Section 131J. Sections 1313/4, 131K and 131P shall not apply to stun guns. The secretary of public safety and security shall promulgate regulations restricting access or use of stun guns by non-licensed persons and establishing minimum safety and quality standards, safe storage requirements, education and safety training requirements and law enforcement training on the appropriate use of stun guns, which shall require that any stun gun purchased or used by a law enforcement or public safety official include a mechanism for tracking the number of times the stun gun has been fired.
Notes of Decisions
Cited in
12
cases (
1 in the last 5 years), 2011–2024 · leading case:
Ramirez v. Commonwealth, 94 N.E.3d 809 (Mass. 2018).
Ramirez v. Commonwealth, 94 N.E.3d 809 (Mass. 2018).
· cites it 6× “**331 We once again confront the question whether the absolute criminal prohibition of civilian possession of a stun gun, in violation of G. L. c. 140, § 131J, violates the Second Amendment to the United States Constitution, which is applied to the States by its incorporation…”
Commonwealth v. Caetano, 26 N.E.3d 688 (Mass. 2015).
· cites it 4× “Police charged her with possession of a stun gun in violation of G. L. c. 140, § 131J. 3 The defendant challenged the constitutionality of § 131J in a *776 pretrial motion to dismiss.”
State v. Rivera, 716 S.E.2d 859 (N.C. Ct. App. 2011).
“224a(l) (2004)), and Massachusetts (Mass. Gen. Laws Ann. ch. 140, § 131J (2004)).”
Commonwealth v. Raspberry, 107 N.E.3d 1195 (Mass. App. Ct. 2018).
“3d 809 (2018) (absolute prohibition of civilian possession of stun guns in G. L. c. 140, § 131J, is unconstitutional).”
Commonwealth v. Hines, 103 N.E.3d 1238 (Mass. App. Ct. 2018).
· cites it 3× “94C, § 32J ; and unlawful possession of an electric stun gun, G. L. c. 140, § 131J. On appeal, the parties agree that the defendant is entitled to a new trial because the defendant's confrontation rights were violated when a substitute chemist read language from drug…”
Commonwealth v. Michael Shehadi (Mass. App. Ct. 2024).
· cites it 3× “In Ramirez, the Supreme Judicial Court held that the Commonwealth's absolute ban on civilian possession of electrical weapons violated the Second Amendment to the United States Constitution, and declared the law establishing the ban, G. L. c. 140, § 131J, as amended through St.”
Commonwealth v. Brown, 103 N.E.3d 1238 (Mass. App. Ct. 2018).
· cites it 2× “On March 9, 2016, the defendant admitted to sufficient facts on charges of possession of an electric stun gun, see G. L. c. 140, § 131J, and possession with intent to distribute cocaine, see G.”
Commonwealth v. Perkins (Mass. 2017).
“269, §§ 10 (h), 10G (c); and possession of an electrical weapon, G. L. c. 140, § 131J. The indictments stemmed from a wiretap investigation by State police and Framingham police of a drug distribution network operating in Framingham, Natick, Worcester, and Boston.”
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