Stun Guns Laws and Restrictions
STATES WHERE STUN GUNS ARE RESTRICTED:
CONNECTICUT
ILLINOIS
HAWAII
MASSACHUSETTS
MICHIGAN
NEW JERSEY
NEW YORK
RHODE ISLAND
WISCONSIN
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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
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COUNTRIES THAT STUN GUNS ARE RESTRICTED:
AUSTRALIA
BELGIUM
CANADA
DENMARK
HONG KONG
INDIA
(POLICE USE ONLY)
ITALY
JAPAN
NEW
ZEALAND
NORWAY
SWEDEN
SWITZERLAND
UNITED KINGDOM
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PENAL CODES AFFECTING AIR TASER, STUN GUNS & STUN
BATONS.
STATE RESTRICTIONS:
CONNECTICUT: Legal with 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 Any person
who carries upon his person? an electronic defense weapon, as
defined in 53a-3, or any other dangerous or deadly weapon or
instrument, unless such person has been granted a written permit
issued and signed by the first selectman of a town, the mayor or
chief of police of a city or the warden of a borough, authoring such
person to carry such weapon or instrument within such city or
borough, shall be fined not more than five hundred dollars or
imprisoned not more than three years or both. No permit shall be
issued to any applicant who has ever been convicted of a felony. The
issuing authority may request the applicant?s finger prints and full
information concerning his criminal record and make an investigation
concerning his criminal record and make an investigation concerning
the suitability of the applicant to carry any such weapon. Refusal
of fingerprinting by the applicant shall be sufficient cause to
refuse issuance of a permit. Whenever any person is found guilty of
a violation of this subsection, any weapon or other implement within
the provisions hereof, found upon the body of such person, shall be
forfeited to the municipality wherein such person was apprehended,
not withstanding any failure of the judgment of conviction to
expressly impose such forfeiture. Any person who has been granted a
permit to carry any martial arts weapon pursuant to this section may
carry such weapon anywhere within the state. The provisions of this
subsection shall not apply to any officer charged with the
preservation of the public peace nor to any person who is found with
any such weapon or implement concealed upon his person while
lawfully removing his household goods or effects from one place to
another, or from one residence to another, nor to any person while
actually and peaceably engaged in carrying any such weapon or
implement from his place of abode or business to a place or person
where or by whom such weapon or implements is to be repaired, or
while actually and peaceable returning to his place of abode or
business with such weapon or implement after the same has been
repaired. (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.
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.
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ILLINOIS: Restricted
1. In order to possess a Taser or stun gun, an individual must
have a valid FOID card, as is currently required for firearms.
2. Sellers of Taser or stun guns must check the buyers FOID card
and keep the record of sale for ten years, the same requirements for
firearms sales.
3. When a licensed firearms dealer sells a Taser or stun gun,
they must request a background check of the buyer.
4. The 24-hour waiting period required for long guns, shotguns,
and rifles, will also apply to taser and stun gun purchases.
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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.
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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.
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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.
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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.
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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.
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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.
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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)
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ANNAPOLIS: Illegal
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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).
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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).
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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.)
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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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