California Stun Gun and TASER Laws

01/15/2023
by Admin @ Stunster.com

In California, the possession and use of stun guns and TASERS are regulated by state law. However, it is important to understand the laws and regulations governing their possession and use in California. This article will explore the different legal requirements for owning and using stun guns and TASERS in California, as well as the consequences of violating these laws.

Differentiating Stun Guns and TASERS

Stun guns and TASERS are both electroshock weapons, but they work in different ways. Stun guns deliver a high-voltage electric shock to an attacker through two metal prongs that are pressed against the person's body. TASERS, on the other hand, fire two small darts that attach to the attacker's body and deliver a high-voltage electric shock.

Possession and Use of Stun Guns and TASERS in California

It is legal for most people in California to possess and use stun guns and TASERS for self-defense. However, there are some restrictions on where and how these devices can be used. For example, it is illegal to carry a stun gun or TASER on school grounds, in government buildings, or in airports. Additionally, it is unlawful to use a stun gun or TASER in an aggressive or threatening manner. This means that you can only use the device in self-defense or to protect another person from harm.

Restricted Locations and Prohibited Usage

In addition to the general restrictions on where and how stun guns and TASERS can be used, there are also some specific locations where these devices are prohibited. For example, it is illegal to carry a stun gun or TASER into a courthouse, a prison, or a police station. Additionally, it is illegal to use a stun gun or TASER against a peace officer or other law enforcement official.

Age and Prohibited Ownership Requirements

You must be at least 18 years old to purchase or possess a stun gun or TASER in California. Additionally, it is illegal for convicted felons, persons under the influence of drugs or alcohol, and persons with a history of mental illness to own or possess a stun gun or TASER.

Consequences of Misuse Against Law Enforcement

If you use a stun gun or TASER against a peace officer or other law enforcement official, you could face serious criminal charges, including assault on a peace officer. Additionally, you could be charged with brandishing a weapon, which is a misdemeanor offense that carries a maximum sentence of one year in jail.

Brandishing and Its Legal Implications

Brandishing is the act of displaying a weapon in a threatening or intimidating manner. In California, it is illegal to brandish a stun gun or TASER, even if you do not intend to use it. Brandishing a weapon is a misdemeanor offense that carries a maximum sentence of one year in jail.

City-Specific Regulations in California

In addition to the state laws governing stun guns and TASERS, some cities in California have additional restrictions and regulations. For example, the city of San Francisco prohibits the possession of stun guns and TASERS by anyone who is not a law enforcement officer. It is important to check the laws and regulations in your specific city or county to ensure that you are in compliance.

Federal Properties and Jurisdiction Variations

California state law may not apply to federal properties, such as military bases and national parks. Additionally, federal laws and regulations may have different restrictions and requirements for the possession and use of stun guns and TASERS. It is important to be aware of federal laws and regulations if you plan to carry a stun gun or TASER on federal property.

Ensuring Compliance: Checking Local Laws and Regulations

It is important to research and understand the specific stun gun and TASER regulations in your city or county of residence. You can find this information on the website of your local law enforcement agency or by contacting them directly.

Importance of Proper Training and Consultation

It is also important to receive proper training on the safe and legal use of stun guns and TASERS. This training can be provided by a variety of organizations, including local law enforcement agencies, gun safety organizations, and self-defense schools.

Conclusion

By understanding the laws and regulations governing stun guns and TASERS in California, you can help to ensure that you are using these devices safely and legally. If you have any questions about the laws and regulations in your area, you should consult with a lawyer or your local law enforcement agency.

See the cost of Stun Guns and TASERS.

 California law is highlighted below:

"PENAL CODE - PEN

PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34370]

  ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. )

TITLE 3. WEAPONS AND DEVICES OTHER THAN FIREARMS [19910 - 23025]

  ( Title 3 added by Stats. 2010, Ch. 711, Sec. 6. )

DIVISION 10. STUN GUN [22610 - 22625]

  ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. )

22610.

Notwithstanding any other provision of law, any person may purchase, possess, or use a stun gun, subject to the following requirements:

(a) No person convicted of a felony or any crime involving an assault under the laws of the United States, the State of California, or any other state, government, or country, or convicted of misuse of a stun gun under Section 244.5, shall purchase, possess, or use any stun gun.

(b) No person addicted to any narcotic drug shall purchase, possess, or use a stun gun.

(c) (1) No person shall sell or furnish any stun gun to a minor unless the minor is at least 16 years of age and has the written consent of the minor’s parent or legal guardian.

(2) Violation of this subdivision shall be a public offense punishable by a fifty-dollar ($50) fine for the first offense. Any subsequent violation of this subdivision is a misdemeanor.

(d) No minor shall possess any stun gun unless the minor is at least 16 years of age and has the written consent of the minor’s parent or legal guardian.

(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)

22615.

Each stun gun sold shall contain both of the following:

(a) The name of the manufacturer stamped on the stun gun.

(b) The serial number applied by the manufacturer.

(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)

22620.

Unless otherwise specified, any violation of this division is a misdemeanor.

(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)

22625.

(a) Each stun gun sold in this state shall be accompanied by an instruction booklet.

(b) Violation of this section shall be a public offense punishable by a fifty-dollar ($50) fine for each weapon sold without the booklet.

(Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)"

See more information about TASER laws by state.

Disclaimer: The information provided in this blog post is for general informational purposes only and should not be construed as legal advice. The laws and regulations regarding stun guns, TASER devices, and other electronic defense weapons can vary widely by jurisdiction and can change over time. Therefore, it's important to consult with legal professionals or relevant authorities to obtain accurate and up-to-date information that applies to your specific circumstances.

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