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STATES WHERE STUN GUNS
ARE RESTRICTED:
CONNECTICUT
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:
CONNECTICUT: Legal with Restrictions
SUMMARY: (Section 53-206(a) prohibits the carrying of a Stunning Device on the person unless that person has obtained a dangerous weapons permit. However, there are no state-wide permits, only local permits. The permit is only good in that particular town and would be illegal elsewhere. Anyone selling such a weapon must notify the chief of police with that information within 24 hours of the delivery. Therefore Stunning Devices can be sold and it can be kept in your place of business or home, but you cannot carry it on your person without a permit which is only good within the limits of the city in which it was issued.
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.
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
STUN GUNS CANNOT BE SHIPPED OUTSIDE THE USA WITHOUT AN EXPORT LICENSE FROM THE US GOVERNMENT.
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