| 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 |
