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Stun
Baton Laws and Restrictions
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STATES WHERE
STUN BATONS ARE RESTRICTED:
INDIANA
HAWAII
MASSACHUSETTS
MICHIGAN
NEW JERSEY
NEW YORK
RHODE ISLAND
WISCONSIN
ILLINOIS |
CITIES WHERE
STUN BATONS ARE RESTRICTED:
ANNAPOLIS, MD
BALTIMORE, MD
BALTIMORE COUNTY, MD
CHICAGO, IL
DENSION / CRAWFORD COUNTY, IA (*According to Sheriff Tom Hogan*)
DISTRICT OF COLUMBIA
PHILADELPHIA |
PENAL CODES
AFFECTING 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.
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.
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.
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.
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.
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.
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.
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.
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)
ANNAPOLIS:
Illegal
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).
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).
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.)
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 |
