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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:
INDIANA
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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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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