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Stun Gun Laws Stun Gun Laws

STATES THAT STUNNING DEVICES ARE RESTRICTED:

* HAWAII
* ILLINOIS
* MASSACHUSETTS
* MICHIGAN
* NEW JERSEY
* NEW YORK
* RHODE ISLAND
* WISCONSIN

CITIES WHERE STUNNING DEVICES ARE RESTRICTED:

* ANNAPOLIS, MD
* BALTIMORE, MD
* BALTIMORE COUNTY, MD
* DENSION / CRAWFORD COUNTY, IA (*According to Sheriff Tom Hogan*)
* DISTRICT OF COLUMBIA
* PHILADELPHIA

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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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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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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.

 

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