| Stun Gun Laws and Restrictions
STATES WHERE STUN GUNS ARE RESTRICTED:
INDIANA (no Tasers)
HAWAII
MASSACHUSETTS
MICHIGAN
NEW JERSEY
NEW YORK
RHODE ISLAND
WISCONSIN
ILLINOIS
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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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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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ILLINOIS: Restricted
a. In order to possess a Taser or stun gun, an
individual must have a valid FOID card, as is currently required
for firearms.
b. 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.
c. When a licensed firearms dealer sells a Taser or stun
gun, they must request a background check of the buyer.
d. The 24-hour waiting period required for long guns, shotguns,
and rifles, will also apply to taser and stun gun purchases.
SUMMARY: Possession and sales of stunning devices are banned
in the state of Illinois without the proper licensing. |