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STUN
GUN LAWS
STATES WHERE STUN GUNS ARE
RESTRICTED:
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
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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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
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