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D.C. to lift stun-gun ban after constitutional challenge by gun rights advocates

by Spencer S. Hsu | Washington Times  |  Published on October 24, 2016

The District government will not seek to enforce the city’s stun-gun ban against three residents who challenged the law, and court records show city lawmakers are preparing legislation to lift the long-standing prohibition.

In a two-page order filed late Monday, the District agreed not to enforce a blanket city prohibition against importing, purchasing, possessing or using Taser-style weapons “for lawful self-defense­ in their residences.” The suspension affects only three plaintiffs — a conservative blogger, a nurse and an armed-robbery victim — and will halt litigation for 90 days.

The plaintiffs’ attorney, George L. Lyon Jr., called the order “a first step to greater Second Amendment rights for D.C. residents.” He added, “I think they have effectively conceded that the ban is unconstitutional. They did not contest my showing that my clients were likely to prevail on the merits.”

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Robert Marus, a spokesman for D.C. Attorney General Karl A. Racine (D), declined to comment, saying “it would be inappropriate” while the lawsuit is pending.

But in court papers, city officials indicated the D.C. Council is moving to remove the ban in response to a U.S. Supreme Court ruling that apparently considers electronic weapons to be protected under the Second Amendment.

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