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CONNECTICUT: Legal w/ restrictions
Connecticut Criminal Law Title 53 ˇV Crimes, Title 53a ˇV 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. ˇ±53-206. Carrying and sale of dangerous weapons a. Any
person who carries upon his person's 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's 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.
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.
ILLINOIS: Legal with conditions 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 personˇ¦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 personˇ¦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 STUN
GUN, STUN BATON or TASERS are 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 personˇ¦s identity is
concealed. Possession is legal when on personˇ¦s land or in his own
abode or fixed place of business in Illinois.
CHICAGO: Illegal Publisherˇ¦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)
MARYLAND: Legal
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 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).
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).
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.
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.
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. {Editorˇ¦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 oneˇ¦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.
NEW YORK: Illegal New York Consolidated Law (McKinneyˇ¦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 ***
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..."]
OHIO ˇV 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.
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.)
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.
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. |
