Below are laws for pepper spray, stun guns and Tasers. Securitysolutionsstore.com will not be liable for purchases made illegally. We monitor each transaction to see that we are conforming with the law. Please help us maintain our good reputation by not ordering if your live in a restricted area. Thank you for your help and honesty. The below lista may not be totally accurate and complete (laws are constantly changing) . If you have a question, it is wise to check with you local city or state attorneys office. Securitysolutionsstore.com accepts no responsibility for its accuracy or completenes.
Sorry, No International Orders
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State
|
Consumer Use |
Restriction(s) |
| Alabama |
Legal |
n/a |
| Alaska |
Legal |
- Under 18 and On school grounds if under 21 without permission from school prohibited(11.61.210)
- Class C felony if carried when violating a protective order (11.61.200)
|
| Arizona |
Legal |
n/a |
| Arkansas |
Legal |
n/a |
| California |
Legal |
- Cannot possess taser in state or local public
building or public open meeting (171b (a) (5)) or in sterile area of
airport (171.5)
|
| Colorado |
Legal |
- Use of stun gun in commission of criminal offense is a Class 5 felony (18-12-106.5)
|
| Connecticut |
Legal in Home only |
- Carrying of electronic defense weapon unless
peace officer is punishable by fine of less than $500 or less than 3
years in prison or both (53-206);
- Cannot have in vehicle (29-38);
- Criminal use of electronic defense weapon is Class D felony (53a-216);
- Criminal possession of electronic defense weapon is Class D felony (53a-217)
|
| Delaware |
Legal |
n/a |
| District of Columbia |
Prohibited |
- No person/organization may possess unless they hold a valid registration (7-2502.01)
- No manufacturing of destructive device within District and dealer must have license (7-2504.01)
- LE and military permitted use
|
| Florida |
Legal with restrictions |
- Cannot carry electric weapon or device in
concealed manner but can carry for self-defense purposes a nonlethal
remote stun gun (790.01)
- License to carry concealed electric weapon or device (790.06)
- Open carrying of weapons allowed for nonlethal electric weapons that do not fire a dart or projectile (790.053)
- Must be authorized to have on school ground or at school functions (790.115)
- Use by under 16 only with adult supervision; adult subject to penalty (790.22)
|
| Georgia |
Legal |
- Not expressly mentioned in concealed weapons statute (16-11-126)
- Expressly mentioned to be prohibited from being carried in school
safety zones, at school functions, or on school property (16-11-127.1)
|
| Hawaii |
Prohibited |
- Electric guns are not to be possessed, sold, given, or delivered except to law enforcement (134.16)
- Unlawful possession of electric gun is a misdemeanor (134.17)
|
| Idaho |
Legal |
n/a |
| Illinois |
Prohibited - Requires firearm license - Illinois residents may only purchase from local authorized dealer |
- Cannot carry/possess with unlawful intent or concealed unless at home or principal place of business (5/24-1)
- More unlawful use limitations listed punishable at various levels (5/24-1)
- More aggravated unlawful use limitations listed punishable as Class 4 felony (5/24-1.6)
|
| Indiana |
Legal |
- tasers subject to requirement of handgun license (35-47-8-4)
|
| Iowa |
Legal except Prohibited in Denison / Crawford County |
n/a |
| Kansas |
Legal |
- Weapons as to schools includes electronic
devices designed to discharge immobilizing levels of electricity aka
stun gun (72-89a01)
|
| Kentucky |
Legal |
n/a |
| Louisiana |
Legal |
n/a |
| Maine |
Legal |
n/a |
| Maryland |
Legal except Prohibited in Annapolis, Baltimore & Howard County |
n/a |
| Massachusetts |
Prohibited |
- No person shall sell or possess electrical weapons; punishable by fine between $500-1000 or 6mos-2yrs in prison or both
|
| Michigan |
Prohibited |
- Device capable of electro-muscular disruption
must contain identification and tracking system that is traceable to the
purchaser through the manufacturer
- Permitted possession and use by a peace officer, employee of
department of corrections authorized by director, local corrections
officer authorized by county sheriff, probation officer, court officer,
bail agent, license private investigator, or properly trained aircraft
pilot or crew.
|
| Minnesota |
Legal |
- A person may use with reasonable force in defense of person or property
- Device must be labeled with or accompanied by instructions as to its use and dangers
- Devices must be according to local licensing requirement
|
| Mississippi |
Legal |
n/a |
| Missouri |
Legal |
n/a |
| Montana |
Legal |
n/a |
| Nebraska |
Legal |
n/a |
| Nevada |
Legal |
n/a |
| New Hampshire |
Legal |
- Felon possessing shall be guilty of Class B felony (159:21)
- Sales are restricted to persons 18 and over (159:22)
- Use against a LE officer or another person with intent to commit a crime is punishable as a misdemeanor or felony (159:23)
|
| New Jersey |
Prohibited |
- Any person who knowingly has in his possession any stun gun is guilty of a crime of the 4th degree (2C:39-3
|
| New Mexico |
Legal |
n/a |
| New York |
Prohibited |
n/a |
| North Carolina |
Legal |
- Unlawful to carry stun gun in a concealed manner punishable as a Class 2 misdemeanor (14-269)
- § 14-269.2. Weapons on campus or other educational property.
(c) It shall be a Class I felony for any person to cause,
encourage, or aid a minor who is less than 18 years old to possess or
carry, whether openly or concealed, any gun, rifle, pistol, or other
firearm of any kind on educational property. However, this subsection
does not apply to a BB gun, stun gun, air rifle, or air pistol.
(d) It shall be a Class 1 misdemeanor for any person to possess or
carry, whether openly or concealed, any BB gun, stun gun, air rifle,
air pistol, bowie knife, dirk, dagger, slungshot, leaded cane,
switchblade knife, blackjack, metallic knuckles, razors and razor blades
(except solely for personal shaving), firework, or any sharp-pointed or
edged instrument except instructional supplies, unaltered nail files
and clips and tools used solely for preparation of food, instruction,
and maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to cause,
encourage, or aid a minor who is less than 18 years old to possess or
carry, whether openly or concealed, any BB gun, stun gun, air rifle, air
pistol, bowie knife, dirk, dagger, slungshot, leaded cane, switchblade
knife, blackjack, metallic knuckles, razors and razor blades (except
solely for personal shaving), firework, or any sharp-pointed or edged
instrument except instructional supplies, unaltered nail files and clips
and tools used solely for preparation of food, instruction, and
maintenance, on educational property.
- Stun guns allowed to be carried openly by felons (14-415.1)
|
| North Dakota |
Legal |
- Possession in liquor establishment or gaming site prohibited (62.1-02-04)
- Other than LE, cannot carry in concealed manner (62.1-04-02)
- License to carry concealed dangerous weapon (62.1-04-03)
|
| Ohio |
Legal |
n/a |
| Oklahoma |
Legal |
- Use of electronic dart gun while committing felony shall be guilty of separate offense (1287)
- Electric dart gun not listed in Unlawful Carry statute (1272)
|
| Oregon |
Legal |
- Reckless discharge of electrical stun gun against another person is a Class A misdemeanor
- Knowing discharge of electrical stun gun against a LE officer, EMT… is a Class C felony
|
| Pennsylvania |
Legal except Prohibited in Philadelphia |
- Possession or use of electronic incapacitation
device for unlawful purpose constitutes a 2nd degree felony with intent
or 1st degree misdemeanor otherwise (908.1)
- A person may use with reasonable force in defense of person or property (908.1)
- No person prohibited from possessing firearm may possess electronic incapacitation device (908.1)
|
| Rhode Island |
Prohibited |
- No person shall carry or possess or attempt to use against another
- No person shall carry concealed upon his person
- Punishable by fine less than $1,000 or imprisonment for less than 1 year or both and weapon shall be confiscated
|
| South Carolina |
Legal |
n/a |
| South Dakota |
Legal |
- Commission of felony while armed with stun gun is Class 5 felony (22-14-13.1)
|
| Tennessee |
Legal |
- Applicants for private security officer/guard registration who will carry stun gun must obtain certified training (62-35-118)
|
| Texas |
Legal |
n/a |
| Utah |
Legal |
n/a |
| Vermont |
Legal |
n/a |
| Virginia |
Legal |
- Possession or transportation of taser by convicted felon is Class 6 felony (18.2-308.2)
|
| Washington |
Legal |
n/a |
| West Virginia |
Legal |
n/a |
| Wisconsin |
Legal with Restrictions: as of 11/01/2011
|
Under the CCW (Carrying Concealed Weapons) laws, the
prohibition against possessing or going armed with an electric weapon
does not apply to any of the following:
• A CCW licensee or an out-of-state licensee.
• An individual who goes armed with an electric weapon in
his or her own dwelling or place of business or on land that he or she
owns, leases, or legally occupies.
Wis. Stat. § 941.295(2g).
The prohibition against transporting an electric weapon does not apply to any of the following:
• A licensee or an out-of-state licensee.
• An individual who is not a licensee or out-of-state
licensee who transports an electric weapon if the electric weapon is
enclosed within a carrying case.
Wis. Stat. § 941.295(2r).
If you are not specifically allowed to carry an electric
weapon (see above) you are only allowed to carry an electric weapon in
your own dwelling or place of business or on land that you own, lease,
or legally occupy. Wis. Stat. § 941.295(2g). You may also transport the
weapon if it is enclosed within a carrying case. Wis. Stat. §
941.295(2r). The possession or carrying of an electric weapon in any
other situations is a felony. Wis. Stat. § 941.295(1m).
Electric weapons cannot be sold to persons in Wisconsin
who are not law enforcement, armed forces on official duty or persons
without a recognized out-of-state CCW license or a Wisconsin CCW
license. Wis. Stat. § 941.295(2)(d). A violation of this statute is a
felony. Wis. Stat. § 941.295(1m).
SUMMARY: You need a CCW license or recognized out of
state license to legally carry stun guns in Wisconsin. However, you can
have a stun gun in your home or business and even carry it in your
vehicle if it's in a closed case. The catch 22 is that no one can sell
to you if you don't have a CCW license.
|
| Wyoming |
Legal |
n/a |
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State Statutes Regarding Stun Gun and Taser Use (Detail)
AL, AK, AZ, AR,
CA, CO, CT, DE,
DC, FL, GA, HI,
ID, IL, IN, IA,
KS, KY, LA, ME,
MD, MA, MI, MN,
MS, MO, MT, NE,
NV, NH, NJ, NM,
NY, NC, ND, OH,
OK, OR, PA, RI,
SC, SD, TN, TX,
UT, VT, VA, WA,
WV, WI, WY
| State |
Citation |
| Alabama |
Section 13A-1-2 Definitions.
(5) Dangerous Instrument. Any instrument, article, or substance which,
under the circumstances in which it is used, attempted to be used, or
threatened to be used, is highly capable of causing death or serious
physical injury. The term includes a "vehicle," as that term is defined
in subdivision (15).
(7) Deadly Weapon. A firearm or anything manifestly designed, made, or
adapted for the purposes of inflicting death or serious physical injury.
The term includes, but is not limited to, a pistol, rifle, or shotgun;
or a switch-blade knife, gravity knife, stiletto, sword, or dagger; or
any billy, black-jack, bludgeon, or metal knuckles.
(14) Serious Physical Injury. Physical injury which creates a
substantial risk of death, or which causes serious and protracted
disfigurement, protracted impairment of health, or protracted loss or
impairment of the function of any bodily organ.
|
| Alaska |
Sec. 11.81.900. Definitions.
(19) "defensive weapon" means an electric stun gun, or a device to
dispense mace or a similar chemical agent, that is not designed to cause
death or serious physical injury
Sec. 11.61.200. Misconduct involving weapons in the third degree
(a) A person commits the crime of misconduct involving weapons in the third degree if the person
(9) communicates in person with another in violation of AS 11.56.740
[Violating a protective order] and, during the communication, possesses
on the person a defensive weapon or a deadly weapon, other than an
ordinary pocketknife
(i) Misconduct involving weapons in the third degree is a class C felony.
Sec. 11.61.210. Misconduct involving weapons in the fourth degree
(a) A person commits the crime of misconduct involving weapons in the fourth degree if the person
(6) knowingly sells a firearm or a defensive weapon to a person under 18 years of age;
(7) other than a preschool, elementary, junior high, or secondary school
student, knowingly possesses a deadly weapon or a defensive weapon,
without the permission of the chief administrative officer of the school
or district or the designee of the chief administrative officer, within
the buildings of, on the grounds of, or on the school parking lot of a
public or private preschool, elementary, junior high, or secondary
school, on a school bus while being transported to or from school or a
school-sponsored event, or while participating in a school-sponsored
event, except that a person 21 years of age or older may possess
(B) a defensive weapon;
(8) being a preschool, elementary, junior high, or secondary school
student, knowingly possesses a deadly weapon or a defensive weapon,
within the buildings of, on the grounds of, or on the school parking lot
of a public or private preschool, elementary, junior high, or secondary
school, on a school bus while being transported to or from school or a
school-sponsored event, or while participating in a school-sponsored
event, except that a student may possess a deadly weapon, other than a
firearm as defined under 18 U.S.C. 921, or a defensive weapon if the
student has obtained the prior permission of the chief administrative
officer of the school or district or the designee of the chief
administrative officer for the possession.
(d) Misconduct involving weapons in the fourth degree is a class A misdemeanor.
|
| Arizona |
§ 13-105. Definitions
11. "Dangerous instrument" means anything that under the circumstances
in which it is used, attempted to be used or threatened to be used is
readily capable of causing death or serious physical injury.
12. "Deadly physical force" means force which is used with the purpose
of causing death or serious physical injury or in the manner of its use
or intended use is capable of creating a substantial risk of causing
death or serious physical injury.
13. "Deadly weapon" means anything designed for lethal use. The term
includes a firearm.
17. "Firearm" means any loaded or unloaded handgun, pistol, revolver,
rifle, shotgun or other weapon which will or is designed to or may
readily be converted to expel a projectile by the action of expanding
gases, except that it does not include a firearm in permanently
inoperable condition.
34. "Serious physical injury" includes physical injury which creates a
reasonable risk of death, or which causes serious and permanent
disfigurement, serious impairment of health or loss or protracted
impairment of the function of any bodily organ or limb.
|
| Arkansas |
§ 5-1-102. Definitions
(4) "Deadly weapon" means:
(A) A firearm or anything manifestly designed, made, or adapted for the
purpose of inflicting death or serious physical injury; or
(B) Anything that in the manner of its use or intended use is capable of causing death or serious physical injury
(19) "Serious physical injury" means physical injury that creates a
substantial risk of death or that causes protracted disfigurement,
protracted impairment of health, or loss or protracted impairment of the
function of any bodily member or organ
|
| California |
§ 244.5. Assault with stun gun or taser
(a) As used in this section, "stun gun" means any item, except a taser,
used or intended to be used as either an offensive or defensive weapon
that is capable of temporarily immobilizing a person by the infliction
of an electrical charge.
(b) Every person who commits an assault upon the person of another with a
stun gun or taser shall be punished by imprisonment in a county jail
for a term not exceeding one year, or by imprisonment in the state
prison for 16 months, two, or three years.
(c) Every person who commits an assault upon the person of a peace
officer or firefighter with a stun gun or taser, who knows or reasonably
should know that the person is a peace officer or firefighter engaged
in the performance of his or her duties, when the peace officer or
firefighter is engaged in the performance of his or her duties, shall be
punished by imprisonment in the county jail for a term not exceeding
one year, or by imprisonment in the state prison for two, three, or four
years.
(d) This section shall not be construed to preclude or in any way limit
the applicability of Section 245 in any criminal prosecution.
§ 171b. Possessing weapon in state or local public building or public open meeting
(a) Any person who brings or possesses within any state or local public
building or at any meeting required to be open to the public pursuant to
Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of
Title 5 of, or Article 9 (commencing with Section 11120) of Chapter 1 of
Part 1 of Division 3 of Title 2 of, the Government Code, any of the
following is guilty of a public offense punishable by imprisonment in a
county jail for not more than one year, or in the state prison:
(5) Any taser or stun gun, as defined in Section 244.5.
§ 171.5. Possession of specified weapon in sterile area of airport
(b) It is unlawful for any person to knowingly possess within any
sterile area of an airport, any of the items listed in subdivision (c).
(c) The following items are unlawful to possess as provided in subdivision (b):
(10) Any taser or stun gun, as defined in Section 244.5.
(d) Subdivision (b) shall not apply to, or affect, any of the following:
§ 626.10. Possession of other weapons in public or private educational institution; Exceptions
(a) Any person, except a duly appointed peace officer as defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a
full-time paid peace officer of another state or the federal government
who is carrying out official duties while in this state, a person
summoned by any officer to assist in making arrests or preserving the
peace while the person is actually engaged in assisting any officer, or a
member of the military forces of this state or the United States who is
engaged in the performance of his or her duties, who brings or
possesses any dirk, dagger, ice pick, knife having a blade longer than 2
1/2 inches, folding knife with a blade that locks into place, a razor
with an unguarded blade, a taser, or a stun gun, as defined in
subdivision (a) of Section 244.5, any instrument that expels a metallic
projectile such as a BB or a pellet, through the force of air pressure,
CO[2] pressure, or spring action, or any spot marker gun, upon the
grounds of, or within, any public or private school providing
instruction in kindergarten or any of grades 1 to 12, inclusive, is
guilty of a public offense, punishable by imprisonment in a county jail
not exceeding one year, or by imprisonment in the state prison.
§ 12601. "Less lethal weapon"; "Less lethal ammunition"
(a) "Less lethal weapon" means any device that is designed to or that
has been converted to expel or propel less lethal ammunition by any
action, mechanism, or process for the purpose of incapacitating,
immobilizing, or stunning a human being through the infliction of any
less than lethal impairment of physical condition, function, or senses,
including physical pain or discomfort. It is not necessary that a weapon
leave any lasting or permanent incapacitation, discomfort, pain, or
other injury or disability in order to qualify as a less lethal weapon.
(c) "Less lethal ammunition" means any ammunition that (1) is
designed to be used in any less lethal weapon or any other kind of
weapon (including, but not limited to, firearms, pistols, revolvers,
shotguns, rifles, and spring, compressed air, and compressed gas
weapons) and (2) when used in the less lethal weapon or other weapon is
designed to immobilize or incapacitate or stun a human being through the
infliction of any less than lethal impairment of physical condition,
function, or senses, including physical pain or discomfort.
§ 12650. "Stun gun"
"Stun gun" as used in this chapter shall include any item, except a
taser, used or intended to be used as either an offensive or defensive
weapon capable of temporarily immobilizing a person by the infliction of
an electrical charge
|
| Colorado |
18-12-101. Definitions
(i.5) "Stun gun" means a device capable of temporarily immobilizing a person by the infliction of an electrical charge.
18-12-106.5. Use of stun guns
A person commits a class 5 felony if he knowingly and unlawfully uses a stun gun in the commission of a criminal offense.
|
| Connecticut |
§ 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 physical injury
§ 53a-216. Criminal use of firearm or electronic defense weapon: Class D felony.
(a) A person is guilty of criminal use of a firearm or electronic
defense weapon when he commits any class A, B or C or unclassified
felony as defined in section 53a-25 and in the commission of such felony
he uses or threatens the use of a pistol, revolver, machine gun,
shotgun, rifle or other firearm or electronic defense weapon. No person
shall be convicted of criminal use of a firearm or electronic defense
weapon and the underlying felony upon the same transaction but such
person may be charged and prosecuted for both such offenses upon the
same information.
(b) Criminal use of a firearm or electronic defense weapon is a class D
felony for which five years of the sentence imposed may not be suspended
or reduced by the court.
§ 53a-217. Criminal possession of a firearm or electronic defense weapon: Class D felony.
(a) A person is guilty of criminal possession of a firearm or electronic
defense weapon when such person possesses a firearm or electronic
defense weapon and (1) has been convicted of a felony, (2) has been
convicted as delinquent for the commission of a serious juvenile
offense, as defined in section 46b-120, (3) knows that such person is
subject to a restraining or protective order issued by a court, after
notice and an opportunity to be heard has been provided to such person,
in a case involving the use, attempted use or threatened use of physical
force against another person, or (4) knows that such person is subject
to a firearms seizure order issued pursuant to subsection (d) of section
29-38c after notice and an opportunity to be heard has been provided to
such person. For the purposes of this section, "convicted" means having
a judgment of conviction entered by a court of competent jurisdiction.
(b) Criminal possession of a firearm or electronic defense weapon is a
class D felony, for which two years of the sentence imposed may not be
suspended or reduced by the court.
§ 53-206. Carrying of dangerous weapons prohibited.
(a) Any person who carries upon one's person any BB. gun, blackjack,
metal or brass knuckles, or any dirk knife, or any switch knife, or any
knife having an automatic spring release device by which a blade is
released from the handle, having a blade of over one and one-half inches
in length, or stiletto, or any knife the edged portion of the blade of
which is four inches or over in length, any police baton or nightstick,
or any martial arts weapon or electronic defense weapon, as defined in
section 53a-3, or any other dangerous or deadly weapon or instrument,
shall be fined not more than five hundred dollars or imprisoned not more
than three years or both. Whenever any person is found guilty of a
violation of this section, any weapon or other instrument within the
provisions of this section, found upon the body of such person, shall be
forfeited to the municipality wherein such person was apprehended,
notwithstanding any failure of the judgment of conviction to expressly
impose such forfeiture.
(b) The provisions of this section shall not apply to (1) any officer
charged with the preservation of the public peace while engaged in the
pursuit of such officer's official duties; (2) the carrying of a baton
or nightstick by a security guard while engaged in the pursuit of such
guard's official duties; (3) the carrying of a knife, the edged portion
of the blade of which is four inches or over in length, by (A) any
member of the armed forces of the United States, as defined in section
27-103, or any reserve component thereof, or of the armed forces of this
state, as defined in section 27-2, when on duty or going to or from
duty, (B) any member of any military organization when on parade or when
going to or from any place of assembly, (C) any person while
transporting such knife as merchandise or for display at an authorized
gun or knife show, (D) any person who is found with any such knife
concealed upon one's person while lawfully removing such person's
household goods or effects from one place to another, or from one
residence to another, (E) any person while actually and peaceably
engaged in carrying any such knife from such person's place of abode or
business to a place or person where or by whom such knife is to be
repaired, or while actually and peaceably returning to such person's
place of abode or business with such knife after the same has been
repaired, (F) any person holding a valid hunting, fishing or trapping
license issued pursuant to chapter 490 or any salt water fisherman
carrying such knife for lawful hunting, fishing or trapping activities,
or (G) any person while participating in an authorized historic
reenactment; (4) the carrying by any person enrolled in or currently
attending, or an instructor at, a martial arts school of a martial arts
weapon while in a class or at an authorized event or competition or
while transporting such weapon to or from such class, event or
competition; (5) the carrying of a BB. gun by any person taking part in a
supervised event or competition of the Boy Scouts of America or the
Girl Scouts of America or in any other authorized event or competition
while taking part in such event or competition or while transporting
such weapon to or from such event or competition; and
(6) the carrying of a BB. gun by any person upon such person's own
property or the property of another person provided such other person
has authorized the carrying of such weapon on such property, and the
transporting of such weapon to or from such property.
§ 53-206e. Limitation on sale and use of laser pointers.
(a) As used in this section, "laser pointer" means a hand-held device
that emits a laser light beam and is designed to be used by the operator
to indicate, mark or identify a specific position, place, item or
object.
(b) No person shall sell, offer to sell, lease, give or otherwise
provide a laser pointer to a person under eighteen years of age, except
as provided in subsection (d) of this section.
(c) No person under eighteen years of age shall possess a laser pointer
on school grounds or in any public place, except as provided in
subsection (d) of this section.
(d) A person may temporarily transfer a laser pointer to a person under
eighteen years of age for an educational or other lawful purpose
provided the person to whom the laser pointer is temporarily transferred
is under the direct supervision of a parent, legal guardian, teacher,
employer or other responsible adult.
(e) No person shall shine, point or focus a laser pointer, directly or
indirectly, upon or at another person in a manner that can reasonably be
expected to cause harassment, annoyance or fear of injury to such other
person.
(f) Any person who violates any provision of this section shall have committed an infraction.
§ 29-38. Weapons in vehicles.
(a) Any person who knowingly has, in any vehicle owned, operated or
occupied by such person, any weapon, any pistol or revolver for which a
proper permit has not been issued as provided in section 29-28 or any
machine gun which has not been registered as required by section 53-202,
shall be fined not more than one thousand dollars or imprisoned not
more than five years or both, and the presence of any such weapon,
pistol or revolver, or machine gun in any vehicle shall be prima facie
evidence of a violation of this section by the owner, operator and each
occupant thereof. The word "weapon", as used in this section, means any
BB. gun, any blackjack, any metal or brass knuckles, any police baton or
nightstick, any dirk knife or switch knife, any knife having an
automatic spring release device by which a blade is released from the
handle, having a blade of over one and one-half inches in length, any
stiletto, any knife the edged portion of the blade of which is four
inches or over in length, any martial arts weapon or electronic defense
weapon, as defined in section 53a-3, or any other dangerous or deadly
weapon or instrument.
(b) The provisions of this section shall not apply to: (1) Any officer
charged with the preservation of the public peace while engaged in the
pursuit of such officer's official duties; (2) any security guard having
a baton or nightstick in a vehicle while engaged in the pursuit of such
guard's official duties; (3) any person enrolled in and currently
attending a martial arts school, with official verification of such
enrollment and attendance, or any certified martial arts instructor,
having any such martial arts weapon in a vehicle while traveling to or
from such school or to or from an authorized event or competition; (4)
any person having a BB. gun in a vehicle provided such weapon is
unloaded and stored in the trunk of such vehicle or in a locked
container other than the glove compartment or console; and (5) any
person having a knife, the edged portion of the blade of which is four
inches or over in length, in a vehicle if such person is (A) any member
of the armed forces of the United States, as defined in section 27-103,
or any reserve component thereof, or of the armed forces of this state,
as defined in section 27-2, when on duty or going to or from duty, (B)
any member of any military organization when on parade or when going to
or from any place of assembly, (C) any person while transporting such
knife as merchandise or for display at an authorized gun or knife show,
(D) any person while lawfully removing such person's household goods or
effects from one place to another, or from one residence to another, (E)
any person while actually and peaceably engaged in carrying any such
knife from such person's place of abode or business to a place or person
where or by whom such knife is to be repaired, or while actually and
peaceably returning to such person's place of abode or business with
such knife after the same has been repaired, (F) any person holding a
valid hunting, fishing or trapping license issued pursuant to chapter
490 or any salt water fisherman while having such knife in a vehicle for
lawful hunting, fishing or trapping activities, or (G) any person
participating in an authorized historic reenactment.
|
| Delaware |
§ 222. General definitions
(4) "Dangerous instrument" means any instrument, article or substance
which, under the circumstances in which it is used, attempted to be used
or threatened to be used, is readily capable of causing death or
serious physical injury, or any disabling chemical spray, as defined in
subdivision (6) of this section.
(5) "Deadly weapon" includes a firearm, as defined in subdivision (11)
of this section, a bomb, a knife of any sort (other than an ordinary
pocketknife carried in a closed position), switchblade knife, billy,
blackjack, bludgeon, metal knuckles, slingshot, razor, bicycle chain or
ice pick or any dangerous instrument, as defined in subdivision (4) of
this section, which is used, or attempted to be used, to cause death or
serious physical injury. For the purpose of this definition, an ordinary
pocketknife shall be a folding knife having a blade not more than 3
inches in length.
(11) "Firearm" includes any weapon from which a shot, projectile or
other object may be discharged by force of combustion, explosive, gas
and/or mechanical means, whether operable or inoperable, loaded or
unloaded. It does not include a BB gun. |
| District of Columbia |
§ 7-2501.01. Definitions [Formerly § 6-2302]
(7) "Destructive device" means:
(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
§ 7-2502.01. Registration requirements [Formerly § 6-2311]
(a) Except as otherwise provided in this unit, 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 the person or organization holds a
valid registration certificate for the firearm. A registration
certificate may be issued:
(1) To an organization if:
(A) The organization employs at least 1 commissioned special police
officer or employee licensed to carry a firearm whom the organization
arms during the employee's duty hours; and
(B) The registration is issued in the name of the organization and in
the name of the president or chief executive officer of the
organization;
(2) In the discretion of the Chief of Police, to a police officer who has retired from the Metropolitan Police Department; or
(3) In the discretion of the Chief of Police, to the Fire Marshal and
any member of the Fire and Arson Investigation Unit of the Fire
Prevention Bureau of the Fire Department of the District of Columbia,
who is designated in writing by the Fire Chief, for the purpose of
enforcing the arson and fire safety laws of the District of Columbia.
(b) Subsection (a) of this section shall not apply to:
(1) Any law enforcement officer or agent of the District or the United
States, or any law enforcement officer or agent of the government of any
state or subdivision thereof, or any member of the armed forces of the
United States, the National Guard or organized reserves, when such
officer, agent, or member is authorized to possess such a firearm or
device while on duty in the performance of official authorized
functions;
(2) Any person holding a dealer's license; provided, that the firearm or destructive device is:
(A) Acquired by such person in the normal conduct of business;
(B) Kept at the place described in the dealer's license; and
(C) Not kept for such person's private use or protection, or for the protection of his business
§ 7-2504.01. Manufacture of firearms, destructive devices or
ammunition prohibited; requirement for dealer's license [Formerly §
6-2341]
(a) No person or organization shall manufacture any firearm,
destructive device or parts thereof, or ammunition, within the District;
provided, that persons holding registration certificates may engage in
hand loading, reloading, or custom loading ammunition for his registered
firearms; provided further, that such person may not hand load, reload,
or custom load ammunition for others.
(b) No person or organization shall engage in the business of selling,
purchasing, or repairing any firearm, destructive device, parts
therefor, or ammunition, without first obtaining a dealer's license, and
no licensee shall engage in the business of selling, purchasing, or
repairing firearms which are unregisterable under § 7-2502.02,
destructive devices, or parts therefor, except pursuant to a valid work
or purchase order, for those persons specified in § 7-2502.01(b)(1).
§ 7-2505.01. Sales and transfers prohibited [Formerly § 6-2351]
No person or organization shall sell, transfer or otherwise dispose of
any firearm, destructive device or ammunition in the District except as
provided in § 7-2502.10(c), § 7-2505.02, or § 7-2507.05.
|
| Florida |
§ 790.001. Definitions
(14) "Electric weapon or device" means any device which, through the
application or use of electrical current, is designed, redesigned, used,
or intended to be used for offensive or defensive purposes, the
destruction of life, or the infliction of injury
(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.
§ 790.01. Carrying concealed weapons
(1) Except as provided in subsection (4), a person who carries a
concealed weapon or electric weapon or device on or about his or her
person commits a misdemeanor of the first degree, punishable as provided
in s. 775.082 or s. 775.083.
(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.
§ 790.06. License to carry concealed weapon or firearm
(1) The Department of Agriculture and Consumer Services is authorized to
issue licenses to carry concealed weapons or concealed firearms to
persons qualified as provided in this section. Each such license must
bear a color photograph of the licensee. For the purposes of this
section, concealed weapons or concealed firearms are defined as a
handgun, electronic weapon or device, tear gas gun, knife, or billie,
but the term does not include a machine gun as defined in s. 790.001(9).
Such licenses shall be valid throughout the state for a period of 5
years from the date of issuance. Any person in compliance with the terms
of such license may carry a concealed weapon or concealed firearm
notwithstanding the provisions of s. 790.01. The licensee must carry the
license, together with valid identification, at all times in which the
licensee is in actual possession of a concealed weapon or firearm and
must display both the license and proper identification upon demand by a
law enforcement officer. Violations of the provisions of this
subsection shall constitute a noncriminal violation with a penalty of $
25, payable to the clerk of the court.
§ 790.053. Open carrying of weapons
(1) Except as otherwise provided by law and in subsection (2), it is
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.
(3) Any person violating this section commits a misdemeanor of the
second degree, punishable as provided in s. 775.082 or s. 775.083.
§ 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.
|
| Georgia |
§ 16-11-106. Possession of firearm or knife during commission of or attempt to commit certain crimes
(a) For the purposes of this Code section, the term "firearm" shall
include stun guns and tasers. A stun gun or taser is any device that is
powered by electrical charging units such as batteries and emits an
electrical charge in excess of 20,000 volts or is otherwise capable of
incapacitating a person by an electrical charge.
§ 16-11-126. Carrying a concealed weapon
(a) A person commits the offense of carrying a concealed weapon when
such person knowingly has or carries about his or her person, unless in
an open manner and fully exposed to view, any bludgeon, metal knuckles,
firearm, knife designed for the purpose of offense and defense, or any
other dangerous or deadly weapon or instrument of like character outside
of his or her home or place of business, except as permitted under this
Code section.
(b) Upon conviction of the offense of carrying a concealed weapon, a
person shall be punished as follows:
(1) For the first offense, he or she shall be guilty of a misdemeanor; and
(2) For the second offense, and for any subsequent offense, he or she
shall be guilty of a felony and, upon conviction thereof, shall be
imprisoned for not less than two years and not more than five years.
(c) This Code section shall not permit, outside of his or her home,
motor vehicle, or place of business, the concealed carrying of a pistol,
revolver, or concealable firearm by any person unless that person has
on his or her person a valid license issued under Code Section 16-11-129
and the pistol, revolver, or firearm may only be carried in a shoulder
holster, waist belt holster, any other holster, hipgrip, or any other
similar device, in which event the weapon may be concealed by the
person's clothing, or a handbag, purse, attache case, briefcase, or
other closed container. Carrying on the person in a concealed manner
other than as provided in this subsection shall not be permitted and
shall be a violation of this Code section.
(d) This Code section shall not forbid the transportation of any firearm
by a person who is not among those enumerated as ineligible for a
license under Code Section 16-11-129, provided the firearm is enclosed
in a case, unloaded, and separated from its ammunition. This Code
section shall not forbid any person who is not among those enumerated as
ineligible for a license under Code Section 16-11-129 from transporting
a loaded firearm in any private passenger motor vehicle in an open
manner and fully exposed to view or in the glove compartment, console,
or similar compartment of the vehicle; provided, however, that any
person in possession of a valid permit issued pursuant to Code Section
16-11-129 may carry a handgun in any location in a motor vehicle.
§ 16-11-127.1. Carrying weapons within school safety zones, at school functions, or on school property
(a) As used in this Code section, the term:
(2) "Weapon" means and includes any pistol, revolver, or any weapon
designed or intended to propel a missile of any kind, or any dirk, bowie
knife, switchblade knife, ballistic knife, any other knife having a
blade of two or more inches, straight-edge razor, razor blade, spring
stick, metal knucks, blackjack, any bat, club, or other bludgeon-type
weapon, or any flailing instrument consisting of two or more rigid parts
connected in such a manner as to allow them to swing freely, which may
be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting
chain, or any disc, of whatever configuration, having at least two
points or pointed blades which is designed to be thrown or propelled and
which may be known as a throwing star or oriental dart, or any weapon
of like kind, and any stun gun or taser as defined in subsection (a) of
Code Section 16-11-106. This paragraph excludes any of these instruments
used for classroom work authorized by the teacher.
|
| Hawaii |
§ 134-1. Definitions
"Electric gun" means any portable device that is electrically operated
to project a missile or electromotive force. It does not include any
electric livestock prod used in animal husbandry and any automatic
external defibrillator used in emergency medical situations.
§ 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.
(c) This section shall not apply to law enforcement officers of county
police and sheriff departments of this State, or vendors providing
electric guns to those entities; provided that electric guns shall at
all times remain in the custody and control of the county police or
sheriff departments.
(d) The county police and sheriff departments of this State shall
maintain records regarding every electric gun in their custody and
control. Such records shall report every instance of usage of the
electric guns; in particular, records shall be maintained in a similar
manner as for those of discharging of firearms. The county police and
sheriff departments shall annually report to the legislature regarding
these records twenty days before the beginning of each session.
§ 134-17. Penalties
(c) Any person who violates section 134-2, 134-4, 134-10, 134-15, or 134-16(a) shall be guilty of a misdemeanor.
|
| Idaho |
§ 18-3301. Deadly weapon -- Possession with intent to assault
Every person having upon him any deadly weapon with intent to assault another is guilty of a misdemeanor.
§ 18-3302D. Possessing weapons or firearms on school property
(1) (a) It shall be unlawful and is a misdemeanor for any person to
possess a firearm or other deadly or dangerous weapon while on the
property of a school or in those portions of any building, stadium or
other structure on school grounds which, at the time of the violation,
were being used for an activity sponsored by or through a school in this
state or while riding school provided transportation.
(b) The provisions of this section regarding the possession of a firearm
or other deadly or dangerous weapon on school property shall also apply
to students of schools while attending or participating in any school
sponsored activity, program or event regardless of location.
(2) Definitions. As used in this section:
(a) "Deadly or dangerous weapon" means any weapon as defined in 18
U.S.C. section 930;
[§ 930. Possession of firearms and dangerous weapons in Federal
facilities; (2) The term "dangerous weapon" means a weapon, device,
instrument, material, or substance, animate or inanimate, that is used
for, or is readily capable of, causing death or serious bodily injury,
except that such term does not include a pocket knife with a blade of
less than 2 1/2 inches in length.]
|
| Illinois |
§ 720 ILCS 5/24-1. Unlawful Use of Weapons
(a) A person commits the offense of unlawful use of weapons when he knowingly:
(2) Carries or possesses with intent to use the same unlawfully against
another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken
bottle or other piece of glass, stun gun or taser or any other
dangerous or deadly weapon or instrument of like character; or
(4) Carries or possesses in any vehicle or concealed on or about his
person except when on his land or in his own abode or fixed place of
business any pistol, revolver, stun gun or taser or other firearm,
except that this subsection (a)(4) does not apply to or affect
transportation of weapons that meet one of the following conditions:
(i) are broken down in a non-functioning state; or (ii) are not
immediately accessible; or (iii) are unloaded and enclosed in a case,
firearm carrying box, shipping box, or other container by a person who
has been issued a currently valid Firearm Owner's Identification Card;
or
(8) Carries or possesses any 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.
(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 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, or except when on his land or in his own abode or
fixed place of business, any pistol, revolver, stun gun or taser or
other firearm, except that this subsection (a)(10) does not apply to or
affect transportation of weapons that meet one of the following
conditions:
(i) are broken down in a non-functioning state; or (ii) are not
immediately accessible; or (iii) are unloaded and enclosed in a case,
firearm carrying box, shipping box, or other container by a person who
has been issued a currently valid Firearm Owner's Identification Card.
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 the 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 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)(1)
through (5), subsection 24-1(a)(10), or subsection 24-1(a)(11) commits a
Class A misdemeanor. A person convicted of a violation of subsection
24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a person convicted of
a violation of subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii) commits
a Class 3 felony. A person convicted of a violation of subsection
24-1(a)(7)(i) commits a Class 2 felony, unless the weapon is possessed
in the passenger compartment of a motor vehicle as defined in Section
1-146 of the Illinois Vehicle Code, or on the person, while the weapon
is loaded, in which case it shall be a Class X felony. A person
convicted of a second or subsequent violation of subsection 24-1(a)(4),
24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3 felony.
(c) Violations in specific places.
(1.5) A person who violates subsection [24-1(a)(4)] in any school…, in
residential property owned, operated, or managed by a public housing
agency…, in a public park, in a courthouse, on the real property
comprising any school…, , on the real property comprising any public
park, on the real property comprising any courthouse, in any conveyance
owned, leased, or contracted by a school to transport students to or
from school or a school related activity, or on any public way within
1,000 feet of the real property comprising any school, public park,
courthouse, or residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency as part of a
scattered site or mixed-income development commits a Class 3 felony.
(2) A person who violates subsection [24-1(a)(2)] in any school…, in
residential property owned, operated, or managed by a public housing
agency…, in a public park, in a courthouse, on the real property
comprising any school…, , on the real property comprising any public
park, on the real property comprising any courthouse, in any conveyance
owned, leased, or contracted by a school to transport students to or
from school or a school related activity, or on any public way within
1,000 feet of the real property comprising any school, public park,
courthouse, or residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency as part of a
scattered site or mixed-income development commits a Class 4 felony.
(3) Paragraphs (1), (1.5), and (2) of this subsection (c) shall not
apply to law enforcement officers or security officers of such school,
college, or university or to students carrying or possessing firearms
for use in training courses, parades, hunting, target shooting on school
ranges, or otherwise with the consent of school authorities and which
firearms are transported unloaded enclosed in a suitable case, box, or
transportation package.
§ 720 ILCS 5/24-1.6. Aggravated unlawful use of a weapon
(a) A person commits the offense of aggravated unlawful use of a weapon when he or she knowingly:
(1) Carries on or about his or her person or in any vehicle or concealed
on or about his or her person except when on his or her land or in his
or her abode or fixed place of business any pistol, revolver, stun gun
or taser or other firearm; or
(2) Carries or possesses on or about his or her 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, or except when on his or her own land or in his or
her own abode or fixed place of business, any pistol, revolver, stun gun
or taser or other firearm; and (3) One of the following factors is
present:
(A) the firearm possessed was uncased, loaded and immediately accessible at the time of the offense; or
(B) the firearm possessed was uncased, unloaded and the ammunition for
the weapon was immediately accessible at the time of the offense; or
(C) the person possessing the firearm has not been issued a currently valid Firearm Owner's Identification Card; or
(D) the person possessing the weapon was previously adjudicated a
delinquent minor under the Juvenile Court Act of 1987 for an act that if
committed by an adult would be a felony; or
(E) the person possessing the weapon was engaged in a misdemeanor
violation of the Cannabis Control Act or in a misdemeanor violation of
the Illinois Controlled Substances Act; or
(F) the person possessing the weapon is a member of a street gang or is
engaged in street gang related activity, as defined in Section 10 of the
Illinois Streetgang Terrorism Omnibus Prevention Act; or
(G) the person possessing the weapon had a order of protection issued against him or her within the previous 2 years; or
(H) the person possessing the weapon was engaged in the commission or
attempted commission of a misdemeanor involving the use or threat of
violence against the person or property of another; or
(I) the person possessing the weapon was under 21 years of age and in
possession of a handgun as defined in Section 24-3, unless the person
under 21 is engaged in lawful activities under the Wildlife Code or
described in subsection 24-2(b)(1), (b)(3), or 24-2(f).
(b) "Stun gun or taser" as used in this Section has the same definition given to it in Section 24-1 of this Code.
(c) This Section does not apply to or affect the transportation or possession of weapons that:
(i) are broken down in a non-functioning state; or (ii) are not
immediately accessible; or (iii) are unloaded and enclosed in a case,
firearm carrying box, shipping box, or other container by a person who
has been issued a currently valid Firearm Owner's Identification Card.
(d) Sentence. Aggravated unlawful use of a weapon is a Class 4 felony; a
second or subsequent offense is a Class 2 felony. Aggravated unlawful
use of a weapon by a person who has been previously convicted of a
felony in this State or another jurisdiction is a Class 2 felony.
720 ILCS 5/24-2. Exemptions
(a) Subsections [24-1(a)(4)] and Section 24-1.6 do not apply to or affect any of the following:
(1) Peace officers, and any person summoned by a peace officer to assist
in making arrests or preserving the peace, while actually engaged in
assisting such officer.
(2) Wardens, superintendents and keepers of prisons, penitentiaries,
jails and other institutions for the detention of persons accused or
convicted of an offense, while in the performance of their official
duty, or while commuting between their homes and places of employment.
(3) Members of the Armed Services or Reserve Forces of the United States
or the Illinois National Guard or the Reserve Officers Training Corps,
while in the performance of their official duty.
…
|
| Indiana |
§ 35-41-1-8. Deadly weapon
"Deadly weapon" means the following:
(2) A destructive device, weapon, device, taser (as defined in IC
35-47-8-3) or electronic stun weapon (as defined in IC 35-47-8-1),
equipment, chemical substance, or other material that in the manner it
is used, or could ordinarily be used, or is intended to be used, is
readily capable of causing serious bodily injury.
§ 35-47-8-1. "Electronic stun weapon" defined
§ 35-47-8-2. "Stun gun" defined
§ 35-47-8-3. "Taser" defined
As used in this chapter, "taser" means any mechanism that is:
(1) Designed to emit an electronic, magnetic, or other type of charge or shock through the use of a projectile; and
(2) Used for the purpose of temporarily incapacitating a person.
§ 35-47-8-4. Applicability of IC 35-47-2
IC 35-47-2 applies to an electronic stun weapon or taser. [not stun gun see 35-47-8-5]
[§ 35-47-2-1. License required to carry handgun
(a) Except as provided in subsection (b) and section 2 [IC 35-47-2-2] of
this chapter, a person shall not carry a handgun in any vehicle or on
or about the person's body, except in the person's dwelling, on the
person's property or fixed place of business, without a license issued
under this chapter being in the person's possession.
(b) Unless the person's right to possess a firearm has been restored
under IC 3-7-13-5 or IC 33-4-5-7, a person who has been convicted of
domestic battery under IC 35-42-2-1.3 may not possess or carry a handgun
in any vehicle or on or about the person's body in the person's
dwelling or on the person's property or fixed place of business.]
§ 35-47-8-5. Purchase, possession, sale or use of stun gun (not TASER)
|
| Iowa |
702.7 Dangerous weapon.
A "dangerous weapon" is any instrument or device designed primarily for
use in inflicting death or injury upon a human being or animal, and
which is capable of inflicting death upon a human being when used in the
manner for which it was designed. Additionally, any instrument or
device of any sort whatsoever which is actually used in such a manner as
to indicate that the defendant intends to inflict death or serious
injury upon the other, and which, when so used, is capable of inflicting
death upon a human being, is a dangerous weapon. Dangerous weapons
include, but are not limited to, any offensive weapon, pistol, revolver,
or other firearm, dagger, razor, stiletto, switchblade knife, or knife
having a blade exceeding five inches in length.
724.1 Offensive weapons.
|
|
|
| Kansas |
21-4201. Criminal use of weapons.
(a) Criminal use of weapons is knowingly:
(1) Selling, manufacturing, purchasing, possessing or carrying any
bludgeon, sandclub, metal knuckles or throwing star, or any knife,
commonly referred to as a switch-blade, which has a blade that opens
automatically by hand pressure applied to a button, spring or other
device in the handle of the knife, or any knife having a blade that
opens or falls or is ejected into position by the force of gravity or by
an outward, downward or centrifugal thrust or movement;
(2) carrying concealed on one's person, or possessing with intent to
use the same unlawfully against another, a dagger, dirk, billy,
blackjack, slungshot, dangerous knife, straight-edged razor, stiletto or
any other dangerous or deadly weapon or instrument of like character,
except that an ordinary pocket knife with no blade more than four inches
in length shall not be construed to be a dangerous knife, or a
dangerous or deadly weapon or instrument;
…
Chapter 72. Schools. Article 89A. Weapon-Free Schools 72-89a01. Definitions
(h) "Weapon" means (9) any electronic device designed to discharge
immobilizing levels of electricity, commonly known as a stun gun.
|
| Kentucky |
§ 500.080. Definitions for Kentucky Penal Code
(3) "Dangerous instrument" means any instrument, including parts of the
human body when a serious physical injury is a direct result of the use
of that part of the human body, article, or substance which, under the
circumstances in which it is used, attempted to be used, or threatened
to be used, is readily capable of causing death or serious physical
injury;
(4) "Deadly weapon" means any of the following:
(a) A weapon of mass destruction;
(b) Any weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged;
(c) Any knife other than an ordinary pocket knife or hunting knife;
(d) Billy, nightstick, or club;
(e) Blackjack or slapjack;
(f) Nunchaku karate sticks;
(g) Shuriken or death star; or
(h) Artificial knuckles made from metal, plastic, or other similar hard material
|
| Louisiana |
Title 14 § 2 Definitions
(3) "Dangerous weapon" includes any gas, liquid or other substance or
instrumentality, which, in the manner used, is calculated or likely to
produce death or great bodily harm.
|
| Maine |
17-A M.R.S. § 2 Definitions
9. Dangerous Weapon.
A. "Use of a dangerous weapon" means the use of a firearm or other
weapon, device, instrument, material or substance, whether animate or
inanimate, which, in the manner it is used or threatened to be used is
capable of producing death or serious bodily injury.
B. "Armed with a dangerous weapon" means in actual possession, regardless of whether the possession is visible or concealed, of:
1) A firearm;
2) Any device designed as a weapon and capable of producing death or serious bodily injury; or
3) Any other device, instrument, material or substance, whether animate
or inanimate, which, in the manner it is intended to be used by the
actor, is capable of producing or threatening death serious bodily
injury. For purposes of this definition, the intent may be conditional.
C. When used in any other context, "dangerous weapon" means a firearm
any device designed as a weapon and capable of producing death or
serious bodily injury.
|
| Maryland |
§ 4-101. Dangerous weapons
(a) Definitions. --
(1) In this section the following words have the meanings indicated.
(2) "Nunchaku" means a device constructed of two pieces of any
substance, including wood, metal, or plastic, connected by any chain,
rope, leather, or other flexible material not exceeding 24 inches in
length.
(3) (i) "Pepper mace" means an aerosol propelled combination of highly disabling irritant pepper-based products.
(ii) "Pepper mace" is also known as oleoresin capsicum (o.c.) spray.
(4) "Star knife" means a device used as a throwing weapon, consisting of
several sharp or pointed blades arrayed as radially disposed arms about
a central disk.
(5) (i) "Weapon" includes a dirk knife, bowie knife, switchblade knife,
star knife, sandclub, metal knuckles, razor, and nunchaku.
(ii) "Weapon" does not include:
1. a handgun; or
2. a penknife without a switchblade.
|
| Massachusetts |
Ch. 140, § 131J. Sale or Possession of Electrical Weapons; Penalty.
No person shall sell, offer for sale or possess a portable device or
weapon from which an electrical current, impulse, wave or beam may be
directed, which current, impulse, wave or beam is designed to
incapacitate temporarily, injure or kill. Whoever violates the
provisions 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 |
§ 750.224a. Portable device or weapon directing
electrical current, impulse, wave, or beam; sale or possession
prohibited; exceptions; violation; penalty; definition.
(1) Except as otherwise provided in this section, a person shall not
sell, offer for sale, or possess in this state a portable device or
weapon from which an electrical current, impulse, wave, or beam may be
directed, which current, impulse, wave, or beam is designed to
incapacitate temporarily, injure, or kill.
(2) This section does not prohibit any of the following:
(a) The possession and reasonable use of a device that uses
electro-muscular disruption technology by a peace officer, an employee
of the department of corrections authorized in writing by the director
of the department of corrections, probation officer, court officer, bail
agent authorized under section 167b, licensed private investigator,
aircraft pilot, or aircraft crew member, who has been trained in the
use, effects, and risks of the device, while performing his or her
official duties.
(b) Possession solely for the purpose of delivering a device described
in subsection (1) to any governmental agency or to a laboratory for
testing, with the prior written approval of the governmental agency or
law enforcement agency and under conditions determined to be appropriate
by that agency.
(3) A manufacturer, authorized importer, or authorized dealer may
demonstrate, offer for sale, hold for sale, sell, give, lend, or deliver
a device that uses electro-muscular disruption technology to a person
authorized to possess a device that uses electro-muscular disruption
technology and may possess a device that uses electro-muscular
disruption technology for any of those purposes.
(4) A person who violates this section is guilty of a felony punishable
by imprisonment for not more than 4 years or a fine of not more than
$2,000.00, or both.
(5) As used in this section, "a device that uses electro-muscular
disruption technology" means a device to which all of the following
apply:
(a) The device is capable of creating an electro-muscular disruption and
is used or intended to be used as a defensive device capable of
temporarily incapacitating or immobilizing a person by the direction or
emission of conducted energy.
(b) The device contains an identification and tracking system that, when
the device is initially used, dispenses coded material traceable to the
purchaser through records kept by the manufacturer.
(c) The manufacturer of the device has a policy of providing the
identification and tracking information described in subdivision (b) to a
police agency upon written request by that agency.
|
| Minnesota |
624.731 Tear gas and tear gas compounds ; electronic incapacitation devices.
Subd. 1. Definitions. For the purposes of this section:
(b) "electronic incapacitation device" means a portable device which is
designed or intended by the manufacturer to be used, offensively or
defensively, to temporarily immobilize or incapacitate persons by means
of electric pulse or current, including devices operating by means of
carbon dioxide propellant.
Subd. 2. Authorized possession; use.
(b) A person may possess and use an electronic incapacitation device in
the exercise of reasonable force in defense of the person or the
person's property only if the electronic incapacitation device is
labeled with or accompanied by clearly written instructions as to its
use and the dangers involved in its use.
Subd. 3. Prohibited possession; use.
(b) No person prohibited from possessing a pistol pursuant to section
624.713, subdivision 1, clause (b), may possess or use … an electronic
incapacitation device.
(c) No person prohibited from possessing a pistol pursuant to section
624.713, subdivision 1, clauses (c) to (e), may possess or use … an
electronic incapacitation device, except that the certificate or other
proof required for possession of a handgun shall not apply.
Subd. 4. Prohibited use.
(a) No person shall knowingly, or with reason to know, use … an
electronic incapacitation device on or against a peace officer who is in
the performance of duties.
(b) No person shall use … an electronic incapacitation device except as authorized in subdivision 2 or 6.
(c) … an electronic incapacitation device shall legally constitute a weapon when it is used in the commission of a crime.
Subd. 5. Prohibited sale.
… No person shall knowingly furnish or sell an … an electronic
incapacitation device to a person prohibited from possessing it by
subdivision 3. No person shall knowingly furnish or sell … an
electronic incapacitation device which fails to meet the requirements of
subdivision 2. No … electronic incapacitation device shall be sold or
furnished on premises where 3.2 percent malt liquor as defined in
section 340A.101, subdivision 19, is sold on an on-sale basis or where
intoxicating liquor as defined in section 340A.101, subdivision 13, is
sold on an on-sale or off-sale basis. No person shall sell … electronic
incapacitation device in violation of local licensing requirements.
Subd. 6. Exceptions. Nothing in this section shall prohibit the
possession or use of by, or the sale or furnishing of … electronic
incapacitation device to, a law enforcement agency, peace officer, the
National Guard or reserves, or a member of the National Guard or
reserves for use in their official duties, except that counties and
municipalities may impose licensing requirements on sellers pursuant to
subdivision 9.
Subd. 8. Penalties.
(a) The following violations of this section shall be considered a felony:
(1) The possession or use of … an electronic incapacitation device by a person specified in subdivision 3, paragraph (b).
(2) Knowingly selling or furnishing of … an electronic incapacitation
device to a person specified in subdivision 3, paragraph (b).
(3) The use of an electronic incapacitation device as prohibited in subdivision 4, paragraph (a).
(b) The following violations of this section shall be considered a gross misdemeanor:
(2) the use of an electronic incapacitation device except as allowed by subdivision 2 or 6.
(c) The following violations of this section shall be considered a misdemeanor:
(1) The possession or use of … an electronic incapacitation device which
fails to meet the requirements of subdivision 2 by any person except as
allowed by subdivision 6.
(2) The possession or use of … an electronic incapacitation device by a person specified in subdivision 3, paragraph (a) or (c).
(4) Knowingly selling or furnishing an … an electronic incapacitation
device to a person specified in subdivision 3, paragraph (a) or (c).
(5) Selling or furnishing of tear gas or a tear gas compound other than
an authorized tear gas compound to any person except as allowed by
subdivision 6.
(6) Selling or furnishing of … an electronic incapacitation device on
premises where intoxicating liquor is sold on an on-sale or off-sale
basis or where 3.2 percent malt liquor is sold on an on-sale basis.
(7) Selling an … electronic incapacitation device in violation of local licensing requirements.
Subd. 9. Local licensing.
(a) For purposes of this section, "municipality" means statutory or home rule charter city or town.
(b) There is hereby conferred upon the governing body of each county,
statutory or home rule charter city and town in the state the authority
to license the business of vendors of … electronic incapacitation
devices within their respective jurisdictions, to impose a license fee
therefor, to impose qualifications for obtaining a license, the duration
of licenses and to restrict the number of licenses the governing body
will issue.
(c) Every person desiring a license from a local governing body shall
file with the clerk of the municipality or the county board in the case
of application to a county, a verified written application in the form
to be prescribed by the local governing body.
(d) The local governing body may establish the grounds, notice and
hearing procedures for revocation of licenses issued pursuant to this
section. The local governing body may also establish penalties for sale
of … electronic incapacitation devices in violation of its licensing
requirements.
Subd. 10. Local regulation. This section shall be the exclusive
regulation of the possession, use, and furnishing of … electronic
incapacitation devices in Minnesota. This section shall supersede and
preempt all regulation of the possession, use, and furnishing of …
electronic incapacitation devices by political subdivisions.
|
| Mississippi |
§ 97-37-1. Deadly weapons; carrying while concealed; use or attempt to use; penalties
(1) Except as otherwise provided in Section 45-9-101 r who is certified
to instruct/train in the legal use of such specific device and shall
exhibit such card upon demand by the commissioner or the commissioner's
duly authorized agent or any full-time law enforcement officer.
§ 62-35-125. Carrying of weapons by guards or officers
An armed security officer/guard may carry only such types of firearms as
the commissioner shall, by rules and regulations, prescribe in the
performance of such person's duties. A security officer/guard may carry a
firearm only if certified to carry such firearm. With proper
certification, an unarmed or armed security officer/guard may carry any
other type weapon to include, but not be limited to, clubs/batons, stun
guns, the chemical spray known as "mace," or any other tool or weapon
that the commissioner may prescribe.
|
| Texas |
§ 46.01. Definitions [includes definitions of 9 weapons listed in §46.05]
§ 46.02. Unlawful Carrying Weapons
(a) A person commits an offense if he intentionally, knowingly, or
recklessly carries on or about his person a handgun, illegal knife, or
club.
§ 46.05. Prohibited Weapons
(a) A person commits an offense if he intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
(1) an explosive weapon;(2) a machine gun; (3) a short-barrel firearm;
(4) a firearm silencer; (5) a switchblade knife; (6) knuckles; (7)
armor-piercing ammunition; (8) a chemical dispensing device; or (9) a
zip gun.
|
| Utah |
§ 76-10-501. Definitions
(5) (a) "Dangerous weapon" means any item that in the manner of its use
or intended use is capable of causing death or serious bodily injury.
The following factors shall be used in determining whether a knife, or
any other item, object, or thing not commonly known as a dangerous
weapon is a dangerous weapon:
(i) the character of the instrument, object, or thing;
(ii) the character of the wound produced, if any;
(iii) the manner in which the instrument, object, or thing was used; and
(iv) the other lawful purposes for which the instrument, object, or thing may be used.
§ 76-10-2501. Unlawful use of a laser pointer -- Definitions -- Penalties
(1) As used in this section:
(a) "Laser light" means light that is amplified by stimulated emission of radiation.
(b) "Laser pointer" means any portable device that emits a visible beam of laser light that may be directed at a person.
(c) "Law enforcement officer" means an officer under Section 53-13-103.
(2) A person is guilty of unlawful use of a laser pointer if the person directs a beam of laser light from a laser pointer at:
(a) a moving motor vehicle or its occupants; or
(b) one whom the person knows or has reason to know is a law enforcement officer.
(3) It is an affirmative defense to a charge under Subsection (2)(b) that:
(a) the law enforcement officer was:
(i) not in uniform;
(ii) not traveling in a vehicle identified as a law enforcement vehicle; and
(iii) not otherwise engaged in an activity that would give the person reason to know him to be a law enforcement officer; and
(b) the law enforcement officer was not otherwise known by the person to be a law enforcement officer.
(4) Violation of Subsection (2)(a) is an infraction. Violation of Subsection (2)(b) is a class C misdemeanor.
(5) If the violation of this section constitutes an offense subject to a
greater penalty under another provision of Title 76, Utah Criminal
Code, than is provided under this section, this section does not
prohibit the prosecution and sentencing for the offense subject to a
greater penalty.
|
| Vermont |
§ 4003. Carrying dangerous weapons
A person who carries a dangerous or deadly weapon, openly or concealed,
with the intent or avowed purpose of injuring a fellow man, or who
carries a dangerous or deadly weapon within any state institution or
upon the grounds or lands owned or leased for the use of such
institution, without the approval of the warden or superintendent of the
institution, shall be imprisoned not more than two years or fined not
more than $ 200.00, or both.
§ 4016. Weapons in court [Definitions]
(2) "Dangerous or deadly weapon" means any firearm, or other weapon,
device, instrument, material or substance, whether animate or inanimate,
which in the manner it is used or is intended to be used is known to be
capable of producing death or serious bodily injury.
|
| Virginia |
§ 18.2-308.1. Possession of firearm, stun weapon, or other weapon on school property prohibited
A. If any person possesses any (i) stun weapon or taser as defined in
this section, (ii) knife, except a pocket knife having a folding metal
blade of less than three inches, or (iii) weapon, including a weapon of
like kind, designated in subsection A of § 18.2-308, other than a
firearm, upon (a) the property of any public, private or parochial
elementary, middle or high school, including buildings and grounds, (b)
that portion of any property open to the public used for school
sponsored functions or extracurricular activities while such functions
or activities are taking place, or (c) any school bus owned or operated
by any such school, he shall be guilty of a Class 1 misdemeanor.
… The provisions of this section shall not apply to (i) persons who
possess such weapon or weapons as a part of the school's curriculum or
activities, (ii) a person possessing a knife customarily used for food
preparation or service and using it for such purpose, (iii) persons who
possess such weapon or weapons as a part of any program sponsored or
facilitated by either the school or any organization authorized by the
school to conduct its programs either on or off the school premises,
(iv) any law-enforcement officer while engaged in his duties as such,
(v) any person who possesses a knife or blade which he uses customarily
in his trade…
As used in this section:
"Stun weapon" means any mechanism that is (i) designed to emit an
electronic, magnetic, or other type of charge that exceeds the
equivalency of a five milliamp 60 hertz shock and (ii) used for the
purpose of temporarily incapacitating a person; and
"Taser" means any mechanism that is (i) designed to emit an electronic,
magnetic, or other type of charge or shock through the use of a
projectile and (ii) used for the purpose of temporarily incapacitating a
person.
§ 18.2-308.2. Possession or transportation of firearms, stun
weapons, tasers or concealed weapons by convicted felons; penalties…
A. It shall be unlawful for (i) any person who has been convicted of a
felony or (ii) any person under the age of 29 who was found guilty as a
juvenile 14 years of age or older at the time of the offense of a
delinquent act which would be a felony if committed by an adult, whether
such conviction or adjudication occurred under the laws of this
Commonwealth, or any other state, the District of Columbia, the United
States or any territory thereof, to knowingly and intentionally possess
or transport any firearm or stun weapon or taser as defined by §
18.2-308.1 or to knowingly and intentionally carry about his person,
hidden from common observation, any weapon described in subsection A of §
18.2-308. However, such person may possess in his residence or the
curtilage thereof a stun weapon or taser as defined by § 18.2-308.1. Any
person who violates this section shall be guilty of a Class 6 felony.
However, any person who violates this section by knowingly and
intentionally possessing or transporting any firearm and who was
previously convicted of a violent felony as defined in § 17.1-805 shall
not be eligible for probation, and shall be sentenced to a minimum,
mandatory term of imprisonment of five years. Any person who violates
this section by knowingly and intentionally possessing or transporting
any firearm and who was previously convicted of any other felony shall
not be eligible for probation, and shall be sentenced to a minimum,
mandatory term of imprisonment of two years. The minimum, mandatory
terms of imprisonment prescribed for violations of this section shall
not be suspended in whole or in part and shall be served consecutively
with any other sentence. Any firearm, stun weapon or taser as defined by
§ 18.2-308.1, or any concealed weapon possessed, transported or carried
in violation of this section shall be forfeited to the Commonwealth and
disposed of as provided in § 18.2-310.
C. Any person prohibited from possessing, transporting or carrying a
firearm, stun weapon or taser under subsection A, may petition the
circuit court of the jurisdiction in which he resides for a permit to
possess or carry a firearm, stun weapon or taser…
|
| Washington |
§ 9.41.250 Dangerous weapons -- Penalty.
Every person who:
(1) Manufactures, sells, or disposes of or possesses any instrument or
weapon of the kind usually known as slung shot, sand club, or metal
knuckles, or spring blade knife, or any knife the blade of which is
automatically released by a spring mechanism or other mechanical device,
or any knife having a blade which opens, or falls, or is ejected into
position by the force of gravity, or by an outward, downward, or
centrifugal thrust or movement;
(2) Furtively carries with intent to conceal any dagger, dirk, pistol, or other dangerous weapon; or
(3) Uses any contrivance or device for suppressing the noise of any
firearm, is guilty of a gross misdemeanor punishable under chapter 9A.20
RCW.
§ 9.41.270 Weapons apparently capable of producing bodily harm -- Unlawful carrying or handling -- Penalty -- Exceptions.
(1) It shall be unlawful for any person to carry, exhibit, display, or
draw any firearm, dagger, sword, knife or other cutting or stabbing
instrument, club, or any other weapon apparently capable of producing
bodily harm, in a manner, under circumstances, and at a time and place
that either manifests an intent to intimidate another or that warrants
alarm for the safety of other persons.
(2) Any person violating the provisions of subsection (1) above shall be
guilty of a gross misdemeanor. If any person is convicted of a
violation of subsection (1) of this section, the person shall lose his
or her concealed pistol license, if any. The court shall send notice of
the revocation to the department of licensing, and the city, town, or
county which issued the license.
|
| West Virginia |
§61-7-2. Definitions.
(9) "Deadly weapon" means an instrument which is designed to be used to
produce serious bodily injury or death or is readily adaptable to such
use. The term "deadly weapon" shall include, but not be limited to, the
instruments defined in subdivisions (1) through (8), inclusive, of this
section or other deadly weapons of like kind or character which may be
easily concealed on or about the person. For the purposes of section
one-a, article five, chapter eighteen-a of this code and section
eleven-a, article seven of this chapter, in addition to the definition
of "knife" set forth in subdivision (3) of this section, the term
"deadly weapon" also includes any instrument included within the
definition of "knife" with a blade of three and one-half inches or less
in length. Additionally, for the purposes of section one-a, article
five, chapter eighteen-a of this code and section eleven-a, article
seven of this chapter, the term "deadly weapon" includes explosive,
chemical, biological and radiological materials. Notwithstanding any
other provision of this section, the term "deadly weapon" does not
include any item or material owned by the school or county board,
intended for curricular use, and used by the student at the time of the
alleged offense solely for curricular purposes.
|
| Wisconsin |
§ 941.295 Possession of electric weapon.
(1) Whoever sells, transports, manufactures, possesses or goes armed with any electric weapon is guilty of a Class H felony.
(2) Subsection (1) does not apply to:
(a) Any peace officer.
(b) Any armed forces or national guard personnel while on official duty.
(c) Any corrections personnel in the department of corrections while on official duty.
(d) Any manufacturer or seller whose electric weapons are used in this state solely by persons specified in pars. (a) to (c).
(e) Any common carrier transporting electric weapons.
(3) During the first 30 days after May 7, 1982, the electric weapons may
be surrendered to any peace officer. Peace officers shall forward
electric weapons to the crime laboratories if the retention of those
weapons is not necessary for criminal prosecution purposes.
(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 of
electric current.
|
| Wyoming |
6 1 104. Definitions
(a) As used in W.S. 6 1 101 through 6 10 203 unless otherwise defined:
iv) "Deadly weapon" means but is not limited to a firearm, explosive or
incendiary material, motorized vehicle, an animal or other device,
instrument, material or substance, which in the manner it is used or is
intended to be used is reasonably capable of producing death or serious
bodily injury
|
Liability Disclaimer
Absolutely no sales to minors under 18 years of age or any person who
falls in one of the following categories: convicted of a crime
punishable by imprisonment for any terms; fugitive from Justice
(requires interstate flight to avoid prosecution or testimony in a
criminal case); drug users or addicts (may be shown by recent conviction
for use, recent possession of drugs, or recent arrest for use of drugs,
or positive drug tests); aliens illegally or unlawfully within the US
or those lawfully admitted in non-immigrant status (i.e. aliens without
permanent residence status); mental defectives or persons committed to a
mental institution; formally renounced US citizenship; dishonorably
discharged from the military; subject to a court order prohibiting
harassing, stalking, or threatening of an intimate partner or child of
an intimate partner or placing such persons in reasonable fear of bodily
injury; and convicted of a misdemeanor crime of domestic violence. It
is the responsibility of the buyer and not the seller (BestStunGun.com
and Lau International, LLC) to ascertain and obey all applicable
federal, state and local laws in regard to the possession and use of all
products on this site. By placing an order the buyer represents that
he/she is of legal age, he/she does not fall in one of the above
categories and that the products will be used in a legal manner. Neither
BestStunGun.com nor Lau International, LLC can assume any liability for
the use of these products and recommend the buyer become familiar with
the laws in their city, state, province, that regulates the use and
possession of these products. Consult your local and state authority
before ordering if you are in doubt.
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