TASER® & Stun Gun Laws

Originally posted: http://www.defenseproducts101.com/statestatutesummary_page2.html
TASER® Guns are not considered firearms. They can be legally carried in most states. Below you’ll find a summery of the state laws concerning the possession and use of TASER® Guns.

StatePolice UseConsumer UseState StatuteRestriction(s)
AlabamaLegalLegal13A-1-2 Dangerous instrument or deadly weapon definition
AlaskaLegalLegal11.81.900 Defensive weapon = electric stun gun not designed to cause death or serious physical injury•Under 18 and On school grounds if under 21 without permission from school prohibited (11.61.210)•Class C felony if carried when violating a protective order (11.61.200)
ArizonaLegalLegal13-105 Dangerous instrument or deadly weapon definition
ArkansasLegalLegal5-1-102 Deadly weapon definition
CaliforniaLegalLegal244.5 Assault with a stun gun or TASER® device [stun gun and TASER® devices are different]Cannot possess TASER® device in state or local public building or public open meeting (171b (a) (5)) or in sterile area of airport (171.5)
ColoradoLegalLegal18-12-101 Stun gun = device capable of temporarily immobilizing a person by the infliction of an electrical charge; 18-12-106.5 Use of stun guns during crimeUse of stun gun in commission of criminal offense is a Class 5 felony (18-12-106.5) 
ConnecticutLegalLegal in home53a-3 Electronic defense weapon = a weapon which by electric impulse or current is capable of immobilizing a person temporarily, but is not capable of inflicting death or serious physical injury.•Carrying of electronic defense weapon unless peace officer is punishable by fine of less than $500 or less than 3 years in prison or both (53-206);•Cannot have in vehicle (29-38);
•Criminal use of electronic defense weapon is Class D felony (53a-216);
•Criminal possession of electronic defense weapon is Class D felony (53a-217)
DelawareLegalLegal222 Dangerous instrument or deadly weapon or firearm definition
District of ColumbiaLegalProhibited unless can get firearm registration7-2501.01 Destructive device = any device intended to stun or disable a person by means of electric shock•No person/organization may possess unless they hold a valid registration (7-2502.01)•No manufacturing of destructive device within District and dealer must have license (7-2504.01)
•LE and military permitted use
FloridaLegalLegal with restrictions as to type790.001 Electric weapon or device = through use of electrical current; intended for offensive or defensive purposes, destruction of life, or infliction of injury
Remote stun gun = nonlethal device with tethered range less than 16 feet
•Cannot carry electric weapon or device in concealed manner but can carry for self-defense purposes a nonlethal remote stun gun (790.01)•License to carry concealed electric weapon or device (790.06)
•Open carrying of weapons allowed for nonlethal electric weapons that do not fire a dart or projectile (790.053)
•Must be authorized to have on school ground or at school functions (790.115)
•Use by under 16 only with adult supervision; adult subject to penalty (790.22)
GeorgiaLegalLegal16-11-106 For this section, the term “firearm” includes stun guns and tasers which are powered by electrical charging units such as batteries and emit an electrical charge in excess of 20,000 volts; capable of incapacitating a person by an electrical charge•Not expressly mentioned in concealed weapons statute (16-11-126)•Expressly mentioned to be prohibited from being carried in school safety zones, at school functions, or on school property (16-11-127.1)
HawaiiLegalProhibited134.1 Electric gun = any porTABLE device electrically operated to project a missile or electromotive force•Electric guns are not to be possessed, sold, given, or delivered except to law enforcement (134.16)•Unlawful possession of electric gun is a misdemeanor (134.17)
IdahoLegalLegalUse 18 USC 930 Dangerous weapon definition
IllinoisLegalLegal in home720 ILCS 5/24-1 Stun gun or TASER® device = any device powered by electrical charging units which fires barbs and upon hitting a human sends out a current disrupting normal functioning•Cannot carry/possess with unlawful intent or concealed unless at home or principal place of business – handgun license required. (Apply for a FOID card) (5/24-1)•More unlawful use limitations listed punishable at various levels (5/24-1)
•More aggravated unlawful use limitations listed punishable as Class 4 felony (5/24-1.6)
IndianaLegalLegal35-41-1-8 Deadly weapon = TASER® device or electric stun weapon readily capable of causing serious bodily injury;  35-47-8-3 TASER® device = designed to emit electronic charge or shock through use of projectile and used to temporarily incapacitate a person•Electric stun weapons and tasers are subject to different laws than stun guns; tasers subject to requirement of handgun license (35-47-8-4)
IowaLegalLegal702.7 Dangerous weapon definition
KansasLegalLegal21-4201 Criminal use of weapons defined•Weapons as to schools includes electronic devices designed to discharge immobilizing levels of electricity aka stun gun (72-89a01)
KentuckyLegalLegal500.080 Dangerous instrument and deadly weapon definition
LouisianaLegalLegalTitle 14 §2 Dangerous weapon definition
MaineLegalLegal17 AMRS §2 Dangerous weapon definition
MarylandLegalLegal4-101 Dangerous weapon definition
Massachusetts?ProhibitedCh. 140 § 131J Electrical weapons•No person shall sell or possess electrical weapons; punishable by fine between $500-1000 or 6mos-2yrs in prison or both
MichiganLegalProhibited750.224a PorTABLE device/weapon directing electrical current•Device capable of electro-muscular disruption must contain identification and tracking system that is traceable to the purchaser through the manufacturer•Permitted possession and use by a peace officer, employee of department of corrections authorized by director, local corrections officer authorized by county sheriff, probation officer, court officer, bail agent, license private investigator, or properly trained aircraft pilot or crew.
MinnesotaLegalLegal624.731 Electronic incapacitation devices = porTABLE device designed to temporarily immobilize or incapacitate persons by means of electric pulse or current•A person may use with reasonable force in defense of person or property•Device must be labeled with or accompanied by instructions as to its use and dangers
•Devices must be according to local licensing requirement
MississippiLegalLegal97-37-1 Deadly weapons definition
MissouriLegalLegal556.061 Dangerous instrument and deadly weapon definitions
MontanaLegalLegal45-2-101 Weapon definition
NebraskaLegalLegal28-109 Deadly weapon definition
NevadaLegalLegal202.253 Firearm definition
New HampshireLegalLegal159:20 Electronic defense weapon = an electronically activated non-lethal device producing an electrical charge sufficient to immobilize or incapacitate a person temporarily•Felon possessing shall be guilty of Class B felony (159:21)•Sales are restricted to persons 18 and over (159:22)
•Use against a LE officer or another person with intent to commit a crime is punishable as a misdemeanor or felony (159:23)
New JerseyProhibitedProhibited2C:39-1 Weapon = Stun gun, emits an electrical charge or current intended to temporarily or permanently disable a person•Any person who knowingly has in his possession any stun gun is guilty of a crime of the 4th degree (2C:39-3
New MexicoLegalLegal30-1-12 Deadly weapon definition
New YorkLegalProhibited265.00 Electronic dart gun = designed to momentarily stun, knock out or paralyze a person by passing an electrical shock by means of a dart or projectile;
Electric stun gun = designed to stun, cause mental disorientation, knock out or paralyze a person by passing a high voltage electrical shock
•Possession is a Class A misdemeanor (265.01)•Possession by person with any previous conviction is a Class D felony (265.02)
•Exemption for LE (265.20)
North CarolinaLegalLegalNo definition statute•Unlawful to carry stun gun in a concealed manner punishable as a Class 2 misdemeanor (14-269)•Stun guns allowed openly on educational property (14-269.2)
•Stun guns allowed to be carried openly by felons (14-415.1)
North DakotaLegalLegal62.1-01-01 Dangerous weapon includes stun gun•Possession in liquor establishment or gaming site prohibited (62.1-02-04)•Other than LE, cannot carry in concealed manner (62.1-04-02)
•License to carry concealed dangerous weapon (62.1-04-03)
OhioLegalLegal2923.11 Deadly weapon definition
OklahomaLegalLegalNo definition statute•Use of electronic dart gun while committing felony shall be guilty of separate offense (1287)•Electric dart gun not listed in Unlawful Carry statute (1272)
OregonLegalLegal161.015 Physical force includes the use of an electrical stun gun•Reckless discharge of electrical stun gun against another person is a Class A misdemeanor•Knowing discharge of electrical stun gun against a LE officer, EMT… is a Class C felony
PennsylvaniaLegalLegal908 Offensive weapon = any stun gun, TASER® device or other electronic or electric weapon
908.1 Electronic incapacitation device
•Possession or use of electronic incapacitation device for unlawful purpose constitutes a 2nd degree felony with intent or 1st degree misdemeanor otherwise (908.1)•A person may use with reasonable force in defense of person or property (908.1)
•No person prohibited from possessing firearm may possess electronic incapacitation device (908.1)
Rhode Island?Prohibited11-47-42 Stun gun•No person shall carry or possess or attempt to use against another•No person shall carry concealed upon his person
•Punishable by fine less than $1,000 or imprisonment for less than 1 year or both and weapon shall be confiscated
South CarolinaLegalLegal16-23-10 Definitions of pistol and crime of violence
South DakotaLegalLegal22-1-2 Stun gun = battery-powered, pulsed electrical device of high voltage or low/no amperage that can disrupt the central nervous system and cause temporary loss of person’s voluntary muscle control•Commission of felony while armed with stun gun is Class 5 felony (22-14-13.1)
TennesseeLegalLegal39-11-106 Deadly weapon definition•Applicants for private security officer/guard registration who will carry stun gun must obtain certified training (62-35-118)
TexasLegalLegal46.01 No applicable definition
UtahLegalLegal76-10-501 Dangerous weapon definition
VermontLegalLegal4003/4016 Dangerous weapon definition
VirginiaLegalLegal18.2-308.1 Stun weapon = emits an electronic charge exceeding 5 milliamp 60 hertz shock and used for temporarily incapacitating a person
TASER® device = emits electronic charge or shock through use of projectile and used to temporarily incapacitate a person
•Possession or transportation of TASER® device by convicted felon is Class 6 felony (18.2-308.2)
WashingtonLegalLegal9.41.250 Dangerous weapon definition
West VirginiaLegalLegal61-7-2 Deadly weapon definition
WisconsinLegalProhibited941-295 Electric weapon = intended to be used and reasonably capable of producing death or serious bodily injury•Selling, transporting, manufacturing or going armed with electric weapon is a Class H felony•Not applicable to peace officers, military, and corrections personnel
WyomingLegalLegal6-1-104 Deadly weapon definition

DETAILED CITY, STATE AND COUNTRY RESTRICTIONS SUMMARY
STATES WHERE STUN GUNS ARE RESTRICTED: HAWAII
MASSACHUSETTS
MICHIGAN
NEW JERSEY
NEW YORK
RHODE ISLAND

WISCONSIN

CITIES WHERE STUN GUNS ARE RESTRICTED:
ANNAPOLIS, MD
BALTIMORE, MD
BALTIMORE COUNTY, MD
CHICAGO, IL
DENSION / CRAWFORD COUNTY, IA (According to Sheriff Tom Hogan)
DISTRICT OF COLUMBIA

PHILADELPHIA

COUNTRIES THAT STUN GUNS ARE RESTRICTED:
AUSTRALIA
BELGIUM
CANADA
DENMARK
HONG KONG
INDIA (POLICE USE ONLY)
ITALY
JAPAN
NEW ZEALAND
NORWAY
SWEDEN
SWITERLAND

UNITED KINGDOM

PENAL CODES AFFECTING TASER® DEVICES, STUN GUNS & STUN BATONS.
STATE RESTRICTIONS:
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.

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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