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