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Stun
Baton Laws and Restrictions
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STATES WHERE
STUN BATONS ARE RESTRICTED:
CONNECTICUT
ILLINOIS
HAWAII
MASSACHUSETTS
MICHIGAN
NEW JERSEY
NEW YORK
RHODE ISLAND
WISCONSIN |
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:
CONNECTICUT: Legal with
Restrictions
Connecticut Criminal Law Title 53 ?
Crimes, Title 53a ? Penal Code, title 54 Criminal Procedure, Chapter
950 Section 53a-3 Definitions: (20) "Electronic defense weapon" means
a weapon which by electronic impulse or current is capable of
immobilizing a person temporarily, but is not capable of inflicting
death or serious injury. §53-206. Carrying and sale of dangerous
weapons Any person who carries upon his person? an electronic defense
weapon, as defined in 53a-3, or any other dangerous or deadly weapon
or instrument, unless such person has been granted a written permit
issued and signed by the first selectman of a town, the mayor or
chief of police of a city or the warden of a borough, authoring such
person to carry such weapon or instrument within such city or
borough, shall be fined not more than five hundred dollars or
imprisoned not more than three years or both. No permit shall be
issued to any applicant who has ever been convicted of a felony. The
issuing authority may request the applicant's finger prints and full
information concerning his criminal record and make an investigation
concerning his criminal record and make an investigation concerning
the suitability of the applicant to carry any such weapon. Refusal of
fingerprinting by the applicant shall be sufficient cause to refuse
issuance of a permit. Whenever any person is found guilty of a
violation of this subsection, any weapon or other implement within
the provisions hereof, found upon the body of such person, shall be
forfeited to the municipality wherein such person was apprehended,
not withstanding any failure of the judgment of conviction to
expressly impose such forfeiture. Any person who has been granted a
permit to carry any martial arts weapon pursuant to this section may
carry such weapon anywhere within the state. The provisions of this
subsection shall not apply to any officer charged with the
preservation of the public peace nor to any person who is found with
any such weapon or implement concealed upon his person while lawfully
removing his household goods or effects from one place to another, or
from one residence to another, nor to any person while actually and
peaceably engaged in carrying any such weapon or implement from his
place of abode or business to a place or person where or by whom such
weapon or implements is to be repaired, or while actually and
peaceable returning to his place of abode or business with such
weapon or implement after the same has been repaired. (b) any person
who sells to another? electronic defense weapon, as defined in
section 53a-3, shall, within 24 hours after the deliver of such
weapon or implement to the person to whom sold, give written notice
of such sale or delivery, specifying the article sold and the name
and address of the person to whom sold or delivered, to the chief of
police of the city, the warden of the borough or the first selectman
of the town, within which such weapon or implement is sold or
delivered, as the case may be. Any person who violates any provision
of this subsection shall be fined not more than one hundred dollars.
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.
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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 |
