Stun Gun Laws by State: A Comprehensive Guide for 2021

Stun Gun Laws by State:
A Comprehensive Guide for 2021

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.