The Illinois Supreme Court said the arrests of two residents carrying stun guns or Tasers in a vehicle or in public were unconstitutional.
In a unanimous decision filed Thursday, the court upheld a decision from DuPage County Circuit Court finding such a ban of the weapons or the pressing of charges under the state’s concealed carry law violated the Second Amendment of the U.S Constitution.
Isiah Webb was charged with misdemeanor unlawful use of a weapon after he was found carrying a stun gun in his jacket pocket while in his vehicle on a public street. Ronald Greco was charged with misdemeanor unlawful use of a weapon after a stun gun was found in his backpack in a public forest preserve. Both men challenged the charges.
The State argued stun guns and Tasers were completely banned under the Firearm Concealed Carry Act, but the circuit court disagreed, saying that “stun guns/tasers are entitled to a least as much protection under the Second Amendment as that afforded firearms, particularly since stun guns are by their specific nature far less lethal than
The state of Illinois then appealed the circuit court’s decision directly to the state Supreme Court.
The high court noted that stun guns and Tasers are not covered under the state’s concealed carry laws, thus citizens cannot be charged for unlawful use of a weapon for carrying one in public or in their vehicle under a violation of that law.
The court also noted the state did not argue that stun guns and Tasers can be subject to a “categorical ban.”