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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.
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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.
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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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