|
COUNTRIES WHERE AIR TASERS
ARE RESTRICTED
AUSTRALIA
BELGIUM
CANADA
DENMARK
HONG KONG
INDIA (POLICE USE ONLY)
ITALY
JAPAN
NEW ZEALAND
NORWAY
SWEDEN
SWITZERLAND
UNITED KINGDOM
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NOTE THAT LASER POINTERS
ARE ILLEGAL IN THE FOLLOWING AREAS:
(Source is 9-16-98 USA TODAY,
most of the laws require the owner to be 18 years old)
CHICAGO RIDGE, IL
OCEAN CITY, MD
WESTCHESTER COUNTY, NY
VIRGINIA BEACH, VA
PENAL CODES AFFECTING THE TASER
Below are the legal codes of
record to the company regarding the AIR TASER. Note: none of these laws were
passed with respect to the AIR TASER. These laws pre-date the AIR TASER and
were passed regarding stun guns. However, since the AIR TASER can function in
a touch stun mode, it is covered by these applicable laws:
CONNECTICUT: Legal
w/ 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… 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 twenty-four 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 an AIR TASER 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. Any one selling such a weapon must notify the chief of
police with that information within 24 hours of the delivery. Therefore the
AIR TASER can be sold and it can be kept in your place of business or home,
but you cannot carry on your person without a permit which is only good within
the limits of the city in which was issued.
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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 AIR TASERs are banned in Washington, DC.
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FLORIDA: Legal w/ caveats:
790.001 (15) Definitions:
"Remote stun gun" means any nonlethal device with a tethered range not to exceed
16 feet and which shall utilized an identification and tracking system which,
upon use, disperses coded material traceable to the purchaser through records
kept by the manufacturer on all remote stun guns and all individual cartridges
sold which information shall be made available to any law enforcement agency
upon request.
790.01 Carrying concealed
weapons: (4) It is not a violation of this section for a person to carry
for purposes of lawful self-defense, in a concealed manner: (b) a nonlethal
stun gun or remote stun gun or other nonlethal electric weapon or device which
does not fire a dart or projectile and is designed solely for defensive purposes.
(AIR TASER Note: section b allows the concealed carry of an AIR TASER since
it is tethered and disperses coded material.)
Section 790.053 Open carry
of weapons – (2) a person may openly carry, for purposes of lawful self-defense:
(b) a nonlethal stun gun or remote stun gun or other nonlethal electric weapon
or device which does not fire a dart or projectile and is designed solely for
defensive purposes. {Editor’s note: Section b allows the open carry of an
AIR TASER since it is tethered and disperses coded material as defined in Section
790.001.)
790.22 Use of BB guns, air
or gas operated guns, electric weapons or devices or firearms under sixteen;
limitation--
(1) The use for any purpose
whatsoever of BB guns, air or gas operated guns, electric weapons or devices
or firearms as defined in 790.001 by any child under the age of 16 is prohibited
unless such use is under the supervision and in the presence of an adult.
(2) Any adult responsible for
the welfare of any child under the age of 16 years who knowingly permits such
child to use or have in his possession any BB gun, air or gas-operated gun,
electric weapon or device or any firearm in violation of the provision of subsection
(1) of this section is guilty of a misdemeanor of the second degree, punishable
as provide in 775.082 or 775.083.
NOTE: Any person convicted
of a felony in this, or any other state, or in a federal court, of a imprisonment
cannot possess, own, or have in his care or custody any firearm or
electric weapon, without first having his right to own and possess such
being restored by executive clemency, or by a proceeding to remove the disability
under federal law. A convicted felon is also forbidden from carrying any
concealed weapon whatsoever, including any size chemical spray. Violation
is a second-degree felony.
OVERVIEW OF NEW STATUTES AFFECTING AIR TASER IN FLORIDA
In May 1997, the Florida legislature
passed HB 379 and became law. HB 379 allows certain remote stun guns and pepper
sprays to be carried in the "open" and "concealed." The AIR TASER falls under
this open/concealed carry law as it meets specific parameters set by this new
statute.
·
The remote stun must fire no more than 16 feet (the AIR TASER
fires only 15 feet)
·
The remote stun gun must utilize an identification and tracking
system that upon use, disperses coded material traceable to the purchaser through
records kept by the manufacturer (AIR TASER, Inc.) on all remote stun gun and
all individual cartridges sold (Air Cartridges). The Anti-Felon Identification
system meets this parameter.
NOTE: The statute affects
dealers and owners of the AIR TASER. To carry a remote stun gun (AIR
TASER) in the open or concealed, the remote stun gun (AIR TASER) must be registered
with our company. That means that the Anti-Felon Identification cards on
the AIR TASER box must be on file with AIR TASER, Inc. If the remote AIR TASER
is not registered it cannot be carried.
+{ }+ represents underlined; words underlined are
additions
-{ }- represents stricken; words stricken are deletions
1997
Legislature, CS/CS/HB 379, Second Engrossed
An act relating to
carrying of self-defense weapons or devices; amending
s. 790.001,
F.S.; providing an exception for certain self-defense chemical sprays from the
definition of "tear gas gun" or "chemical weapon or device"; providing a definition
of "self-defense chemical spray" and "remote stun gun"; amending
s. 790.01,
Florida Statute (F.S.), relating to carrying concealed weapons; providing that
self-defense chemical sprays and nonlethal stun guns and other nonlethal electric
weapons or devices may be lawfully carried in a concealed manner in certain
circumstances; clarifying language; providing for construction not to preclude
criminal prosecutions; amending
s. 790.053,
F.S., relating to open carrying of weapons; providing that self-defense chemical
sprays and nonlethal stun guns and other nonlethal electric weapons or devices
may be lawfully carried in an open manner in certain circumstances; clarifying
language; creating s. 790.054, F.S.; defining the offense of knowingly and willfully
using self-defense chemical sprays and nonlethal stun guns and other nonlethal
electric weapons or devices against a law enforcement officer engaged in official
duties, and providing penalties therefor; providing effective dates.
Be It Enacted by
the Legislature of the State of Florida:
Section 1.
The introductory paragraph and paragraph (b) of subsection (3) of
section 790.001,
Florida Statutes, are amended, subsections (15) through (17) of said section
are renumbered as subsections (16) through (18), respectively, and a new subsection
(15) is added to said section, to read:
790.001
Definitions.--+{As used in this chapter}+ -{The following words and phrases,
when used in this chapter, shall, for the purposes of this chapter, have the
meanings respectively ascribed to them in this chapter}-, except where the context
otherwise requires:
(3)(a) "Concealed
weapon" means any dirk, metallic knuckles, slungshot, billie, tear gas gun,
chemical weapon or device, or other deadly weapon carried on or about a person
in such a manner as to conceal the weapon from the ordinary sight of another
person.
(b) +{"Tear
gas gun" or "chemical weapon or device" means any weapon of such nature, except
a device known as a "self-defense chemical spray." "Self-defense chemical spray"
means a device carried solely for purposes of lawful self-defense that is compact
in size, designed to be carried on or about the person, and contains not more
than two ounces of chemical}+ -{"Tear gas gun," "chemical weapon," or "device"
shall apply to all weapons of such nature except those designed to be carried
in a woman's handbag or a man's pants or coat pocket or designed as a pocket
pencil or pen and containing not more than one-half ounce of chemical}-.
+{(15)
"Remote stun gun" means any nonlethal device with a tethered range not to exceed
16 feet and which shall utilize an identification and tracking system which,
upon use, disperses coded material traceable to the purchaser through records
kept by the manufacturer on all remote stun guns and all individual cartridges
sold which information shall be made available to any law enforcement agency
upon request.}
+ Section 2.
Section 790.01,
Florida Statutes, is amended to read:
790.01
Carrying concealed weapons.--
(1) +{Except
as provided in subsection (4), a person who carries}+ -{Whoever shall carry}-
a concealed weapon or electric weapon or device on or about his +{or her}+ person
+{commits}+ -{shall be guilty of}- a misdemeanor of the first degree, punishable
as provided in
s. 775.082
or
s. 775.083.
(2) +{A person
who carries}+ -{Whoever shall carry}- a concealed firearm on or about his +{or
her}+ person +{commits}+ -{shall be guilty of}- a felony of the third degree,
punishable as provided in
s. 775.082,
s. 775.083,
or
s. 775.084.
(3) +{This
section does not apply to a person}+-{Nothing in this section shall relate to
persons}- licensed +{to carry a concealed weapon or a concealed firearm pursuant
to the provisions of s.}+ -{as set forth in
ss. 790.053
and}-
790.06.
+{(4) It is
not a violation of this section for a person to carry for purposes of lawful
self-defense, in a concealed manner:}+
+{(a)
A self-defense chemical spray.}+
+{(b)
A nonlethal stun gun or remote stun gun or other nonlethal electric weapon or
device which does not fire a dart or projectile and is designed solely for defensive
purposes.
(5) This section
does not preclude any prosecution for the use of an electric weapon or device
or remote stun gun or self-defense chemical spray during the commission of any
criminal offense under
s. 790.07,
s. 790.10,
s. 790.23,
or s.
790.235,
or for any other criminal offense.}+
Section 3.
Section 790.053,
Florida Statutes, is amended to read:
790.053
Open carrying of weapons.--
+{(1)}+
Except as otherwise provided by law +{and in subsection (2)}+, it +{is}+ -{shall
be}- unlawful for any person to openly carry on or about his +{or her}+ person
any firearm or electric weapon or device+{.}+
+{(2) A person
may openly carry, for purposes of lawful self-defense:}+
+{(a) A self-defense
chemical spray.}+
+{(b) A nonlethal
stun gun or remote stun gun or other nonlethal electric weapon or device which
does not fire a dart or projectile and is designed solely for defensive purposes}+-{;
provided, however, that a person may openly carry a stun gun or nonlethal electric
weapon or device designed solely for defensive purposes, which weapon does not
fire a dart or projectile}-.
+{(3)}+ Any
person violating this section +{commits}+ -{shall be guilty of}- a misdemeanor
of the second degree, punishable as provided in
s. 775.082
or
s. 775.083.
Section 4.
Effective October 1, 1997, and applicable to offenses committed on or after
that date, section 790.054, Florida Statutes, is created to read: +{790.054
Prohibited use of self-defense weapon or device against law enforcement officer;
penalties.--A person who knowingly and willfully uses a self-defense chemical
spray or a nonlethal stun gun or other nonlethal electric weapon or device or
remote stun gun against a law enforcement officer engaged in the performance
of his or her duties commits a felony of the third degree, punishable as provided
in s.775.082,
s. 775.083,
or
s. 775.084.}+
Section 5.
Except as otherwise provided herein, this act shall take effect upon becoming
a law.
5/16/97:
HB 379er became law without Governor’s Signature, Chapter No. 97-72.
Any comments or questions about legislative bill
information should be directed to:
leg.info@leg.state.fl.us
or please call the Legislative Information Division at (904) 488-4371, or toll
free at 1-800-342-1827.
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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 license 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 AIR TASERs are banned in Hawaii.
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ILLINOIS: Legal with conditions (Illegal
in Chicago)
Illinois State Law. Compiled
Stat. Ann. Chapter 430. Public Safety ACT 65. Firearms Owners Identification
Card Act. Chapter 720. Criminal Law and Procedure, Article 24. Deadly Weapons.
5/24-1 Unlawful use of Weapons.
(A) A person commits the offense of unlawful use of weapons when he knowingly:
****
(8) Carries or possesses
a firearm, stun gun or taser or other deadly weapon in any place which is licensed
to sell intoxicating beverages, or at any public gathering held pursuant to
a license issued by any governmental body or any public gathering at which an
admission is charged, excluding a place where a showing, demonstration or lecture
involving the exhibition of unloaded firearms is conducted; or
(9) Carries or possesses
in a vehicle or on or about his person any pistol, revolver, stun gun or taser
or firearm or ballistic knife, when he is hooded, robed or masked in such a
manner as to conceal his identity; or
(10) Carries or possesses
on or about his person, upon any public street, alley, or other public lands
within the corporate limits of a city, village or incorporated town, except
when an invitee thereon or therein, for the purpose of the display of such weapon
or the lawful commerce in weapons, except when on his land or in his own abode
or fixed place of business, any pistol, revolver, stun or taser or other firearm.
A "stun gun or taser," as used
in this paragraph (a) means (i) any device which is powered by electrical charging
units, such as batteries, and which fires one or several barbs attached to a
length of wire and which, upon hitting a human, can send out a current capable
of disrupting person’s nervous system in such a manner as to render him incapable
of normal functioning or (ii) any device which is powered by electrical charging
units, such as batteries, and which, upon contact with a human or clothing worn
by a human, can send out a current capable of disrupting the person’s nervous
system in such a manner as to render him incapable of normal functioning.
(b) Sentence. A person
convicted of a violation of Subsection 24-1(a)(8) and Subsection
24-1(a)(10) commits a Class
A misdemeanor; a person convicted of a violation of Subsection 24(a)(9) commits
a Class 4 felony.
(c)(2) A person who
violates Subsection 24-1(a)(9) in any school, regardless of the time of day
or the time of year or residential property owned, operated and managed by a
public housing agency or on the real property comprising any school, regardless
of the time of day or the time of year or residential property owned, operated
and managed by a public housing agency or any conveyance owned, leased or contracted
by a school to transport students to or from school or a school related activity
commits a Class 3 felony. School is defined as any public or private elementary
or secondary school, community college, college or university.
Article 24 5/24-1.1 Unlawful
Use of Possession of Weapons by Felons or Persons in the Custody of the Department
of Corrections Facilities.
Section 24-1.1. Unlawful
Use of Possession of Weapons by Felons or Persons in the Custody of the Department
of Corrections Facilities. (a) It is unlawful for a person to knowingly possess
on or about his person or on his land or in his abode or fixed place of business
any weapons prohibited under Section 24-1 of this Act or any firearm ammunition
if the person has been convicted of a felony under the law of the State or any
other jurisdiction. This section does not apply if the person has been granted
relief by the Director of the Department of State Police pursuant to Section
10 ***.
Article 24 5/24-2 Exemptions
(i) Nothing in this Article shall prohibit, apply to, or affect the transportation,
carrying or possession, of any pistol or revolver, stun gun, taser, or other
firearm consigned to a Common Carrier operating under license of the State of
Illinois or the Federal Government, where such transportation, carrying, or
possession is incident to the lawful transportation in which such Common Carrier
is engaged; and nothing in this Article shall prohibit, apply to or affect the
transportation, carrying or possession of any pistol, revolver, stun gun, taser,
or other firearm, not the subject of and regulated by subsection 24-1(a)(7)
or subsection 24-2(c) of this Article, which is unloaded and enclosed in a case,
firearm carrying box, shipping box, or other container, by the possessor of
a valid Firearm Owners Identification Card.
SUMMARY: Possession of an
AIR TASER is unlawful when in corporate limits of a city or incorporated town,
school, in any place licensed to sell intoxicating beverages, at any public
gathering held pursuant to a license issued by any governmental body or any
public gathering at which an admission is charged, or when a person’s identity
is concealed. Possession is legal when on person’s land or in his own abode
or fixed place of business in Illinois.
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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 AIR TASERs are banned in Chicago. (More information required on City
of Chicago Ordinance)
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MARYLAND: Legal
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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 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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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 AIR TASERs 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 AIR TASERs are banned in Michigan.
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NEW JERSEY: 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 no 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 was also 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 AIR TASERs 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 AIR TASERs in New York.
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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 procedure 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 AIR TASERs are banned in New York City.
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OHIO – LYNN COUNTY/CEDAR
RAPIDS: Illegal
Lynn County Missile Ordinance.
Unknown code. Per Capt. Galen Schwarz of Lynn County, Cedar Rapids, IA,
(ph: 319-398-3911) there is a county ordinance that outlaws any device that
uses a projectile and "missile" in public. Moreover, any stun gun in public
requires the user to have a concealed weapons permit. By litteral translation,
Capt. Schwartz states that technically, this includes even "snowballs" and the
"AIR TASER." NOTE: The AIR TASER can be used, however, in the place of business
or at home.
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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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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 AIR TASERs 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 AIR TASERs are banned.
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