| Stun Gun Laws
and Restrictions
STATES WHERE STUN GUNS ARE RESTRICTED:
INDIANA (no Tasers)
HAWAII
MASSACHUSETTS
MICHIGAN
NEW JERSEY
NEW YORK
RHODE ISLAND
WISCONSIN
ILLINOIS
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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
SWITERLAND
UNITED KINGDOM
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PENAL CODES AFFECTING AIR TASER, 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.
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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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ILLINOIS: Restricted
a. In order to possess a Taser or stun gun,
an individual must have a valid FOID card, as is currently
required for firearms.
b. 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.
c. When a licensed firearms dealer sells a Taser or
stun gun, they must request a background check of the
buyer.
d. The 24-hour waiting period required for long guns,
shotguns, and rifles, will also apply to taser and stun
gun purchases.
SUMMARY: Possession and sales of stunning devices are
banned in the state of Illinois without the proper licensing. |