John A. Steakely

Attorney John Steakley is a 1996 graduate of the University of Tennessee College of Law. He began his career as the Special Prosecutor for Drug Crimes for a multi-county, multi-agency drug task force in Tennessee, where he represented the State of Tennessee in thousands of felony and misdemeanor cases in a 5-county judicial district.

Caetano: The Second Amendment and Stun Guns

Caetano:  The Second Amendment and Stun Guns

There are a few arguments advanced by the anti-Second Amendment crowd that have always been too frivolous to take seriously.  The first was the now-defunct "collective right" theory that said the Second Amendment wasn't an individual right, despite being right there in the Bill of Rights will all the other individual rights.  That argument was put to rest (finally) in the Heller case.

The other argument people advance is that the Second Amendment protects only those arms in existence at the time the Second Amendment was written.  If applied to the First Amendment as well, only hand-printed newspapers would have First Amendment protection.  Television, radio, the internet, and any other form of communication requiring electricity wouldn't be protected, since they didn't exist when the First Amendment was written.

That second argument has now been put to rest by the Supreme Court in Caetano v. Massachusetts, 577 U.S. ___ (2016). 

In this case, the State of Massachusetts (a notoriously hostile state to the Second Amendment), ruled that the Second Amendment didn't protect a woman (Jaime Caetano) who wanted to carry a stun gun for her protection.  The Supreme Court of Massachusetts twisted all sorts of logic to come to that conclusion, but SCOTUS finally set them straight. 


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