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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:
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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