STUN GUNS (Including Air Tasers) - RESTRICTIONS AND 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 (We do not sell
or ship Stun Guns outside the United States.)
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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 City
IT IS THE RESPONSIBILITY of the buyer and NOT DefendYourselfEquipment.com or its
suppliers to ascertain and obey all applicable laws in regard to the possession and
use of our products. Absolutely no sales to minors. By placing an order, the buyer
represents that all products purchased will be used in a lawful manner and that
he or she is of legal age.