A local judge said Michigan’s law prohibiting possession of stun guns is unconstitutional in a decision that could lead to a state Court of Appeals review of the issue.

In an opinion Thursday, Bay County Circuit Court Judge Joseph Sheeran dismissed weapons charges against a 41-year-old Bay City man arrested for carrying a stun gun.

Sheeran says the ban violates the Second Amendment to the U.S. Constitution, which guarantees the right to keep and bear arms.

“Because the court finds that a stun gun is an arm under the Second Amendment, it likewise follows that states may regulate the ownership and possession in the same manner as any other arm,” the judge wrote.

“However, this court holds that a total ban of stun guns … is unconstitutional.”

The case could lead to a decision by the appeals court on whether Michigan’s complete ban on the non-lethal devices is legal.

Source: The Associated Press via Lansing State Journal.

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