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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, (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 City
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