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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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