second amendment enactment inconsistent heller clear statement second amendment extends arms existence time founding next asked whether stun guns dangerous per se common law unusual attempt apply one important limitation right keep carry arms heller see ibid referring historical tradition prohibiting carrying unusual concluded stun guns unusual thoroughly modern invention equating unusual common use time second amendment enactment second explanation first inconsistent heller reason finally used contemporary lens found nothing record suggest stun guns readily adaptable use military heller rejected proposition weapons useful warfare protected three reasons explanation massachusetts offered upholding law contradicts precedent consequently petition writ certiorari motion leave proceed forma pauperis granted judgment judicial massachusetts vacated case remanded proceedings inconsistent opinion ordered alito concurring judgment jaime caetano massachusetts petition writ certiorari judicial massachusetts decided march justice alito justice thomas joins concurring judgment bad altercation abusive boyfriend put hospital jaime caetano found homeless fear life tr july obtained multiple restraining orders abuser proved futile friend offered stun gun former boy friend mass caetano accepted weapon good thing one night leaving work caetano found waiting outside tr started screaming gon na expletive deleted work place home kids together ibid caetano abuser towered nearly foot outweighed close pounds need physical strength protect stood ground displayed stun gun announced gon na take anymore wan na use stun gun leave alone gon na gambit worked got scared left alone settled second amendment protects individual right keep bear arms applies federal government district columbia heller mcdonald chicago right vindicates basic right individual see heller supra caetano encounter violent illustrates connection fundamental rights arming caetano able protect physical threat restraining orders proved useless prevent commendably using weapon posed little danger permanently harming either father children massachusetts law however caetano mere possession stun gun may saved life made criminal see mass laws ch police later discovered weapon arrested tried convicted massachusetts judicial affirmed conviction holding stun gun type weapon eligible second amendment protection common use time second amendment enactment reasoning defies decision heller rejected bordering frivolous argument arms existence century protected second amendment decision also grave disservice vulnerable individuals like caetano must defend state events leading caetano prosecution occurred sometime confrontation september police officers responded reported shoplifting ashland massachusetts supermarket store manager detained suspect identified caetano another person parking lot potential accomplices police approached two obtained caetano consent search purse found evidence shoplifting saw caetano stun gun caetano explained officers acquired weapon defend violent officers believed caetano arrested violating mass laws ch bans entirely possession electrical weapon caetano moved dismiss charge second amendment grounds trial denied motion subsequent bench trial established following undisputed facts parties stipulated caetano possessed stun gun weapon fell within statute commonwealth also challenge caetano testimony possessed weapon defend violent indeed prosecutor urged believe defendant tr trial nonetheless found caetano guilty appealed massachusetts judicial judicial rejected caetano second amendment claim holding stun gun type weapon eligible second amendment protection reasoned stun guns unprotected common use time enactment second amendment quoting heller supra fall within traditional prohibition carrying dangerous unusual weapons citing heller supra ii although judicial professed apply heller step analysis defied heller reasoning state repeatedly framed question whether particular weapon common use time enactment second amendment see also heller emphatically rejected formulation found argument arms existence century protected second amendment merely wrong bordering frivolous instead held second amendment extends prima facie instruments constitute bearable arms even existence time founding ibid emphasis added hard imagine language speaking directly point yet judicial much mention instead seized language originating miller sorts weapons protected common use time quoting heller supra turn quoting miller supra quotation mean thought weapons popular covered second amendment simply reflects reality militia consisted citizens bring sorts lawful weapons possessed home militia duty heller second amendment accordingly guarantees right carry weapons typically possessed citizens lawful purposes stun guns existence end century true weapons commonly used today namely revolvers semiautomatic pistols revolvers virtually unknown well semiautomatic pistols invented near end electronic stun guns exempt second amendment protections simply unknown first congress electronic communications exempt first amendment electronic imaging devices exempt fourth amendment citing reno american civil liberties union kyllo heller aptly put interpret constitutional rights way judicial holding stun guns may banned dangerous unusual weapons fares better per curiam opinion recognizes conjunctive test weapon may banned unless dangerous unusual rejects lower conclusion stun guns unusual need consider lower conclusion also dangerous see ante make mistake decision gravely erred grounds dangerous held weapon dangerous per se constructed produce death great bodily harm purpose bodily assault defense quoting commonwealth appleby mass test may appropriate applying statutes criminalizing assault dangerous weapon see used identify arms fall outside second amendment first relative dangerousness weapon irrelevant weapon belongs class arms commonly used lawful purposes see heller supra contrasting unusual may banned protected weapons common use second even cases dangerousness might relevant judicial test sweeps far broadly heller defined arms covered second amendment include thing man wears defence takes hands useth wrath cast strike another decision however virtually every covered arm qualify dangerous doubt point one need look first example dangerous per se weapons firearms heller tells us anything firearms categorically prohibited dangerous fortiori stun guns commonwealth witness described force tr banned basis judicial conclusion stun guns unusual rested largely premise one must ask whether weapon commonly used see already discussed simply wrong see supra also opined weapon unusualness depends whether weapon warfare used militia asserted followed approach miller approved use heller heller actually said startling reading miller conclude weapons useful warfare protected instead miller heller recognized militia members traditionally reported duty carrying sorts lawful weapons possessed home second amendment therefore protects weapons class regardless particular weapon suitability military use see indeed heller acknowledged advancements military technology might render many commonly owned weapons ineffective warfare modern developments change interpretation right ibid event judicial assumption stun guns unsuited militia military use untenable section allows law enforcement correctional officers carry stun guns tasers presumably purposes nonlethal crowd control subduing members mob little different suppress ing insurrections traditional role militia art cl see also ibid militia may called forth execute laws union additionally several branches armed services equip troops electrical stun weapons incapacitate target without permanent injury known side effects army project manager close combat systems pd combat munitions launched electrode stun device lesd http internet materials last visited mar see marine corps administrative message marine corps guidance use tasers http news messages messagesdisplay joint weapons directorate weapons nlw reference book department defense report stating ultiple services employ tasers http foregoing makes clear pertinent second amendment inquiry whether stun guns commonly possessed citizens lawful purposes today judicial offered cursory discussion question noting tasers stun guns dwarfed number firearms observation may true beside point otherwise state free ban weapons except handguns handguns popular weapon chosen americans home heller supra relevant statistic undreds thousands tasers stun guns sold private citizens appears may lawfully possess people yanna app holding michigan stun gun ban unconstitutional see volokh nonlethal almost entirely nonlethal weapons rights keep bear arms defend life stan rev citing stun gun bans seven stat supp amended wisconsin law permitting stun gun possession see also brief opposition acknowledging approximately civilians owned stun guns less popular handguns stun guns widely owned accepted legitimate means across country massachusetts categorical ban weapons therefore violates second amendment iii lower ill treatment heller stand reasoning massachusetts poses grave threat fundamental right judicial suggested caetano simply gotten firearm defend right bear weapons answer ban possession protected arms heller moreover weapon effective means one prepared use presumptuous tell caetano ready shoot father two young children wanted protect courts business demanding citizens use force comfortable countless people may reservations using deadly force whether moral religious emotional reasons simply fear killing wrong person see brief arming women rape endangerment amicus curiae however basic right mcdonald prepared say state may force individual choose exercising right following conscience least accommodated weapon already widespread use across nation state basic responsibility keep people safe commonwealth massachusetts either unable unwilling necessary protect jaime caetano forced protect make matters worse commonwealth chose deploy prosecutorial resources prosecute convict criminal offense arming nonlethal weapon may well saved life judicial affirmed conviction flimsiest grounds grudging per curiam sends case back consequences caetano may prove tragic still conviction likely bars ever bearing arms see pet cert fundamental right protect caetano safety americans left mercy state authorities may concerned disarming people keeping safe footnotes specifically statute prohibits possession portable device weapon electrical current impulse wave beam may directed current impulse wave beam designed incapacitate temporarily injure kill mass laws ch statute includes exceptions officers weapon suppliers may possess electrical weapons designed incapacitate temporarily ibid violations punishable fine imprisonment months years ibid stun guns like caetano designed stun person electrical current running current two metal prongs device placing prongs direct contact person mass similar device popularly known brand name taser shoots wires tipped electrodes deliver electrical current distance tr tasers also used like stun gun without deploying electrodes dry stun commonwealth witness testified trial sorts electrical weapons force designed incapacitate kill target stun guns plainly bearable arms heller explained term includes eapo offence thing man wears defence takes hands carr ied purpose offensive defensive action internal quotation marks omitted see bilby revolution arms history first repeating rifles samuel colt patent famous revolver ibid see firearms illustrated history see also greener gun development ed discussing revolvers semiautomatic pistols modern pistols also noted massachusetts longer requires license possess mace pepper spray law changed caetano convicted spray also foiled stiff breeze stun gun footnotes specifically statute prohibits possession portable device weapon electrical current impulse wave beam may directed current impulse wave beam designed incapacitate temporarily injure kill mass laws ch statute includes exceptions officers weapon suppliers may possess electrical weapons designed incapacitate temporarily ibid violations punishable fine imprisonment months years ibid stun guns like caetano designed stun person electrical current running current two metal prongs device placing prongs direct contact person mass similar device popularly known brand name taser shoots wires tipped electrodes deliver electrical current distance tr tasers also used like stun gun without deploying electrodes dry stun commonwealth witness testified trial sorts electrical weapons force designed incapacitate kill target stun guns plainly bearable arms heller explained term includes eapo offence thing man wears defence takes hands carr ied purpose offensive defensive action internal quotation marks omitted see bilby revolution arms history first repeating rifles samuel colt patent famous revolver ibid see firearms illustrated history see also greener gun development ed discussing revolvers semiautomatic pistols modern pistols also noted massachusetts longer requires license possess mace pepper spray law changed caetano convicted spray also foiled stiff breeze stun gun