Stun Guns

[mprofera]

What are the laws regarding owning a stun gun in Pennsylvania?? My son lives in Berwyn, Chester County.

He had a fight with his police officer brother, who was off duty at the time. Two days later the police (7 officers with guns drawn) entered his home and forced him to open his safe. There was a stun gun and a knife. He was arrested.

He faces an arraingement on Tuesday.
Thanks for any help or information you can provide.

M

[KeithPA]

§908. Prohibited offensive weapons.

(a) Offense defined.-A person commits a misdemeanor of the first degree if, except as authorized by law, he makes repairs, sells, or otherwise deals in, uses, or possesses any of*fensive weapon.

(b) Exceptions.*

(1) It is a defense under this section for the defendant to prove by a preponderance of evidence that he possessed or dealt with the weapon solely as a curio or in a dramatic per*formance, or that, with the exception of a bomb, grenade or incendiary device, he complied with the National Firearms Act (26 U.S.C. §5801 et seq.), or that he possessed it briefly in consequence of having found it or taken it from an aggressor, or under circumstances simi*larly negativing any intent or likelihood that the weapon would be used unlawfully.

(2) This section does not apply to police forensic firearms experts or police forensic firearms laboratories. Also exempt from this section are forensic firearms experts or forensic firearms laboratories operating in the ordinary course of business and engaged in lawful operation who notify in writing, on an annual basis, the chief or head of any police force or police department of a city, and, elsewhere, the sheriff of a county in which they are located, of the possession, type and use of offensive weapons.

(3) This section shall not apply to any person who makes, repairs, sells or otherwise deals in, uses or possesses any firearm for purposes not prohibited by the laws of this Com*monwealth.

(c) Definitions.-As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Firearm." Any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive, or the frame or receiver of any such weapon. "Offensive weapons" Any bomb, grenade, machine gun, sawed-off shotgun with a barrel less than 18 inches, firearm specially made or specially adapted for concealment or silent discharge, any blackjack, sandbag, metal knuckles, dagger, knife, razor or cutting instrument, the blade of which is exposed in an automatic way by switch, push-button, spring mecha*nism, or otherwise, any stun gun, stun baton, taser or other electronic or electric weapon or other implement for the infliction of serious bodily injury which serves no common lawful purpose.

(d) Exemptions.-The use and possession of blackjacks by the following persons in the course of their duties are exempt from this section:

(1) Police officers, as defined by and who meet the requirements of the act of June 18, 1974 (PL. 359, No. 120), referred to as the Municipal Police Education and Training Law.

(2) Police officers of first class cities who have successfully completed training which is substantially equivalent to the program under the Municipal Police Education and Training Law.

(3) Pennsylvania State Police officers.

(4) Sheriffs and deputy sheriffs of the various counties who have satisfactorily met the requirements of the Municipal Police Education and Training Law.

(5) Police officers employed by the Commonwealth who have satisfactorily met the requirements of the Municipal Police Education and Training Law.

(6) Deputy sheriffs with adequate training as determined by the Pennsylvania Commis*sion on Crime and Delinquency.

(7) Liquor Control Board agents who have satisfactorily met the requirements of the Municipal Police Education and Training Law.

(Chgd. by L.2002, Act 132(1), eff. 1/5/2003.)

§908.1. Use or possession of electric or electronic incapacitation device.

(a) Offense defined.-Except as set forth in subsection (b), a person commits an offense if the person does any of the following:

(1) Uses an electric or electronic incapacitation device on another person for an unlawful purpose.

(2) Possesses, with intent to violate paragraph (1), an electric or electronic incapacitation device.

(b) Self defense.-A person may possess and use an electric or electronic incapacitation device in the exercise of reasonable force in defense of the person or the person's property, pursuant to Chapter 5 (relating to general principles of justification), if the electric or elec*tronic incapacitation device is labeled with or accompanied by clearly written instructions as to its use and the damages involved in its use.

(c) Prohibited possession.-No person prohibited from possessing a firearm pursuant to section 6105 (relating to persons not to possess, use, manufacture, control, sell or transfer firearms) may possess or use an electric or electronic incapacitation device.

Arraingment on what? You have to use or intend to use a prohibited offensive weapon for it to count as such. So if you carried one in your purse or on you for defense or had one in your home, it shouldn't matter. But it also sounds like they will most likely be trying to nail your son because of who he got in a fight with.

Call an attorney!

[mprofera]

Thank you for your answer. It really helps.

He was charged with 2 counts of aggravated assualt and 2 minor counts of assualt.

This was a fist fight between brothers. There was no weapon. The police went to his home 2 days after my police officer son pressed charges against him.

The aggravated assualt charges were dropped due to lack of evidence, but he still has the minor offenses pending. He has been wearing a home monitoring device. He mentioned the stun gun and how the police forced him to open his safe.

It was not present during the altercation and they were not on these premises. They were on the premises of his brother.

[Lougotzz]

This is ridiculous. First of all police should know better then fight like that. Secondly, brothers should love one another. Thirdly, you as the father should step in and make the peace.

I am sorry to but in. When I hear family fighting like this it gets me upset. God forbid one day something happens to one of your sons,the other will regret how they treated the other.

My advise is get the police officer son to drop the charges and get them to talk it out and love eachother. Go to a ball game,watch the super bowl tonight.

Good luck. I hope you post some good news soon.

[wewo]

if the above fails hire an atty and consider suing the police dept for violating your civil rights under color of State law based on the illegal search (presumably without a warrant to open your safe) , watch how quick they offer to drop all charges.

[SPRNGXD]

I know this is a old topic, but I really could not help myself when I saw where you lived.......The real problem lies with the police Dept. you are dealing with. TRED. police can be a little high strung. I am not knocking them on their ability or competence, just their over the top swat team guerrilla warfare looks and tatics. They are the only Police Dept. that I know of who have stun guns in such a nice area. That is almost like Radnor PD needing grenade launchers. I think they can get a little to carried away, and one thing you don't want to do is get into a fight with a cop. There more pissed then when Dunkin doughnuts are out of Boston crème and Jelly glazed........ My big question is why a brother is pressing charges on another. What happened to siblings disagreeing and just beating the crap out of each other to settle it. I think it is ashamed that you have to deal with this situation between your family. Any update???
Just my two cents....

[Lycanthrope]

Originally Posted by mprofera

He has been wearing a home monitoring device. He mentioned the stun gun and how the police forced him to open his safe.

If he's on elctronic monitoring, I'm assuming he's already on probation.

If that's the case, he can't have a stun gun or other gun on the premises.