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 GENERAL
FACTSTECHNICAL
FACTSLEGAL
ISSUESWHERE
TO BUY ???HOME |
LEGAL ISSUES CONCERNING STUN GUNS Now why some states ban these things is beyond me. I still believe that weapons laws only hurt law abiding citizens and not the criminals. After all, isn't the definition of a criminal someone who breaks the law ? So why do they think banning this stuff is going to stop them ? Either way, there's not a whole lot I can do about it. Luckily, my state allows them. Now this is by no means information to take as absolute fact. I have found all of this information on the web and it could have errors, be out of date, or be missing some stuff. But as a general rule, this should give you an idea on whether or not you'd get in trouble for having one... |
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| STATES
WHERE STUNNING DEVICES ARE RESTRICTED:
CLICK ON A STATE NAME TO VIEW THE LAWS
CONCERNING THAT STATE. CITIES WHERE
STUNNING DEVICES ARE RESTRICTED:
COUNTRIES THAT
STUNNING DEVICES CAN BE SHIPPED FROM THE U.S. AND DELIVERED TO: (PLEASE
NOTE THERE MAY BE LOCAL LAWS PROHIBITING THE PURCHASE, USE OR CARRYING OF
SUCH DEVICES)
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| PENAL CODES
AFFECTING AIR TASER, MYOTRON & STUN GUNS & STUN BATONS. STATE RESTRICTIONS: |
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| DISTRICT
OF COLUMBIA:
Illegal District of Columbia Law. DC Code
Ann. Title 6, Chapter 23. Firearms Control. Subchapter I. General
Provisions 6-2302. (7) "Destructive device"
means: (B) "Any device by whatever name
known which will, or is designed, or may be readily converted or restored,
to expel a projectile by the action of an explosive or other propellant
through a smooth bore barrel, except a shotgun." (D) Any device designed or
redesigned, made or remade, or readily converted or restored, and intended
to stun or disable a person by means of electric shock. Subchapter II. Firearms and
Destructive Devices. General Provision 6-2311. Registration requirements: (a) Except as otherwise provided in
this chapter, no person or organization in the District of Columbia
("District") shall receive, possess, control, transfer, offer
for sale, sell, give, or deliver any destructive device, and no person or
organization in the District shall possess or control any firearm, unless
that person or organization holds a valid registration certificate for the
firearm. Subchapter V. Sales and Transfer of
Firearms, Destructive Devices, and Ammunition. General Provision 6-2351.
Sales and transfers prohibited. No person or organization shall sell,
transfer or otherwise dispose of any firearm, destructive device or
ammunition in the District except as provided in *** 6-2352, or 6-2375. SUMMARY: Possession and sales of
Stunning Devices are banned in Washington, DC. HAWAII:
Illegal Hawaii State Law. Rev. Stats. Title
10, Chapter 134. Firearms, Ammunition and Dangerous Weapons. Part 1.
General Regulations. Chapter 134-1 Definitions. "Electric gun" means any
portable device that is electrically operated to project a missile or
electromotive force. Chapter 134-16 Restriction on
possession, sale, gift or delivery of electric guns. (a) It shall be unlawful for any
person, including a licensed manufacturer, licensed importer or licensed
dealer, to possess, offer for sale, hold for sale, sell, give, lend or
deliver any electric gun. (b) Any electric gun in violation of
subsection (a) shall be confiscated and disposed of by the chief of
police. SUMMARY: Possession and sales of
Stunning Devices are banned in Hawaii. MASSACHUSETTS:
Illegal Massachusetts State Law. Ann. Laws of
Massachusetts. Chapter 140. Sale of Firearms. Section 131J: Sale or
possession of electrical weapons; penalties. Section 131J. No person shall
sell, offer for sale or possess a portable device or weapon from which an
electric current, impulse, wave or beam may be directed, which current,
impulse, wave or beam is designed to incapacitate temporarily, injure or
kill. Whoever violates this provision of this section shall be punished by
a fine of not less than five hundred nor more than one thousand dollars or
by imprisonment for not less than six months nor more than two years in a
jail or house of correction, or both. SUMMARY: Possession and sales of
Stunning Devices are banned in Massachusetts. MICHIGAN:
Illegal The Michigan Penal Code Act 328 of
1931. Chapter 750.224a Portable device or weapon directing electrical
current, impulse, wave, or beam; sale or possession prohibited; testing. (1) A person shall not sell, offer
for sale, or possess in this state a portable device or weapon from which
an electric current, impulse, wave or beam is designed to incapacitate
temporarily, injure, or kill. (3) A person who violates this
section is guilty of a felony. SUMMARY: Possession and sales of
Stunning Devices are banned in Michigan. NEW JERSEY:
Illegal New Jersey State Law. New Jersey
Stat. Ann. Title 2C. New Jersey Code of Criminal Justice. Chapter 39-1.
Prohibited weapons and devices. (Section "r" summarized
from Chapter 2C:39-1) "Weapon" means anything readily capable of
lethal use or of inflicting serious bodily injury. The term includes, but
is not limited to all (4) stun guns; and any weapon or (this section
refers to tear gas and has been updated in 1995) other device which
projects, releases, or emits tear gas or any other substance intended to
produce temporary physical discomfort or permanent injury through being
vaporized or otherwise dispensed in the air. (t) "Stun gun" means any
weapon or other device which emits an electrical charge or current
intended to temporarily or permanently disable a person. Senate, No. 2871 -- L.1985, c. 360 Senate Bill No. 2781, as amended by
the Senate Law, Public Safety and Defense Committee, prohibits as a crime
of the fourth degree the possession of a stun gun by any person, including
a law enforcement officer. A crime of the fourth degree carries a penalty
of imprisonment for up to 18 months, a fine of up to $7,500, or both.
Prior to being amended the bill classified possession of a crime in the
third degree.
{Editor’s Note: According to Len Lawson of NJ Legislative Council, (609)
292-4625) NJ does not classify crimes in felonies versus misdemeanors. The
highest crimes are in first degree on down to fourth degree. A fourth
degree penalty is a serious charge and is generally considered a
misdemeanor in common terms. It is however an indictable offense. A fourth
degree crime does contain "a presumption of non-custodial
sentencing," meaning that there is not imprisonment if there are no
prior convictions. In some cases the sentencing is obviated from one’s
record if there is a period of good behavior following the charge.} The committee amended the bill to
include a provision authorizing the Attorney General, at his discretion,
to exempt law enforcement officers from the prohibition against possession
stun guns. The bill also was amended by the
committee to include stun guns in the definition of "weapon" in
paragraph r. N.J.S. 2C:39-1. (Chapter 2C:39-1) (h) Stun guns. Any person who
knowingly has in his possession any stun gun is guilty of a crime in the
fourth degree. SUMMARY: Possession is banned of
Stunning Devices in New Jersey. NEW YORK:
Illegal New York Consolidated Law
(McKinney’s) Book 39. Penal Law. Article 265. Firearms and Other
Dangerous Weapons 265.00 15-a. "Electronic dart gun"
means any device designed primarily as a weapon, the purpose of which is
to momentarily stun, knock out or paralyze a person by passing an
electrical shock to such person by means of a dart or projectile. 15-c. "Electronic stun gun"
means any device designed primarily as a weapon, the purpose of
which is to momentarily stun, cause mental disorientation, knock out or
paralyze a person by passing a high voltage electrical shock to such
person. Article 265.01 Criminal possession of
a weapon in the fourth degree. A person is guilty of criminal possession
of a weapon in the fourth degree when: (1) He possesses any firearm,
electronic dart gun, electronic stun gun ***; or *** SUMMARY: Possession is banned of
Stunning Devices in New York. RHODE ISLAND: Illegal General Laws of Rhode Island. Title
11, Chapter 47. Statute Subsection 11-47-42. Weapons other than firearms
prohibited. - (A) No person shall carry or possess or attempt to use
against another, any instrument or weapon of the kind commonly known as a
*** stun gun ***. Any person violating the provisions of this subsection,
shall be punished by a fine of not more than five hundred dollars ($500),
or by imprisonment for not more than one (1) year, or both such fine and
imprisonment, and the weapon so found shall be confiscated. SUMMARY: Possession and use of
Stunning Devices are banned. WISCONSIN:
Illegal Wisconsin Sta. Ann. Chapter 939.
Crimes - General Provisions. Chapter 939.22 Words and phrases defined.
(10) Dangerous weapon" means any firearm, whether loaded or unloaded
***; any device designed as a weapon and capable of producing great harm
***; any electric weapon, as defined in s. 941.295(4); or any other device
or instrumentality which, in the manner it is used or intended to be used,
is calculated or likely to produce death or great bodily harm. Chapter 941.295 Possession of
electric weapon. Subsection (1) On or after July 1, 1982, whoever sells,
transports, manufactures, possesses or goes armed with any electric weapon
is guilty of a Class E felony. Subsection (4) In this section,
"electric weapon" means any device which is designed,
redesigned, used or intended to be used, offensively or defensively, to
immobilize or incapacitate persons by the use electric current. SUMMARY: Possession and sales of
Stunning Devices are banned. |
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| CITY/COUNTY
RESTRICTIONS: CHICAGO:
Illegal Publisher’s Note: The following
jurisdictions require waiting periods or notifications to law enforcement
officials before weapons may be delivered to purchasers: Chicago - application approval/denial
for: (1) Registration : 120 days (2) Re-registration: e.g., by
an heir, 365 days) SUMMARY: Possession and sales of
Stunning Devices are banned in Chicago. (More information required on City
of Chicago Ordinance) ANNAPOLIS:
Illegal BALTIMORE:
Illegal (Including Baltimore County) Baltimore City Code 115. Stun guns
and similar devices. (e) It shall be unlawful for any person, firm, or
corporation to sell, give away, lend, rent or transfer to any individual,
firm or corporation a stun gun or other electronic device by whatever name
or description which discharges a non-projectile electric current within
the limits of the City of Baltimore. It further shall be unlawful for any
person to possess, fire or discharge any such stun gun or electronic
device within the City. Nothing in this subsection shall be held to apply
to any member of the Baltimore City Police Department or any other law
enforcement officer while in the performance of his or her official duty (Ord.
385. 1985). HOWARD
COUNTY, MD: Illegal Sec. 8.404. Sale or possession of
electronic weapons prohibited. It shall be unlawful for any person, firm,
or corporation to sell, give away, lend, rent or transfer to any
individual, firm or corporation an electronic weapon within the limits of
Howard County. It further shall be unlawful for any person to possess,
fire, discharge or activate any electronic weapon within the limits of
Howard County. (C.B. 38 1985). PHILADELPHIA:
Illegal Philadelphia City Ordinance.
Statute 10-825 Stun Guns. (1) Definitions. (a) Stun Gun. Any device which
expels or projects a projectile which, upon coming in contact with a
person, is capable of inflicting injury or an electric shock to such
person. (2) Prohibited conduct. Nor person shall own, use, possess, sell
or otherwise transfer any "stun gun." (3) Penalty. Any person
violating any provision of this section shall be subject to a fine or not
more than three hundred (300) dollars and /or imprisonment for not more
than ninety (90 days.) NEW YORK CITY:
Illegal Administrative Code of the City of
New York 10-135 Prohibition on sale and possession of electronic stun
guns. a. As used in this section,
"electronic stun gun" shall mean any device designed primarily
as a weapon, the purpose of which is to stun, render unconscious or
paralyze a person by passing an electronic shock to such person, but shall
not include an "electronic dart gun" as such term is defined in
section 265.00 of the penal law. b. It shall be unlawful for any
person to sell or offer for sale or to have in his or her possession
within the jurisdiction of the city any electronic gun. c. Violation of this section shall be
a class A misdemeanor. [Exemptions under this section are provided for
police officers operating under regular department procedures or
guidelines and for manufacturers of electronic stun guns scheduled for
bulk shipment. NOTE: The electronic stun gun is not a
"firearm" under the Federal Gun Control Act of 1968 because it
does not "...expel a projectile by the action of an
explosive..."] SUMMARY: Possession and sales of
Stunning Devices are banned in New York City
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| LEGAL
BUT WITH SOME RESTRICTION: STATE RESTRICTIONS: CONNECTICUT:
Legal w/ restrictions Connecticut Criminal Law Title 53 –
Crimes, Title 53a – Penal Code, title 54 Criminal Procedure, Chapter 950
Section 53a-3 Definitions: (20) "Electronic
defense weapon" means a weapon which by electronic impulse or current
is capable of immobilizing a person temporarily, but is not capable of
inflicting death or serious injury. §53-206. Carrying and sale of
dangerous weapons
(b)
any person who sells to another… electronic defense weapon, as defined
in section 53a-3, shall, within 24 hours after the deliver of such weapon
or implement to the person to whom sold, give written notice of such sale
or delivery, specifying the article sold and the name and address of the
person to whom sold or delivered, to the chief of police of the city, the
warden of the borough or the first selectman of the town, within which
such weapon or implement is sold or delivered, as the case may be. Any
person who violates any provision of this subsection shall be fined not
more than one hundred dollars. SUMMARY: Section 53-206(a) prohibits
the carrying of a Stunning Device on the person unless that person has
obtained a dangerous weapons permit. However, there are no state-wide
permits, only local permits – the permit is only good in that particular
town and would be illegal elsewhere. Anyone selling such a weapon must
notify the chief of police with that information within 24 hours of the
delivery. Therefore Stunning Devices can be sold and it can be kept in
your place of business or home, but you cannot carry it on your person
without a permit which is only good within the limits of the city in which
it was issued. FLORIDA:
Legal w/ caveats: 790.001 (15) Definitions:
"Remote stun gun" means any nonlethal device with a tethered
range not to exceed 16 feet and which shall utilize an identification and
tracking system which, upon use, disperses coded material traceable to the
purchaser through records kept by the manufacturer on all remote stun guns
and all individual cartridges sold, which information shall be made
available to any law enforcement agency upon request. 790.01 Carrying concealed weapons:
(4) It is not a violation of this section for a person to carry for
purposes of lawful self-defense, in a concealed manner: (b) a nonlethal
stun gun or remote stun gun or other nonlethal electric weapon or device
which does not fire a dart or projectile and is designed solely for
defensive purposes. (AIR TASER Note: section b allows the concealed
carrying of an AIR TASER since it is tethered and disperses coded
material.) Section 790.053 Open carrying of
weapons – (2) a person may openly carry, for purposes of lawful
self-defense: (b) a nonlethal stun gun or remote stun gun or other
nonlethal electric weapon or device which does not fire a dart or
projectile and is designed solely for defensive purposes.
(Editor’s note: Section b allows the open carry of an AIR TASER since it
is tethered and disperses coded material as defined in Section 790.001.) 790.22 Use of BB guns, air- or
gas-operated guns, electric weapons or devices or firearms under sixteen;
limitation-- (1) The use for any purpose
whatsoever of BB guns, air- or gas-operated guns, electric weapons or
devices or firearms as defined in 790.001 by any child under the age of 16
is prohibited unless such use is under the supervision and in the presence
of an adult. (2) Any adult responsible for the
welfare of any child under the age of 16 years who knowingly permits such
child to use or have in his possession any BB gun, air- or gas-operated
gun, electric weapon or device or any firearm in violation of the
provision of subsection (1) of this section is guilty of a misdemeanor of
the second degree, punishable as provided in 775.082 or 775.083. NOTE: Any person convicted of a
felony in this, or any other state, or in a federal court, of a
imprisonment cannot possess, own, or have in his care or custody any
firearm or electric weapon, without first having his right to own and
possess such, being restored by executive clemency, or by a
proceeding to remove the disability under federal law. A convicted felon
is also forbidden from carrying any concealed weapon whatsoever, including
any size chemical spray. Violation is a second-degree felony OVERVIEW OF NEW STATUTES
AFFECTING AIR TASER IN FLORIDA In May 1997, the Florida legislature
passed HB 379 and became law. HB 379 allows certain remote stun guns and
pepper sprays to be carried in the "open" and
"concealed." The AIR TASER falls under this open/concealed carry
law as it meets specific parameters set by this new statute.
NOTE: The statute affects dealers
and owners of Stunning Devices - to carry a remote stun gun in the
open or concealed, the remote stun gun must be registered with our
company. In regards to an AIR TASER, that means that the Anti-Felon
Identification cards on the AIR TASER box must be on file with AIR TASER,
Inc. If the remote AIR TASER is not registered it cannot be carried. +{ }+ represents underlined; words
underlined are additions -{ }- represents stricken; words
stricken are deletions 1997 Legislature, CS/CS/HB 379, Second
Engrossed ILLINOIS:
Legal with conditions (Illegal in
Chicago) Illinois State Law. Compiled Stat.
Ann. Chapter 430. Public Safety ACT 65. Firearms Owners Identification
Card Act. Chapter 720. Criminal Law and Procedure, Article 24. Deadly
Weapons. 5/24-1 Unlawful use of Weapons. (A) A
person commits the offense of unlawful use of weapons when he knowingly:
**** (8) Carries or possesses a firearm,
stun gun or Taser or other deadly weapon in any place which is licensed to
sell intoxicating beverages, or at any public gathering held pursuant to a
license issued by any governmental body or any public gathering at which
an admission is charged, excluding a place where a showing, demonstration
or lecture involving the exhibition of unloaded firearms is conducted; or (9) Carries or possesses in a vehicle
or on or about his person any pistol, revolver, stun gun or Taser, or
firearm or ballistic knife, when he is hooded, robed or masked in such a
manner as to conceal his identity; or (10) Carries or possesses on or about
his person, upon any public street, alley, or other public lands within
the corporate limits of a city, village or incorporated town, except when
an invitee thereon or therein, for the purpose of the display of such
weapon or the lawful commerce in weapons, except when on his land or in
his own abode or fixed place of business, any pistol, revolver, stun or
Taser or other firearm. A "stun gun or Taser," as
used in this paragraph (a) means (i) any device which is powered by
electrical charging units, such as batteries, and which fires one or
several barbs attached to a length of wire and which, upon hitting a
human, can send out a current capable of disrupting person’s nervous
system in such a manner as to render him incapable of normal functioning
or (ii) any device which is powered by electrical charging units, such as
batteries, and which, upon contact with a human or clothing worn by a
human, can send out a current capable of disrupting the person’s nervous
system in such a manner as to render him incapable of normal functioning. (b) Sentence. A person convicted of a
violation of Subsection 24-1(a)(8) and Subsection 24-1(a)(10) commits a Class A
misdemeanor; a person convicted of a violation of Subsection 24(a)(9)
commits a Class 4 felony. (c)(2) A person who violates
Subsection 24-1(a)(9) in any school, regardless of the time of day or the
time of year or residential property owned, operated and managed by a
public housing agency or on the real property comprising any school,
regardless of the time of day or the time of year or residential property
owned, operated and managed by a public housing agency or any conveyance
owned, leased or contracted by a school to transport students to or from
school or a school-related activity commits a Class 3 felony. School is
defined as any public or private elementary or secondary school, community
college, college or university. Article 24 5/24-1.1 Unlawful Use of
Possession of Weapons by Felons or Persons in the Custody of the
Department of Corrections Facilities. Section 24-1.1. Unlawful Use of
Possession of Weapons by Felons or Persons in the Custody of the
Department of Corrections Facilities. (a) It is unlawful for a person to
knowingly possess on or about his person or on his land or in his abode or
fixed place of business any weapons prohibited under Section 24-1 of
this Act or any firearm ammunition if the person has been convicted of a
felony under the law of the State or any other jurisdiction. This section
does not apply if the person has been granted relief by the Director
of the Department of State Police pursuant to Section 10 ***. Article 24 5/24-2 Exemptions (i)
Nothing in this Article shall prohibit, apply to, or affect the
transportation, carrying or possession, of any pistol or revolver, stun
gun, Taser, or other firearm consigned to a Common Carrier operating under
license of the State of Illinois or the Federal Government, where such
transportation, carrying, or possession is incident to the lawful
transportation in which such Common Carrier is engaged; and nothing in
this Article shall prohibit, apply to or affect the transportation,
carrying or possession of any pistol, revolver, stun gun, Taser, or other
firearm, not the subject of and regulated by subsection 24-1(a)(7) or
subsection 24-2(c) of this Article, which is unloaded and enclosed in a
case, firearm carrying box, shipping box, or other container, by the
possessor of a valid Firearm Owners Identification Card. SUMMARY: Possession of a Stunning
Device is unlawful when in corporate limits of a city or incorporated
town, school, in any place licensed to sell intoxicating beverages, at any
public gathering held pursuant to a license issued by any governmental
body or any public gathering at which an admission is charged, or when a
person’s identity is concealed. Possession is legal when on a
person’s land or in his own abode or fixed place of business in
Illinois. CITY RESTRICTIONS: OHIO – LYNN COUNTY/CEDAR RAPIDS: Any stun gun in public requires the
user to have a concealed weapons permit. By literal translation, Capt.
Schwartz (ph: 319-398-3911) states that technically, this includes
even "snowballs" and "Stunning Devices" NOTE: Stunning
Devices can be used, however, in the place of business or at home.
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