Stun Gun Laws by State: A Comprehensive Guide for 2022

Stun Gun Laws by State:
A Comprehensive Guide for 2022

Laws on stun
guns and TASER devices are constantly changing. Here is an up-to-date,
comprehensive guide and historical record of how these changes have been
playing out across the United States.*

*The information laid out within is
solely for educational purposes and is not meant to be construed as legal
advice. Check with an attorney if you need legal counsel.

Stun guns and TASER devices, commonly known as electroshock weapons or electronic control
devices (ECDs), are excellent self-defense tools. Although stun guns and TASERs have important differences, they serve the same function: to
shock, dismay and neutralize human attackers and wild animals. These pain compliance
tools have been widely used by both law enforcement and civilians since the
rise of the TASER in the 1990s. Restrictions on civilian use have been
stringent since that time, particularly in several key states, but the 2^nd
Amendment has been referenced to great effect in tackling draconian stun gun
laws.

Two important Supreme Court Cases

The landmark decision of District of Columbia vs. Heller set
a critical precedent for all self-defense cases to follow. Dick Anthony Heller,
a D.C. special officer, applied for a one-year firearm license for a handgun he
intended to keep in his home and was denied. Dick sued the District of
Columbia. The U.S. Court of Appeals decided that Heller’s 2^nd
Amendment right was indeed violated. They ruled that the 2^nd
Amendment protects an individual’s right to keep a firearm
in their personal dwelling for the purpose of self-defense and claimed that the District of
Columbia’s requirement that it be non-functional violated that right.

The landmark case of Massachusetts vs. Caetano in 2016 was
responsible for the overturning of several stun gun bans nationwide. A woman by
the name of Jamie Caetano was convicted of illegal possession of a stun gun by
the State of Massachusetts, which she held for protection against her abusive ex-boyfriend.
The Supreme Court unanimously vacated the case, with reference to District of Columbia vs. Heller, stating
that Massachusetts’ outright ban on electroshock weapons violated a person’s
right to bear arms under the 2^nd Amendment.

Legal Timeline of Stun Gun Repeals

2021:

Hawaii passes House Bill 891, overturning
their state stun gun ban. New law becomes effective as of
January 1^st, 2022. Until then, stun guns and TASERs are still
illegal.
Lawmakers
in Michigan are still attempting to
make regular stun guns legal.
New York is in the process of attempting to
pass a bill to regulate stun guns.
Rhode Island has a pending federal court case with
an intention of overturning the ban.

Bans
remain in effect in Delaware within
the scope of the City of Wilmington,
New Castle County and some smaller
towns.

2019:

New York strikes down their stun gun ban as
unconstitutional and in violation of the 2^nd Amendment.
The
Illinois Supreme Court overturns the
State’s categorical
ban on stun devices.

2018:

Per
Ramirez vs. Commonwealth, Massachusetts effectively strikes down
their absolute ban on electroshock weapons and institutes restrictions instead:
purchase requires a MA Firearm Identification Card (FID), MA ID and MA Basic
Firearms Safety Course Certificate.

2017:

By
order of consent, New Jersey repeals
its ban on stun guns.

The
cities of Annapolis, MD; Baltimore, MD; New Orleans, LA; Philadelphia, PA and Tacoma, WA legalize stun guns.

Howard County, MD removes its ban.

2016:

Per
Ramirez vs. Commonwealth, Massachusetts effectively strikes down
their absolute ban on electroshock weapons and institutes restrictions instead: purchase requires a MA
Firearm Identification Card (FID), Massachusetts ID and MA Basic Firearms
Safety Course Certificate.

The
District of Columbia overrides their
stun gun ban and begins to regulate them instead via the Stun Gun Regulation Emergency Amendment Act.

The
U.S. Virgin Islands eliminates their stun gun ban.

Baltimore County, MD deems their ban unconstitutional.

2014:

Overland Park, KS stun gun ban is overruled.

Harford County, MD uplifts its ban.

2013:

Anne Arundel County, MD overturns its ban.

2012:

Per
People vs. Yanna, Michigan lifts their ban on electroshock
weapons. Only branded TASER devices become legal, with the requirement of a CCW
permit; regular stun guns remain illegal in
Michigan.2011:

2011:

Wisconsin
ends ban on stun guns; regulates with
requirement of CCW permit.

Stun Gun & TASER Laws By State

State Legal for Security Guard Use Legal for Consumer Use/Possession Permit Required for Consumers to Possess Background Check Required Other Restrictions on Sale*

Alabama Yes Yes No No No

Alaska Yes Yes No No No

Arizona Yes Yes No No Yes (verify possession of valid gov’t ID)

Arkansas Yes Yes No No Yes (no sales under 19)

California Yes Yes No No Yes (no sales under 19 and no felony convictions)

Colorado Yes Yes No No No

Connecticut No Yes (in home only) No No No

Delaware Yes Yes (permit required for concealed carry) No No No

District of Columbia Yes Yes No No No

Florida Yes Yes No No No

Georgia Yes Yes No No No

Hawaii No Yes* N/A N/A *Legal on Jan 1, 2022

Idaho Yes Yes No No No

Illinois Yes (with FOID) Yes (with FOID + on premises, business, or by invitation) Yes Yes (for TASERs) Yes (must only sell to FOID holder + waiting period)

Indiana Yes Yes No No No

Iowa Yes (with professional permit) Yes Yes No No

Kansas Yes Yes No No No

Kentucky Yes Yes No No No

Louisiana Yes Yes No No No

Maine Yes Yes No No No

Maryland Yes Yes No Yes (for TASERs) No

Massachusetts Yes Yes (with resident firearm license) Yes No Yes (submit a copy of resident firearms license, Massachusetts ID, and MA Basic Firearms Safety Course certificate)

Michigan Yes Yes Yes No Yes (verify identity and possession of CCW)

Minnesota Yes Yes No Yes (for TASERs) Yes (no sales under 19)

Mississippi Yes Yes Yes No No

Missouri Yes Yes No No No

Montana Yes Yes No No No

Nebraska Yes Yes No No No

Nevada Yes Yes No No No

New Hampshire Yes Yes No No No

New Jersey Yes (as of Oct. 2017) Yes (as of Oct. 2017) No No No

New Mexico Yes Yes (permit required for concealed carry unless on own premises or in personal vehicle) No No No

New York Yes (as of April 2019) Yes (as of April 2019) No No There may be other county/local laws regulating civilian CEW possession within the State of New York. It is the sole responsibility of the individual possessing the CEW to research and comply with laws.

North Carolina Yes (no concealed carry outside of own premises) Yes (no concealed carry outside of own premises) No No No

North Dakota Yes Yes No (permit not required to conceal carry StrikeLight but required for all other CEWs) No No

Ohio Yes Yes No No No

Oklahoma Yes Yes No No No

Oregon Yes Yes No No No

Pennsylvania Yes Yes No No No

Puerto Rico Yes Yes Yes No Yes. Please note there is a minimum order requirement for shipment.

Rhode Island No No N/A N/A N/A

South Carolina Yes Yes No No No

South Dakota Yes Yes No No No

Tennessee Yes (permit required Yes No No No

Texas Yes Yes No No No

Utah Yes Yes No No No

Vermont Yes Yes No No No

Virginia Yes Yes No No No

Washington Yes Yes No No No

West Virginia Yes (permit required for concealed carry unless on own premises) Yes (permit required for concealed carry unless on own premises) No No No

Wisconsin Yes (with CCW License) Yes (with CCW License or in own home/business) Yes No Yes (verify possession of CCW or that use is restricted to home/business)

Wyoming Yes Yes No No No

Frequently Asked
Questions:

What are the stun gun laws per state?

See above chart. As of 2021,
stun guns are prohibited statewide only in the State of Rhode Island and in various localities within Delaware. Hawaii will officially legalize on January 1, 2022.

Who cannot possess a stun gun?

Although the laws vary from state to state, generally:

Minors,
anyone under the age of 18

Convicted
felons

Persons
with prior convictions of assault or misuse of a weapon

Persons
convicted of drug crimes

Persons
with mental illness or those who are found to be a danger to self or others

Persons
subjected to an active court order for harassing, stalking, threatening, etc.

Where are stun guns prohibited?

Stun guns
and TASERs, like most weapons, are typically not allowed in government buildings,
such as courthouses, prisons, administrative facilities, etc. They are also not
allowed in public schools, airports (no open carry; checked luggage only) and
other restricted areas.

Can I travel with a stun gun or
TASER?

Travel by Air – When traveling on a plane, your
electroshock weapon should be stored in checked luggage, just as you would do
for pepper spray/mace. Placing your device in carry-ons or on your person will
likely lead to confiscation and possible prosecution by airport authorities, so
be wary of that. If you are heading out of the country, make sure that your
stun gun is legal where you are going.

Travel by Land – The laws will change as you move
from state to state in the U.S. Being mindful of the regulations of the state
you are traveling to is important. In Wisconsin,
for example, you are allowed to carry your electroshock weapon without
a CCW so long as you carry it in a concealed within a carrying case; no
open carry unless you have a CCW permit that is honored by the state. If you
are crossing the border into another country you must be especially careful.
Canada, for example, bans all weapons.
Attempting to carry your stun gun or TASER across the Canadian border will get
your weapon confiscated at best, or get you in big legal trouble at worst.

Travel by Sea – Stun guns and TASER devices are considered crime control weapons by the United States. Export outside the U.S. must be approved by the U.S. Department of Commerce.

Can I conceal carry my TASER?

It depends,
as the law can be vague or grey in some locations. Although the Bureau of
Alcohol, Tobacco, Firearms and Explosives (ATF) does not consider TASER devices to be firearms, several states are
regulating them under that legal framework. There are several states that require
a permit for conceal carry, particularly those that have licensing requirements
for possession.

Source link

State	Legal for Security Guard Use	Legal for Consumer Use/Possession	Permit Required for Consumers to Possess	Background Check Required	Other Restrictions on Sale*
Alabama	Yes	Yes	No	No	No
Alaska	Yes	Yes	No	No	No
Arizona	Yes	Yes	No	No	Yes (verify possession of valid gov’t ID)
Arkansas	Yes	Yes	No	No	Yes (no sales under 19)
California	Yes	Yes	No	No	Yes (no sales under 19 and no felony convictions)
Colorado	Yes	Yes	No	No	No
Connecticut	No	Yes (in home only)	No	No	No
Delaware	Yes	Yes (permit required for concealed carry)	No	No	No
District of Columbia	Yes	Yes	No	No	No
Florida	Yes	Yes	No	No	No
Georgia	Yes	Yes	No	No	No
Hawaii	No	Yes*	N/A	N/A	*Legal on Jan 1, 2022
Idaho	Yes	Yes	No	No	No
Illinois	Yes (with FOID)	Yes (with FOID + on premises, business, or by invitation)	Yes	Yes (for TASERs)	Yes (must only sell to FOID holder + waiting period)
Indiana	Yes	Yes	No	No	No
Iowa	Yes (with professional permit)	Yes	Yes	No	No
Kansas	Yes	Yes	No	No	No
Kentucky	Yes	Yes	No	No	No
Louisiana	Yes	Yes	No	No	No
Maine	Yes	Yes	No	No	No
Maryland	Yes	Yes	No	Yes (for TASERs)	No
Massachusetts	Yes	Yes (with resident firearm license)	Yes	No	Yes (submit a copy of resident firearms license, Massachusetts ID, and MA Basic Firearms Safety Course certificate)
Michigan	Yes	Yes	Yes	No	Yes (verify identity and possession of CCW)
Minnesota	Yes	Yes	No	Yes (for TASERs)	Yes (no sales under 19)
Mississippi	Yes	Yes	Yes	No	No
Missouri	Yes	Yes	No	No	No
Montana	Yes	Yes	No	No	No
Nebraska	Yes	Yes	No	No	No
Nevada	Yes	Yes	No	No	No
New Hampshire	Yes	Yes	No	No	No
New Jersey	Yes (as of Oct. 2017)	Yes (as of Oct. 2017)	No	No	No
New Mexico	Yes	Yes (permit required for concealed carry unless on own premises or in personal vehicle)	No	No	No
New York	Yes (as of April 2019)	Yes (as of April 2019)	No	No	There may be other county/local laws regulating civilian CEW possession within the State of New York. It is the sole responsibility of the individual possessing the CEW to research and comply with laws.
North Carolina	Yes (no concealed carry outside of own premises)	Yes (no concealed carry outside of own premises)	No	No	No
North Dakota	Yes	Yes	No (permit not required to conceal carry StrikeLight but required for all other CEWs)	No	No
Ohio	Yes	Yes	No	No	No
Oklahoma	Yes	Yes	No	No	No
Oregon	Yes	Yes	No	No	No
Pennsylvania	Yes	Yes	No	No	No
Puerto Rico	Yes	Yes	Yes	No	Yes. Please note there is a minimum order requirement for shipment.
Rhode Island	No	No	N/A	N/A	N/A
South Carolina	Yes	Yes	No	No	No
South Dakota	Yes	Yes	No	No	No
Tennessee	Yes (permit required	Yes	No	No	No
Texas	Yes	Yes	No	No	No
Utah	Yes	Yes	No	No	No
Vermont	Yes	Yes	No	No	No
Virginia	Yes	Yes	No	No	No
Washington	Yes	Yes	No	No	No
West Virginia	Yes (permit required for concealed carry unless on own premises)	Yes (permit required for concealed carry unless on own premises)	No	No	No
Wisconsin	Yes (with CCW License)	Yes (with CCW License or in own home/business)	Yes	No	Yes (verify possession of CCW or that use is restricted to home/business)
Wyoming	Yes	Yes	No	No	No

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