Stun Gun Laws and Restrictions
These are ones we are aware of. However, we do not guarantee that they are up to date. Ultimately, it's your responsibility to ascertain the legality in your area.
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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