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National 2nd Amend. Political & Legal Discussion Discuss national gun rights and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 08-04-2018, 9:17 AM
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Default Namiki Roberts v. Honolulu PD (Hawaii stun gun/taser ban challenge)

This case is being litigated in federal court by Alan Beck (CGN's "wolfwood") and others. It was filed in April.

Thanks to Caetano, it should be decided relatively quickly via summary judgment.
https://en.wikipedia.org/wiki/Caetano_v._Massachusetts

This case, like the Knife Rights' case in NY, are important in that they defend our RKBArms that protects more than just firearms/guns.

Currently, IIRC, only Hawaii, NY and RI still ban stun guns/tasers. Alan is also litigating a suit against NY (Avitabile, see: http://www.calguns.net/calgunforum/s....php?t=1467527) and RI is considering legislation to life their ban.

Here's a link to a news article about the case: http://www.hawaiinewsnow.com/story/3...ndment-grounds

Last edited by Paladin; 09-19-2018 at 6:58 PM..
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Old 08-04-2018, 9:34 AM
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Originally Posted by Paladin View Post
This case, like the Knife Rights' case in NY, are important in that they defend our RKBArms that protects more than just firearms/guns.
I love to see this.
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Old 08-04-2018, 9:39 AM
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Originally Posted by Deedle View Post
I love to see this.
If you wish to discuss that Knife Rights NY federal lawsuit, here's the thread for it:
http://www.calguns.net/calgunforum/s....php?t=1458500
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Old 11-09-2018, 7:15 PM
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By "our" side.

"Full MSJ With Exhibits and Statement": https://www.scribd.com/document/3927...-and-Statement
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Old 08-02-2019, 5:15 AM
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.....
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Old 08-02-2019, 5:15 AM
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This morning we filed our Motion for Summary judgement in our Hawaii taser case. Assuming we win this Rhode Island will be the last state in the union to ban electric arms.

https://www.scribd.com/document/4205...t-Hawaii-Taser

exhibits

https://www.scribd.com/document/4205...tement-for-MSJ
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Last edited by wolfwood; 08-02-2019 at 5:45 AM..
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Old 08-02-2019, 2:14 PM
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Quote:
Originally Posted by wolfwood View Post
This morning we filed our Motion for Summary judgement in our Hawaii taser case. Assuming we win this Rhode Island will be the last state in the union to ban electric arms.
Awesome! If you're successful in HI, do you have any plans for lawsuits against the RI and New Castle County, DE bans?
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Old 08-02-2019, 2:35 PM
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Originally Posted by FirearmFino View Post
Awesome! If you're successful in HI, do you have any plans for lawsuits against the RI and New Castle County, DE bans?
We are working out the logistics of Rhode Island right now
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Old 08-02-2019, 3:12 PM
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Quote:
Originally Posted by wolfwood View Post
We are working out the logistics of Rhode Island right now
"Please go ask Massachusetts how this worked for them."
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Old 08-09-2019, 3:29 AM
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The following transaction was entered on 8/8/2019 at 11:35 AM HST and filed on 8/8/2019
Case Name: Roberts vs. Ballard; et al.
Case Number: 1:18-cv-00125-HG-RT
Filer:
Document Number: 53
Docket Text:
On August 2, 2019, Plaintiff Andrew Namiki Roberts filed:

PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (ECF No. 51)
and
PLAINTIFF'S SEPARATE AND CONCISE STATEMENT OF FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT. (ECF No. 52).
Defendants shall file their Oppositions on or before Wednesday, September 4, 2019.
Plaintiff shall file his Reply on or before Wednesday, September 25, 2019.
A hearing on Plaintiff's Motion for Summary Judgment (ECF No. 51) shall be held on Monday, October 28, 2019, at 10:30 a.m., before the Honorable Helen Gillmor.
(tl, )
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Old 09-04-2019, 8:04 PM
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government filed their brief

https://www.scribd.com/document/4245...mary-Judgement

concise statement of facts

https://www.scribd.com/document/4245...-Facts-for-Msj
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Last edited by wolfwood; 09-04-2019 at 8:08 PM..
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  #12  
Old 09-04-2019, 8:28 PM
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Quote:
Originally Posted by wolfwood View Post
Is the state giving up on the stun gun ban and trying to save the Taser ban instead? Also, isn't Suzuki no longer the AG in Hawaii? I would have thought that the case would have the new AG as a defendant.
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Old 09-04-2019, 10:58 PM
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Is there argument that Caetano is not precedent grounded in anything?
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Old 09-08-2019, 5:58 AM
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Quote:
Originally Posted by BryMan92 View Post
Is there argument that Caetano is not precedent grounded in anything?
It was a per curiam decision of SCOTUS based on Heller and others. About as cut and dried as it gets, no?
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Old 09-09-2019, 8:59 AM
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Quote:
Originally Posted by NATO762 View Post
It was a per curiam decision of SCOTUS based on Heller and others. About as cut and dried as it gets, no?
SCOTUS only held the reasoning in Caetano was contrary to Heller. It did not rule per se that the ban was unconstitutional.
That said, with all the states and cities that folded immediately over their bans, HI must be smoking something if they think they'll win this.
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  #16  
Old 09-13-2019, 3:45 PM
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Everytown is getting ready to file a brief. their attorneys just filed an appearance.
The following transaction was entered by Bunn, Pamela on 9/13/2019 at 1:35 PM HST and filed on 9/13/2019
Case Name: Roberts vs. Ballard; et al.
Case Number: 1:18-cv-00125-HG-RT
Filer: Everytown For Gun Safety Support Fund
Document Number: 59
Docket Text:
MOTION for Pro Hac Vice for William James Taylor, Jr. Filing fee $ 300, receipt number 0975-2262066.Pamela W. Bunn appearing for Amicus Everytown For Gun Safety Support Fund (Bunn, Pamela)
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Old 09-13-2019, 4:21 PM
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Does Everytown usually get involved in stun gun/Taser lawsuits?
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Old 09-13-2019, 4:30 PM
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Originally Posted by FirearmFino View Post
Does Everytown usually get involved in stun gun/Taser lawsuits?
they filed a brief in my new york case
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Old 09-13-2019, 4:34 PM
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Originally Posted by wolfwood View Post
they filed a brief in my new york case
That's interesting. Did they actually support the ban or were they asking for a ruling that doesn't affect gun laws?
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Old 09-13-2019, 4:52 PM
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Originally Posted by FirearmFino View Post
That's interesting. Did they actually support the ban or were they asking for a ruling that doesn't affect gun laws?
ruling that does not affect gun laws.
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  #21  
Old 09-16-2019, 7:00 PM
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everytown brief

https://www.scribd.com/document/4261...verytown-Brief
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  #22  
Old 09-19-2019, 9:13 AM
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https://www.scribd.com/document/4265...h95u0EfHb4tS_8
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  #23  
Old 11-16-2019, 7:24 AM
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Letter from Pamela W. Bunn dated November 12, 2019, addressed to Judge Gillmor, requesting permission for co-counsel William J. Taylor to appear by telephone at the Motion hearing on November 26, 2019.

EO: Ms. Bunn's letter request for co-counsel William J. Taylor to appear by telephone at the Motion hearing on November 26, 2019 (ECF No. 69 ) is hereby GRANTED. (JUDGE HELEN GILLMOR)(rls, ) (Entered: 11/14/2019)
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Old 11-26-2019, 4:59 PM
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Pursuant to the issues raised before the United States Supreme Court, the District Court elects to STAY the proceedings in this case pending the decision by the United States Supreme Court in New York State Rifle & Pistol Association, Inc. v. City of New York, 18-280.

Within 45 days of the decision by the United States Supreme Court, the Parties may file supplemental briefing concerning the appropriate level of scrutiny to apply to the Plaintiff’s challenge to Hawaii Revised Statutes § 134-1.
https://www.courtlistener.com/recap/...38948.71.0.pdf
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Old 07-11-2020, 9:36 PM
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EO: Plaintiff filed a Complaint claiming that Hawaii Revised Statutes ยง 134-1 violates the Second Amendment to the United States Constitution. Haw. Rev. Stat. ยง 134-1 limits the sale of electric guns in the State of Hawaii.Each Party has filed a Motion for Summary Judgment. (ECF Nos. 51, 54). The Parties' briefing on their Motions for Summary Judgment has raised the question as to what level of scrutiny applies to a challenge to a statute pursuant to the Second Amendment to the United States Constitution. (Pla.'s Motion at pp. 10-11, ECF No. 51 -1; Def.'s Motion at p. 11, ECF No. 54 -1). The question as to what level of scrutiny applies to a challenge to a Hawaii state statute pursuant to the Second Amendment is pending a decision, en banc, before the Ninth Circuit Court of Appeals.The Ninth Circuit Court of Appeals has elected to hear, en banc, arguments in Young v. State of Hawaii, No. 12-17808, 915 F.3d 681 (9th Cir. 2019), during the week of September 21, 2020. Pursuant to the issues raised before the Ninth Circuit Court of Appeals, the District Court elects to continue to STAY the proceedings in this case pending the en banc decision by the Ninth Circuit Court of Appeals in Young v. State of Hawaii, No. 12-17808.In addition, the State of Hawaii represents that the Motions may become moot as "[t]here is now pending in the Hawaii State Legislature SB2292 which would repeal the total ban onelectric guns and replace it with a regulatory scheme." (Supplement at p. 3, ECF No. 77 ). The Court will instruct the Parties how to proceed following the en banc decision by the Ninth Circuit Court of Appeals in Young.
https://www.courtlistener.com/docket...rts-v-ballard/
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  #26  
Old 07-12-2020, 12:26 AM
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Appears as if Hawaii learned from the NYSRPA case how to manipulate the mooting of a case. Without a painful loss and precedent that hurts their overall agenda.

Quote:
which would repeal the total ban on electric guns and replace it with a regulatory scheme."
Their new Regulatory Scheme will likely parallel their "CCW Scheme".

To Damn Bad that SCOTUS, [specifically Roberts] didn't have the brains to see this coming.
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  #27  
Old 07-12-2020, 7:19 AM
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Quote:
Originally Posted by pacrat View Post
Appears as if Hawaii learned from the NYSRPA case how to manipulate the mooting of a case. Without a painful loss and precedent that hurts their overall agenda.

Their new Regulatory Scheme will likely parallel their "CCW Scheme".

Too Damn Bad that SCOTUS, [specifically Roberts] didn't have the brains to see this coming.
Who said they didn't? Either Roberts is trying to show that the court is "balanced," is trying to prevent packing the court, or he is compromised.
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Old 07-12-2020, 8:30 AM
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Reincarnation of Earl Warren.


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Originally Posted by ronlglock View Post
Who said they didn't? Either Roberts is trying to show that the court is "balanced," is trying to prevent packing the court, or he is compromised.
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Old 07-12-2020, 8:40 AM
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Reincarnation of Earl Warren.
This^^^^^^^^^^
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Old 07-27-2020, 4:31 PM
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Motion to lift stay
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  #31  
Old 03-24-2021, 6:36 PM
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PLAINTIFF’S MOTION TO LIFT STAY AND RE-URGE SUMMARY JUDGMENT
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  #32  
Old 03-25-2021, 5:16 PM
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EO: On March 24, 2021, Plaintiff's attorneys Mr. Beck and co-counsel Mr. Stamboulieh filed: MOTION TO LIFT STAY AND RE-URGE SUMMARY JUDGMENT. (ECF No. 84 ).On August 14, 2020, the Court stayed proceedings in this case and issued a Minute Order stating: The Court will instruct the Parties how to proceed following the en banc decision by the Ninth Circuit Court of Appeals in Young v. State of Hawaii, 12-17808, scheduled for hearing during the week of September 21, 2020. (ECF No. 82 ).On March 24, 2021, the Ninth Circuit Court of Appeals issued its en banc decision in Young v. State of Hawaii, 12-17808. The mandate has not yet issued. The Court will not act until the Young proceedings have concluded. On March 24, 2021, the Honolulu Star-Advertiser reported that Attorney Alan Beck, who is Plaintiff's counsel in Young and is also Plaintiff's counsel here for Mr. Roberts, stated he will ask the United States Supreme Court to review the Young decision, asserting "We are hopeful the Supreme Court will grant review in Mr. Young's case." (Associated Press, Ruling Upholds Hawaii's Limits On Carrying Guns In Public, Honolulu Star-Advertiser (Mar. 24, 2021) https://www.staradvertiser.com/2021/...uling-upholds- hawaiis-limits-on-carrying-guns-in-public/) (last visited March 25, 2021). Plaintiff's MOTION TO LIFT STAY (ECF No. 84 ) is DENIED. (SENIOR JUDGE HELEN GILLMOR)
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Old 03-31-2021, 11:37 AM
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From the 9th Circuit: PLAINTIFF-APPELLANT’S MOTION FOR SUMMARY DISPOSITION
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  #34  
Old 04-01-2021, 5:54 PM
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Originally Posted by FirearmFino View Post
So from what I am reading. Because Alan Beck is petitioning SCOTUS to review "YOUNG".

Roberts case remains stayed, until final resolution of YOUNG at SCOTUS.

Typical "9th CIRCUS" stall, delay, kick can, tactics.
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Old 05-13-2021, 2:28 PM
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Filed order (RICHARD A. PAEZ and DANIELLE J. HUNSAKER) This appeal challenges the district court’s March 25, 2021 order denying appellant’s motion to lift the ongoing stay of proceedings in that court. We have jurisdiction under 28 U.S.C. § 1291 to review stay orders that impose lengthy or indefinite delays and “place a plaintiff effectively out of court.” Blue Cross & Blue Shield of Ala. v. Unity Outpatient Surgery Ctr., Inc., 490 F.3d 718, 724 (9th Cir. 2007). In deciding whether to stay an action pending resolution of independent proceedings which may bear upon the case, the district court is required to balance multiple considerations, including “the interests of the parties, the public, and the court.” See Blue Cross, 490 F.3d at 724; Lockyer v. Mirant Corp., 398 F.3d 1098, 1110-11 (9th Cir. 2005). The challenged stay order, however, does not set forth the district court’s analysis or explain its weighing of the relevant factors. “We cannot review the district court’s exercise of its discretion in weighing these factors unless we know that it has done so and why it reached its result.” Blue Cross, 490 F.3d at 724. Accordingly, we remand for the limited purpose of allowing the district court “to reconsider its decision and to set forth its reasons for whatever decision it reaches, so that we can properly exercise our powers of review.” See id. at 725. Within 30 days after the date of this order, the district court should issue its ruling on remand. Within 7 days after the district court’s ruling, appellant shall file a status report and/or a motion for appropriate relief. The motion for summary reversal will be addressed following termination of the limited remand. The Clerk will send a copy of this order to the district court. [12112284] (TSP)
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  #36  
Old 06-02-2021, 8:22 PM
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THE DISTRICT COURT’S RESPONSE TO THE NINTH CIRCUIT COURT OF APPEALS’ MAY 13, 2021 ORDER

"The District Court elects to continue to stay the proceedings in this case for three reasons"
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Old 06-03-2021, 3:19 AM
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Looks like there's legislation heading to the Governor to moot the case.
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Old 08-04-2021, 12:29 AM
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Wink Hi TOSSED IN TOWEL

Bit behind the info curve on this case. I can only imagine how busy Alan Beck "wolfwood" is with the Young SCOTUS appeal.

https://bearingarms.com/john-petroli...come-22-n47473

Alan said;

Quote:
I am glad that the State of Hawaii has repealed its ban on stun guns and Tasers in response to our lawsuit. Post-Heller, complete bans on electric arms are plainly unconstitutional..Hawaiians, as well as all Americans, have a right to choose a less lethal option to defend themselves.
from article dated July 8th, 2021;

Quote:
The lawsuit bore fruit and yielded the introduction of HB891 A BILL FOR AN ACT RELATING TO ELECTRIC GUNS.
Quote:
Earlier this week the Hawaii Firearms Collation announced through a facebook post that HB891 became law without the signature of the Governor, neither ratifying it nor vetoing it.
Quote:
The passage of this law is a big leap for Second Amendment rights. The Beck-Stamboulieh team has been a wrecking ball to unconstitutional provisions in law and slowly they’re bringing it all down from bottom to top. It’s going to be hard to argue that electronic weapons, which are constitutionally protected, yet unimagined by our founders are perfectly legal to keep, bear, and carry, while conventional firearms are still heavily regulated in certain jurisdictions. Yes the subtleties of these taser/stun gun cases are still being hashed out, but the case law is piling up and all of it’s going to be weighed when the Supreme Court of the United States hears the NYSRPA carry challenge this fall.
I second the bolded. And give forth a hearty THANK YOU to both "wolfwood" and Stephen Stamboulieh.



We need a GLADIATOR smiley.
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Old 08-07-2021, 9:39 AM
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What states, if any, still ban tasers or stun guns?
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Old 08-07-2021, 2:35 PM
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What states, if any, still ban tasers or stun guns?

I think Rhode Island is the holdout at this time. But may have missed something. Haven't really spent any time following Stun Gun issues nationwide.
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