Today the Appeals Court held that the Sabre S-1009 stun gun is not a firearm under Massachusetts’ newly revised gun law.
The pertinent section of G.L. c. 140, § 121, defines a “firearm” as “a stun gun or a pistol, revolver or other weapon of any description, loaded or unloaded, from which a shot or bullet can be discharged and of which the length of the barrel or barrels is less than [sixteen] inches or [eighteen] inches in the case of a shotgun as originally manufactured; provided, however, that the term firearm shall not include any weapon that is…constructed in a shape that does not resemble a handgun, short-barreled rifle or short-barreled shotgun including, but not limited to, covert weapons that resemble key-chains, pens, cigarette-lighters or cigarette packages…”(Emphasis added.)
After a lengthy analysis the justices concluded that “under the plain language of G.L. c. 140, Sec. 121, a stun gun that does not resemble a handgun, short barreled rifle or short-barreled shotgun is not a firearm for purposes of G.L. c. 140, Sec. 121.”
The full text of the opinion is attached below.