STATES
WHERE STUN GUNS ARE RESTRICTED:
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:
DISTRICT
OF
COLUMBIA:
Illegal
District of Columbia Law. DC Code Ann. Title 6, Chapter 23. Firearms
Control. Sub chapter 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.
Sub chapter 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.
Sub chapter 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.
--------------------------------------------------------------------------------
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)
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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).
--------------------------------------------------------------------------------
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.)
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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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