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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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ILLINOIS: Illegal To
Sell
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 taster and stun gun purchases.
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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.
Wisconsin: Tear gas is not permissible. By regulation, OC
products with a maximum OC concentration of 10% and weight range of oleoresin of
capsicum and inert ingredients of 15-60 grams are authorized. This is 1/2 oz.
and 2 oz. sprays. Further, the product cannot be camouflaged, and must have a
safety feature designed to prevent accidental discharge. The units may not have
an effective range of over 20 feet and must have an effective range of six feet.
In addition there are certain labeling and packaging requirements: must state
cannot sell to anyone under 18 and the phone number of the manufacturer has to
be on the label. The units must also be sold in sealed tamper-proof packages.
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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