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Thread: STUN GUN LAWS - By State & Country

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    Arrow STUN GUN LAWS - By State & Country

    STUN GUN LAWS

    (Comments are not intended to be and should absolutely not be taken as legal advice.
    Check you own local updates and statutes before proceeding)


    STATES WHERE STUN GUNS ARE RESTRICTED:
    • CONNECTICUT
    • ILLINOIS
    • HAWAII
    • MASSACHUSETTS
    • MICHIGAN
    • NEW JERSEY
    • NEW YORK
    • RH ODE ISLAND
    • WISCONSIN

    --------------------------------------------------------------------------------
    CITIES WHERE STUN GUNS ARE RESTRICTED:
    • ANNAPOLIS, MD
    • BALTIMORE, MD
    • BALTIMORE COUNTY, MD
    • CHICAGO, IL
    • DENS ION / CRAWFORD COUNTY, IA (*According to Sheriff Tom Hogan*)
    • DISTRICT OF COLUMBIA
    • PHILADELPHIA

    --------------------------------------------------------------------------------
    COUNTRIES THAT STUN GUNS ARE RESTRICTED:
    • AUSTRALIA
    • BELGIUM
    • CANADA
    • DENMARK
    • HMONG KONG
    • INDIA (POLICE USE ONLY)
    • ITALY
    • JAPAN
    • NEW ZEA LAND
    • NORWAY
    • SWEDEN
    • SWITZERLAND
    • UNITED KINGDOM


    --------------------------------------------------------------------------------


    PENAL CODES AFFECTING AIR TEASER, 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. Sub-chapter 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.


    Sub-chapter 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.


    Sub-chapter 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/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.

  2. #2
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    Re: STUN GUN LAWS - By State & Country


  3. #3
    Rebecca Mitchell -'s Avatar
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    Re: STUN GUN LAWS - By State & Country

    Thanks for this information . Will check out asap .

  4. #4
    John Sanderson is offline Lifetime Member

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    Re: STUN GUN LAWS - By State & Country

    My sincerest apologies Cynthia,

    I had not noticed this thread prior to posting a thread in the firearm licensing forum. Here is what I posted, I figure, the other thread will be archived due to the pre-existance of this thread.



    !!! Warning !!!
    Electronic/Electric Defense Equipment

    After some recent research, I have found the state of Maryland does not regulate these types of tools, meaning, as far as the state is concerned, anyone can own them.

    However after a more in depth query, I found is is illegal by most county's laws to own or in any other way posses tools of this type.

    Most summaries, such as is included below has somewhat accurate information by state, but not local governments such as county and city.

    If you find, your state allows you to purchase or own a product of this type, check again with the city or county government in the areas you wish to carry or use electronic/electric protection products.

    These products are still pretty new, being perfected and diversified in use. Local and state governments are beginning to review their regulations and include these types equipment in their statutes. Regulation of these items may change without notice.

    State Statutes Summary
    http://www.taser.com/SiteCollectionD...%20Summary.pdf

  5. #5
    Jennifer Gathright--Dup's Avatar
    Jennifer Gathright--Dup is offline Private Investigator Forum Member

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    Re: STUN GUN LAWS - By State & Country

    Does anyone know if it's legal to have a stun gun in Texas?

    Thanks!!

  6. #6
    Jacob Hall's Avatar
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    Re: STUN GUN LAWS - By State & Country

    I will look into it personally, but if a state is not on the list in here does that mean there are no regulations on these types of defense tools within said state? such as Arizona. Again, I will go ahead and look into it for myself and post in here, if thats ok, any I may find for the state of Arizona. Thanks.

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