States in which
stun guns are restricted:
CONNECTICUT
ILLINOIS
HAWAII
MASSACHUSETTS
MICHIGAN
NEW JERSEY
NEW YORK
RHODE ISLAND
WISCONSIN
Cities in which
stun guns are restricted:
ANNAPOLIS, MD
BALTIMORE, MD
BALTIMORE COUNTY, MD
CHICAGO, IL
DENSION / CRAWFORD COUNTY, IA
DISTRICT OF COLUMBIA
PHILADELPHIA
Countries in
which sun guns are restricted:
AUSTRALIA
BELGIUM
CANADA
DENMARK
HONG KONG
INDIA (POLICE USE ONLY)
ITALY
JAPAN
NEW ZEALAND
NORWAY
SWEDEN
SWITZERLAND
UNITED KINGDOM
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.
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.
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 and 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
If you have a
question, it is wise to check with you local city or state attorneys
office. Stun Devices should only be purchased by those 18 years of age or
older.
The above list
may not be totally accurate or complete and DIY Self Defense accepts no
responsibility for its accuracy or completeness.
TASER® and
the Globe and Lightning Bolt logos are trademarks of TASER International,
Inc.
The “®” designates a U.S. registered trademark.
