Original Article by: Michael Wisdom
New Orleans resident John Ford has the distinction of being the only private citizen with the right to carry a stun gun or TASER within the city limits. But even that right has been limited to just a 90-day period that began on December 14, 2016.
Louisiana law permits possession of stun guns for self-defense without the necessity of a permit, but municipalities are free to enact their own regulations. New Orleans has made the sale and possession of stun guns illegal with a city-wide ban on such devices.
Undeterred, Ford filed a federal lawsuit in U. S. District Court in November against the city and the police superintendent, asserting that the city’s ban violates his state and federal constitutional right to bear arms. Ford is seeking an injunction against enforcement of the ban. He simply wants to keep a stun gun in his home for self-defense rather than having to resort to deadly force if ever confronted with a violent criminal attack.
In his suit, Ford states:
“(Ford) is aware of the potential legal, economic and psychological ramifications of even the justified use of deadly force to defend himself or his home against a violent criminal attack. (He) would prefer to minimize the likelihood that he would have to resort to deadly force in the event he was forced to defend himself or his home against a violent criminal attack.”
On Wednesday, December 14, the city and Ford reached an agreed stipulated order, granting him the sole right to purchase and possess a stun within the city limits of New Orleans. U.S. District Court Judge Mary Ann Vial Lemmon ordered the stipulation to be adopted. The agreement staved off for now an injunction being sought by the suit. According to court records, New Orleans city officials “may” take a look at revising somewhat the municipal code section that bans the sale and possession of the non-lethal devices.
But for 90 days at least, Ford, and only Ford, can buy a stun gun and carry it “anywhere a firearm is allowed to be carried either openly or concealed.” without the city having to admit it’s violating state or federal law with the ban.
Attorneys for Ford indicate he will push for the injunction if the city does nothing or not enough to lift the ban.
So, for the next few months, John Ford will be the only private citizen in New Orleans with the legal right to shock you – with a stun gun, that is. –by Michael Wisdom, Senior Contributing Editor, Texas & U.S. Law Shield Blog