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.
--------------------------------------------------------------------------------
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.
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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.
--------------------------------------------------------------------------------
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.
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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)
--------------------------------------------------------------------------------
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).
--------------------------------------------------------------------------------
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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