| STATES WHERE STUN
GUNS ARE RESTRICTED:
HAWAII
MASSACHUSETTS
MICHIGAN
NEW JERSEY
NEW YORK
RHODE ISLAND
WISCONSIN
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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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
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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