| STATES WHERE STUN GUNS
ARE RESTRICTED:
CONNECTICUT
ILLINOIS
HAWAII
MASSACHUSETTS
MICHIGAN
NEW JERSEY
NEW YORK
RHODE ISLAND
WISCONSIN
--------------------------------------------------------------------------------
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
--------------------------------------------------------------------------------
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
--------------------------------------------------------------------------------
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.
--------------------------------------------------------------------------------
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 |
