CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

A Member of the Law Professor Blogs Network

Saturday, February 13, 2010

Volokh on Nonlethal Weapons

Volokh eugene Eugene Volokh has published Nonlethal Self Defense, (Almost Entirely) Nonlethal Weapons, and the Rights to Keep and Bear Arms and Defend Life at The Legal Workshop. It is drawn from his article in the Stanford Law Review and includes a discussion of state constitutional provisions protecting a right to self defense. From the introduction:

Owning a stun gun or Taser is a crime in seven states and several cities. Carrying irritant sprays, such as pepper spray or Mace, is probably illegal in several jurisdictions. Even possessing irritant sprays at home is illegal in Massachusetts if you’re not a citizen.

Yet in most of these jurisdictions, people are free to possess guns in the same situations where stun guns or irritant sprays are illegal. So people who have deadly devices are fine. But those who have a nonlethal weapon—perhaps because they have religious, ethical, or emotional compunctions about killing, or because they worry about killing someone by mistake, or because they worry about a family member misusing the gun—are criminals.

Other jurisdictions ban some people (such as felons and minors) from possessing not just stun guns and irritant sprays but also firearms. Others bar all people from possessing all three kinds of weapons in all public places, in public universities, in public housing, or on public transportation systems. People there are entirely stripped of the ability to defend themselves with any of the devices that are most effective for self-defense.

I think such regulatory schemes are generally bad policy. And I think they are unconstitutional, perhaps under the Second Amendment—if it’s held to apply to state and local governments—and in any event under those state constitutions that secure a right to bear arms or a separate right to self-defense.

http://lawprofessors.typepad.com/crimprof_blog/2010/02/volokh-on-nonlethal-weapons.html

| Permalink

Comments

It is ironic that in some states you can have a gun but not a stun gun or taser or pepper spray for self defense. I have compiled two pages of the various states and cities where these products are either illegal or restricted. Please have a look if you want to know the laws in your area. They are at http://www.proselfdefenseproducts.com/pepperspraylaws
and
http://www.proselfdefenseproducts.com/stungunlaws
I market these products but can not legally send them to places they are restricted whether I agree with the law or not.
Ken
Pro Self Defense Products

Posted by: Ken J. Pettinari | Feb 14, 2010 7:06:19 AM

@Ken, that is very weird. Pepper spray would be ideal for senior citizens and women. this law only serve criminals.

Posted by: Self Defense Knives | Feb 16, 2010 11:50:31 AM

Eugene,
I share your feelings on non-lethal self defense products and agree that they are unconstitutional. It is likely that current restrictions would not hold up if challenged.

Posted by: Bryan Buckner | Apr 10, 2010 7:38:45 PM

I agree that this seems unfair, particularly in Massachusetts where one can/t even have irritant spray in their own home if you are not a citizen???

Posted by: SOG Knives | Jun 27, 2013 3:29:51 AM

Post a comment