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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:
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
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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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 |
