Stun gun in Philadelphia

[Big5]

A friend told me today that you are not allow to own or carry a stun gun in Philadelphia. What if you have your LTCF would you be able to carry one then?

[streaker69]

A friend told me today that you are not allow to own or carry a stun gun in Philadelphia. What if you have your LTCF would you be able to carry one then?

I'm not sure if you can or not in Philly, but I do know that a stun gun doesn't fit the definition of a firearm as defined in the UFA, so it wouldn't be covered to carry under your LTCF.

[Sgt.K]

A friend told me today that you are not allow to own or carry a stun gun in Philadelphia. What if you have your LTCF would you be able to carry one then?

From http://handgunlaw.us/:
Philadelphia - Stun Devices/Electric Weapons are Illegal in Philadelphia.
§ 10-825. Stun Guns.
(1) Definitions.
(a) Stun Gun. Any device which expels or projects a projectile which, upon coming in contact with a person, is capable of inflicting injury or an electric shock to such person.
(2) Prohibited Conduct. No person shall own, use, possess, sell or otherwise transfer any "stun gun".
(3) Penalty. Any person violating any provision of this Section shall be subject to a fine

[brad5452]

Note: Read post #6 for clarification

Stun guns are illegal state wide.


(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 offensive 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 performance, 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 similarly 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 Commonwealth.
(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 mechanism, 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.

[snakeman21]

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.

If cops use them on a daily basis, how do they serve "no common lawful purpose?" Legislature contradicts itself. Just another means of control.

[tl_3237]

Stun guns are illegal state wide.


(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 offensive 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 performance, 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 similarly 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 Commonwealth.
(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 mechanism, 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.

An interesting counter-point:

Here are some of the arguments on both sides of the stun gun issue:

Tasers and stun guns are specifically named as POW's:

§ 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 offensive weapon.
. . . .
(c) Definitions.-. . .
“Offensive weapons.” Any bomb, grenade, machine gun, . . . ., 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.

So, they are illegal, unless "authorized by law".

Next, we have a section that adds another crime (an F3 or M1), use of one of them in a crime; in THAT section, they permit you to "possess and use" one in self-defense, as long as you aren't a prohibited person, and the thing has a label or you brought along the instruction booklet:

§ 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 electronic incapacitation device is labeled with or accompanied by clearly written instructions as to its use and the damages involved in its use.


So the argument that they're legal is that 908.1 "authorizes" your possession for purposes of 908, and you can carry it.

The argument against it is that 908.1 talks about unlawful use, and the exception would be for lawful use, not for the simple possessory offense of 908.

A court could go either way. I think the sensible interpretation, since 908 was modified to include Tasers in the same bill that created 908.1, is that non-prohibited persons may possess and use them in self-defense, or to be ready for self-defense (because you can't "possess it and use it" without previously having "possessed it it without using it" for a while.)

But it's a risk. The law on handguns is pretty clear (although that doesn't stop the occasional judge with an agenda from excluding critical, admissible exculpatory evidence). If you can carry a Taser, you can carry a handgun, in most of the same places, and they are excluded from the same places like schools and courthouses.

It's an oversimplification and false confidence to state that that are legal; it's oversimplification and pessimistic to state that they are illegal under all circumstances. The truth is that the laws relating to Tasers and stun guns are unclear and badly drafted.

[Big5]

Stun guns are illegal state wide, why do they sell them at Pa. gun shows?

[Curmudgeon]

Stun guns are illegal state wide, why do they sell them at Pa. gun shows?

Because there are exceptions to the prohibition, as shown in the statutes quoted above.

[brad5452]

[The quote system made cut it off after "An interesting counter-point:"]

My bad, I hadn't seen that part until I looked specifically for it. I'll update my post so people don't read it without reading your post for clarification. Thanks for correcting me.