Chief’s Counsel: The Second Amendment and Electronic Control Devices

Historically, cases invoking the Second Amendment of the U.S. Constitution have involved firearms. However, the March 21, 2016, U.S. Supreme Court decision in Caetano v. Massachusetts has changed that limited view and brought what the court identified as “stun guns” into the Second Amendment analysis. The court used “stun guns” to refer to the class of weapons law enforcement generally categorizes as electronic control devices. The case facts and legal analysis are fairly straightforward; however, the case may have a substantial impact in police operations. This would be especially applicable in determining when it is appropriate to deploy an electronic control device in use-of-force situations.