Michigan Judge Deems State Law Banning Stun Guns Unconstitutional

[Kronzek Cronkright]

While it is the goal of every top criminal lawyer to successfully represent their client in court, there is one mission that is more important: protecting the Constitutional rights of every American, particularly those who have been criminal charged. Unfortunately, some laws that are meant to protect U.S. citizens end up stepping on our most beloved rights and freedoms. Most recently, both federal and state courts have widely debated the scope of the Second Amendment–most particularly, what type of “arms” the law is referring to.

The state of Michigan is not exempt from the debate over the regulation and use of firearms. Last month, a Bay County judge handed down a decision that will undoubtedly reshape the implementation of gun laws in Michigan. In his decision, 18th Circuit Court Judge Joseph K. Sheeran ruled that the Michigan law banning the possession of stun guns and tasers is unconstitutional.

Judge Sheeran’s decision came from a case where a Bay City party store worker was charged with a gun crime after wearing a stun gun to work for personal protection. In June 2010, law enforcement officials were called to the store after receiving a disturbance complaint. On arrival, they found Dean Yanna, 41, to be in possession of a stun gun, and the defendant was consequently charged under the state law that bans the use or possession of weapons that deliver electrical currents, impulses, waves or beams. Although Yanna’s co-worker had a handgun when police were in the store, he was not charged with a gun crime because he had a permit to carry concealed weapons. Those that are charged under the stun-gun and taser ban generally are not as lucky–violators of this felony crime face significant consequences if convicted, including up to four years behind bars.

Fortunately for Yanna, however, the 18th Circuit Court ruled in his favor. Judge Sheeran concluded that because Michigan law bans (as opposed to regulates) stun guns and tasers, it ultimately violates the Second Amendment. Citing previous landmark U.S. Supreme Court cases, the judge ruled that “because the court finds that a stun gun is under the Second Amendment, it likewise follows that states may regulate the ownership and possession in the same manner as any other arm. However, this court holds that a total ban of stun guns… is unconstitutional.”

Although Bay County Assistant Prosecutor J. Dee Brooks says he will ask the Court of Appeals to review Judge Sheeran’s decision, it still could pave the way for major changes to be made in Michigan firearm laws. The delicate balance between the preservation of public safety and Constitutional rights will not always tip in favor of the defendant, and those convicted of gun crimes (including those involving stun guns and tasers) will face serious consequences as a result. Because the stakes are so high, it is essential to contact top criminal attorneys in Michigan for the best protection of your personal freedoms. Having an experienced gun defense lawyer by your side in court will help make sure that your rights are protected in court, ensuring a fair trial for your case.