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STATES WHERE STUN GUNS ARE RESTRICTED:
CONNECTICUT
ILLINOIS
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
SWITZERLAND
UNITED KINGDOM
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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
If you have a
question, it is wise to check with you local city or
state attorneys office. Stun Devices should only be
purchased by those 18 years of age or older.
The above list
may not be totally accurate or complete and DIY Self
Defense accepts no responsibility for its accuracy
or completeness. |
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