People v. Yanna
297 Mich. App. 137
Mich. Ct. App.2012Background
- In Docket Nos. 304293 and 306144, the Bay Circuit and Muskegon Circuit Courts’ decisions upholding/striking down MCL 750.224a were appealed and consolidated for identical questions.
- Yanna was charged with possession of a stun gun under MCL 750.224a; Collie faced similar charges arising from a stun gun found during a domestic dispute.
- Yanna challenged MCL 750.224a as unconstitutional under the Michigan and U.S. Constitutions, arguing it violated the right to keep and bear arms for self-defense.
- Collie challenged the statute as infringing the Second Amendment rights to possess arms in the home, leading to district court dismissal and appellate reversal.
- The Court reviews the constitutional questions de novo, determines stun guns/Tasers are protected arms, and finds a complete ban on possession and a complete ban in public unconstitutional.
- The Court declines to apply Smelter (1989) as controlling, noting changes in the legal and factual landscape since then.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are Tasers/stun guns 'arms' under the Second Amendment? | Yanna/Collie argue they are protected arms. | State contends they are not protected weapons. | Yes; they are protected arms under the Second Amendment. |
| Is a complete ban on possession in the home unconstitutional? | Yanna/Collie contend the home ban violates self-defense rights. | State contends regulation governs permissible restrictions. | The complete home ban is unconstitutional. |
| Is a complete ban on carrying in public unconstitutional? | Yanna/Collie contend public prohibition violates carry rights. | State argues permissible restrictions on carrying. | Yes; total prohibition in public is unconstitutional. |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (2008) (defined arms and recognized limits on the right)
- McDonald v. City of Chicago, 561 U.S. 742 (2010) (Second Amendment applicability to states via incorporation)
- People v. Smelter, 175 Mich. App. 153 (1989) (upheld stun gun prohibition prior decision; later not binding here)
- People v. Brown, 253 Mich. 537 (1931) (historical context cited for weapon regulation)