Is it Legal to Own a Stun Gun?

The answer to “Is it legal to own a stun gun” depends on where you live. Almost all states allow civilians to own and carry stun guns or Tasers for self-defense purposes.

However, New York still has old laws that make possessing stun guns illegal without a permit. These laws might be amended in light of the Avitabile court decision.

What is a stun gun?

A stun gun is a type of less-lethal weapon that uses electricity to shock and temporarily incapacitate an attacker. It’s an effective self-defense weapon that can be used by police officers, civilians, and military personnel. It’s also a great option for people who want to protect themselves but don’t have the money to buy a firearm.

Stun guns use rechargeable lithium-ion batteries to fire electrified prongs that administer a painful electric shock when they contact the skin. Those metal prongs are designed to stick onto an attacker and deliver a charge that can cause paralysis, disorientation, and loss of consciousness. The prongs on a stun gun are usually angled so that they can reach different parts of the body, even through thick clothing. Some stun guns have more pronounced electrodes to ensure a higher percentage of the available charge gets through to an attacker.

Some states have laws about stun guns and tasers, including whether they’re legal to own or carry. While these laws vary from state to state and city to city, most of them do restrict ownership and carrying in certain places and situations.

Are stun guns legal in my state?

Stun guns or tasers can be a great tool for personal protection but like any dangerous weapon, there are different restrictions on them. In New Jersey, for example, stun guns and tasers are illegal unless you’re a law enforcement officer or have gone through the proper training.

Some states have ruled that the Second Amendment protects citizens’ rights to own and carry stun guns, including Massachusetts. But others, like New Jersey, have added them to a list of prohibited weapons that includes sawed-off shotguns, silencers, defaced firearms, and switchblade knives.

In fact, the Supreme Court decision in Caetano didn’t say that stun guns were protected by the Constitution. Ultimately, it’s up to individual state laws and local ordinances—plus the interpretation of those laws by courts and attorneys general—to determine whether stun guns and tasers can be legally owned and carried. That’s why it’s so important to do your research before you purchase one. The lawyers at Mazzoni Valvano Szewczyk & Karam can help.

Are stun guns legal for a regular person?

As long as they are not modified or tampered with, stun guns are legal for regular people to own and carry in almost every state. However, there are some places that you are not allowed to possess a stun gun or Taser without permission from security personnel. These include district government agencies/buildings, prisons, secure juvenile residential facilities, and halfway houses.

Many stun gun models have disable pin wrist straps that can prevent the stun gun from firing by an attacker who tries to take it away from you. Some have replaceable rechargeable batteries that can give you more battery life or a stronger shock, while others have replaceable stun cartridges to ensure maximum uptime.

Most states regulate stun guns and Tasers separately from other weapons. Some of these laws refer to them by name and define them as dangerous weapons, while others may include them in the definition of firearms for purposes of regulating their possession.

Are stun guns legal in California?

A stun gun or a taser can temporarily paralyze an attacker and provide the user with some level of protection. However, they can also be dangerous for the operator and target if used in the wrong way.

Under California state law, stun guns and tasers are classified as “less lethal weapons” since they only cause non-fatal levels of pain or physical impairment. The Penal Code states that the handheld electroshock weapons cannot be owned or possessed by anyone who has a felony conviction, narcotics addiction, or is below the age of 16. Minors between 16 and 18 can only purchase tasers with parental consent.

Assaulting a police officer or firefighter with a stun gun can be punishable as either a misdemeanor or felony, depending on the circumstances of the attack. Those who are found guilty of this crime can face jail or prison time and large fines. The best way to avoid this is to obey all laws regarding the ownership and use of these devices in California and other states where such weapons are legal.