Caetano v. Massachusetts

Case Overview

CITATION

577 U.S. __ (2016)

DECIDED ON

March 21, 2016

DECIDED BY

Legal Issue

Does the Second Amendment’s protection of the right to keep and bear arms include the right to carry a stun gun?

Holding

Yes, the Second Amendment’s protection of the right to keep and bear arms protects the right to carry a stun gun.

Taser International employee building the law-enforcement version of the  stun gun at the company's headquarters in Scottsdale, AZ | Credit: Tom Hood/AP

Taser International employee building the law-enforcement version of the stun gun at the company's headquarters in Scottsdale, AZ | Credit: Tom Hood/AP

Background

In Massachusetts, a woman named Jaime Caetano obtained several restraining orders against her abusive ex-boyfriend after reportedly being hospitalized and leaving in “fear for [her] life.” One night, Caetano’s ex-boyfriend confronted and threatened her outside of her work and she successfully displayed a stun gun that a friend gifted her to deter his attacks. After police discovered she was in possession of a stun gun, however, she was arrested. Caetano was eventually tried and convicted under a Massachusetts law that made the mere possession of a stun gun criminal. She appealed, but her conviction was upheld by the Massachusetts Supreme Judicial Court.

Summary

Per Curiam decision for Caetano

Caetno

Massacusetts

Roberts

Thomas

Kennedy

Alito

Kagan

Breyer

Ginsburg

Sotomayor

Opinion of the Court

In a per curiam decision, the Court held that the Supreme Judicial Court of Massachusetts’ ruling went against the precedent set in District of Columbia v. Heller (2008), which held that “the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.” The Court then responded to the three arguments provided by the lower court.

First, the lower court argued that stun guns “were not in common use at the time of the Second Amendment’s enactment.” The Court responded that Heller clearly stated that the Second Amendment “extends . . . to . . . arms . . . that were not in existence at the time of the founding.” Second, the lower court argued that stun guns are “unusual” because they are “a thoroughly modern invention.” The Court responded that “[b]y equating ‘unusual’ with ‘in common use at the time of the Second Amendment’s enactment,’ the court’s second explanation is the same as the first; it is inconsistent with Heller for the same reason.” Lastly, the lower court used “a contemporary lens” and found “nothing in the record to suggest that [stun guns] are readily adaptable to use in the military.” The Court responded that Heller “rejected the proposition ‘that only those weapons useful in warfare are protected.’”

The Court concluded that the explanation from the lower court contradicted established precedent and vacated their judgment. The case was then remanded for further proceedings not inconsistent with the Court’s opinion.