Stun Gun Laws
Description: Below are the legal codes of record to the company regarding the
AIR TASER. Note: none of these laws were passed with respect to the AIR TASER. These
laws pre-date the AIR TASER and were passed regarding stun guns. However, since
the AIR TASER can function in a touch stun mode, it is covered by these applicable
laws:
CONNECTICUT: Legal w/ restrictions Connecticut Criminal Law Title 53 ¡V Crimes,
Title 53a ¡V 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 a. Any person who carries upon his person¡K 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¡K electronic defense weapon, as defined in section 53a-3,
shall, within twenty-four 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 an AIR TASER on the person unless that person has obtained a dangerous weapons
permit. However, there are no state-wide permits, only local permits ¡V the permit
is only good in that particular town and would be illegal elsewhere. Any one selling
such a weapon must notify the chief of police with that information within 24 hours
of the delivery. Therefore the AIR TASER can be sold and it can be kept in your
place of business or home, but you cannot carry 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 AIR TASERs are banned in Washington,
DC.
FLORIDA: Legal w/ caveats: 790.001 (15) Definitions: "Remote stun gun"
means any nonlethal device with a tethered range not to exceed 16 feet and which
shall utilized an identification and tracking system which, upon use, disperses
coded material traceable to the purchaser through records kept by the manufacturer
on all remote stun guns and all individual cartridges sold which information shall
be made available to any law enforcement agency upon request. 790.01 Carrying concealed
weapons: (4) It is not a violation of this section for a person to carry for purposes
of lawful self-defense, in a concealed manner: (b) a nonlethal stun gun or remote
stun gun or other nonlethal electric weapon or device which does not fire a dart
or projectile and is designed solely for defensive purposes. (AIR TASER Note: section
b allows the concealed carry of an AIR TASER since it is tethered and disperses
coded material.) Section 790.053 Open carry of weapons ¡V (2) a person may openly
carry, for purposes of lawful self-defense: (b) a nonlethal stun gun or remote stun
gun or other nonlethal electric weapon or device which does not fire a dart or projectile
and is designed solely for defensive purposes. {Editor¡¦s note: Section b allows
the open carry of an AIR TASER since it is tethered and disperses coded material
as defined in Section 790.001.) 790.22 Use of BB guns, air or gas operated guns,
electric weapons or devices or firearms under sixteen; limitation-- (1) The use
for any purpose whatsoever of BB guns, air or gas operated guns, electric weapons
or devices or firearms as defined in 790.001 by any child under the age of 16 is
prohibited unless such use is under the supervision and in the presence of an adult.
(2) Any adult responsible for the welfare of any child under the age of 16 years
who knowingly permits such child to use or have in his possession any BB gun, air
or gas-operated gun, electric weapon or device or any firearm in violation of the
provision of subsection (1) of this section is guilty of a misdemeanor of the second
degree, punishable as provide in 775.082 or 775.083. NOTE: Any person convicted
of a felony in this, or any other state, or in a federal court, of a imprisonment
cannot possess, own, or have in his care or custody any firearm or electric weapon,
without first having his right to own and possess such being restored by executive
clemency, or by a proceeding to remove the disability under federal law. A convicted
felon is also forbidden from carrying any concealed weapon whatsoever, including
any size chemical spray. Violation is a second-degree felony.
OVERVIEW OF NEW STATUTES AFFECTING AIR TASER IN FLORIDA
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 license 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 AIR TASERs are banned
in Hawaii.
ILLINOIS: Legal with conditions (Illegal in Chicago) Illinois State Law.
Compiled Stat. Ann. Chapter 430. Public Safety ACT 65. Firearms Owners Identification
Card Act. Chapter 720. Criminal Law and Procedure, Article 24. Deadly Weapons. 5/24-1
Unlawful use of Weapons. (A) A person commits the offense of unlawful use of weapons
when he knowingly: **** (8) Carries or possesses a firearm, stun gun or taser or
other deadly weapon in any place which is licensed to sell intoxicating beverages,
or at any public gathering held pursuant to a license issued by any governmental
body or any public gathering at which an admission is charged, excluding a place
where a showing, demonstration or lecture involving the exhibition of unloaded firearms
is conducted; or (9) Carries or possesses in a vehicle or on or about his person
any pistol, revolver, stun gun or taser or firearm or ballistic knife, when he is
hooded, robed or masked in such a manner as to conceal his identity; or (10) Carries
or possesses on or about his person, upon any public street, alley, or other public
lands within the corporate limits of a city, village or incorporated town, except
when an invitee thereon or therein, for the purpose of the display of such weapon
or the lawful commerce in weapons, except when on his land or in his own abode or
fixed place of business, any pistol, revolver, stun or taser or other firearm. A
"stun gun or taser," as used in this paragraph (a) means (i) any device
which is powered by electrical charging units, such as batteries, and which fires
one or several barbs attached to a length of wire and which, upon hitting a human,
can send out a current capable of disrupting person¡¦s nervous system in such a
manner as to render him incapable of normal functioning or (ii) any device which
is powered by electrical charging units, such as batteries, and which, upon contact
with a human or clothing worn by a human, can send out a current capable of disrupting
the person¡¦s nervous system in such a manner as to render him incapable of normal
functioning. (b) Sentence. A person convicted of a violation of Subsection 24-1(a)(8)
and Subsection 24-1(a)(10) commits a Class A misdemeanor; a person convicted of
a violation of Subsection 24(a)(9) commits a Class 4 felony. (c)(2) A person who
violates Subsection 24-1(a)(9) in any school, regardless of the time of day or the
time of year or residential property owned, operated and managed by a public housing
agency or on the real property comprising any school, regardless of the time of
day or the time of year or residential property owned, operated and managed by a
public housing agency or any conveyance owned, leased or contracted by a school
to transport students to or from school or a school related activity commits a Class
3 felony. School is defined as any public or private elementary or secondary school,
community college, college or university. Article 24 5/24-1.1 Unlawful Use of Possession
of Weapons by Felons or Persons in the Custody of the Department of Corrections
Facilities. Section 24-1.1. Unlawful Use of Possession of Weapons by Felons or Persons
in the Custody of the Department of Corrections Facilities. (a) It is unlawful for
a person to knowingly possess on or about his person or on his land or in his abode
or fixed place of business any weapons prohibited under Section 24-1 of this Act
or any firearm ammunition if the person has been convicted of a felony under the
law of the State or any other jurisdiction. This section does not apply if the person
has been granted relief by the Director of the Department of State Police pursuant
to Section 10 ***. Article 24 5/24-2 Exemptions (i) Nothing in this Article shall
prohibit, apply to, or affect the transportation, carrying or possession, of any
pistol or revolver, stun gun, taser, or other firearm consigned to a Common Carrier
operating under license of the State of Illinois or the Federal Government, where
such transportation, carrying, or possession is incident to the lawful transportation
in which such Common Carrier is engaged; and nothing in this Article shall prohibit,
apply to or affect the transportation, carrying or possession of any pistol, revolver,
stun gun, taser, or other firearm, not the subject of and regulated by subsection
24-1(a)(7) or subsection 24-2(c) of this Article, which is unloaded and enclosed
in a case, firearm carrying box, shipping box, or other container, by the possessor
of a valid Firearm Owners Identification Card. SUMMARY: Possession of an AIR TASER
is unlawful when in corporate limits of a city or incorporated town, school, in
any place licensed to sell intoxicating beverages, at any public gathering held
pursuant to a license issued by any governmental body or any public gathering at
which an admission is charged, or when a person's identity is concealed. Possession
is legal when on person¡¦s land or in his own abode or fixed place of business in
Illinois.
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 AIR TASERs are banned in Chicago. (More information required on City of
Chicago Ordinance)
MARYLAND: Legal
ANNAPOLIS: Illegal
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 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).
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 AIR TASERs are banned in Michigan.
NEW JERSEY: 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
no 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 was also 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 AIR TASERs 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 AIR TASERs
in New York.
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 procedure 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 AIR TASERs are banned in New York City.
OHIO LYNN COUNTY/CEDAR RAPIDS: Illegal Lynn County Missile Ordinance. Unknown
code. Per Capt. Galen Schwarz of Lynn County, Cedar Rapids, IA, (ph: 319-398-3911)
there is a county ordinance that outlaws any device that uses a projectile and "missile"
in public. Moreover, any stun gun in public requires the user to have a concealed
weapons permit. By litteral translation, Capt. Schwartz states that technically,
this includes even "snowballs" and the "AIR TASER." NOTE: The
AIR TASER can be used, however, in the place of business or at home.
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.)
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 AIR TASERs are banned.
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 AIR TASERs are banned.
STATES WHERE AIR TASERS ARE RESTRICTED:
HAWAII
CITIES WHERE AIR TASERS ARE RESTRICTED:
ANNAPOLIS, MD
COUNTRIES WHERE AIR TASERS ARE RESTRICTED
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