Stun Guns in California

Posted by on May 26, 2015 in Blog, criminal defense, Featured

Taser

I recently had a client ask me whether or not it was illegal for his girlfriend to carry a stun gun for protection.  Here are some thoughts.

A stun gun, popularly know as a Taser, the main manufacturer of stun guns, is a device that is used or intended to be used as either an offensive of defensive weapon, which is capable of temporarily immobilizing a person by inflicting an electrical charge.

In California, most people may purchase, posses, or use a stun gun, and they do not have to obtain a permit.  However, you may not purchase, possess, or use a stun gun if you are: (i) a convicted felon, someone convicted of an assault under Federal or any State’s laws or the laws of any country, or have a prior conviction for misusing a stun gun under Cal. Pen. Code section 244.5; or (ii) addicted to any narcotic drug.

California law also limits minors’ possession of stun guns.  Those under the age of 16 may not posses them.  Minors who are 16 t 18 years of age must have parental or guardian consent.

Furthermore, it is illegal in California to carry or use a stun gun when you are in a secure area of an airport or in a passenger terminal in a harbor facility that hosts regular commuter operations; or in any state of local government building; or in any meeting that is required by law to be open to the public.  Violations of these rules are misdemeanors.

Finally, anyone who uses a stun gun to assault another may be charged with an assault.  Violations may be charged as misdemeanors or felonies, depending largely upon the facts of the case and the damage done to the other party.

This is meant to be a basic introduction to the laws surrounding stun guns in California.  However, it is important to recognize that there are other applicable laws that could come into play, such as concealed weapon laws and carry a deadly weapon laws.

If you have any questions about whether or not you are allowed to purchase, carry, or use a stun gun in California, or if you are facing charges for a stun gun violation, call me to discuss the matter further.