Stun Guns
Laws and Restrictions
STATES WHERE STUN GUNS
ARE RESTRICTED:
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
SWITERLAND
UNITED KINGDOM
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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.
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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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, ) 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 of
Stunning Devices is banned 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 of
Stunning Devices is banned 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
