Stun Guns
States With Stun Gun Restrictions
HAWAII
MASSACHUSETTS
MICHIGAN
NEW JERSEY
NEW YORK
RHODE ISLAND
WISCONSIN
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CITIES WHERE STUNNING DEVICES 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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COUNTRIES THAT STUNNING DEVICES CAN BE SHIPPED FROM THE U.S. AND DELIVERED
TO:
(PLEASE NOTE THERE MAY BE LOCAL LAWS PROHIBITING THE PURCHASE, USE OR CARRYING
OF SUCH DEVICES)
France
Germany
Greece
Iceland
Luxembourg
Netherlands
Portugal
Spain
Turkey
United States
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
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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
Montgomery County, MD - no stunners
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LEGAL BUT WITH SOME RESTRICTION: (we can legally sell
to you, but please read the limitations)
STATE RESTRICTIONS:
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… 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.
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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 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.
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
carrying of an AIR TASER since it is tethered and disperses coded material.)
Section 790.053 Open carrying 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 provided 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
guns and all individual cartridges sold (Air Cartridges). The Anti-Felon Identification
system meets this parameter.
NOTE: The statute affects dealers and owners of Stunning
Devices - to carry a remote stun gun in the open or concealed, the remote stun
gun must be registered with our company. In regards to an AIR TASER, 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 therefore; 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,
slingshot, 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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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 a Stunning Device 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 a person’s land or in his own abode or fixed place of
business in Illinois.
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CITY RESTRICTIONS:
OHIO – LYNN COUNTY/CEDAR RAPIDS:
Any stun gun in public requires the user to have a concealed
weapons permit. By literal translation, Capt. Schwartz (ph: 319-398-3911)
states that technically, this includes even "snowballs" and "Stunning Devices"
NOTE: Stunning Devices can be used, however, in the place of business or at
home. <back |