How many carry a "stun gun" and are they legal?

[sgser]

Threads in the past suggest layers of defense prior to use of deadly force. Pepper spray, tazers and stun guns were suggested from time to time. Not so long ago there was a discussion suggesting that stun guns and/or stun batons could be illegal or something like that.

Will somebody please clear this up?

Can we lawfully use a stun gun for self defense?

[Swarner793]

I carry a Taser when I am working as an UNSWORN individual. Security/Protection jobs, Bail Enforcement and such. I have been advised by the Lycoming County DA's Office that civilian use indeed legal as affirmed by 908.1.

It has been suggested on here about the need to have certain instruction/training paperwork to comply with the statute. Also, an Attorney on here has/had a client charged with Offensive Weapons. It was not revealed if the client had accompanying offenses or if he was just charged with the OW. If this is read by said Attorney, what was the outcome?

Just my experience.

Be safe.

Scott

[DaveM55]

In Pa a private citizen can legally carry pepper spray and/or a stun gun/taser.

[ccphilly1984]

you can use a stun gun for self defense in pennsylvania, however, as they are not firarms, philadelphia banned them and they are illegal in the people's republic of new jersey. take them there and i think it is a felony... I carry a stun gun when i go to the slots casino, where firarms are phohibited. What i usually do is carry mace in my car, because it's legal everywhere I go and i can keep it in my car, and i pack my stun gun and my pistol when i'm in pa (except philadelphia). stun guns are also banned in baltimore and annapolis, maryland and in new york. they are legal in WV and ohio and delaware also.

[JCWohlschlag]

Here is the state law regarding “electronic incapacitation devices”:

18 Pa.C.S. § 908.1

Title 18 Pa.C.S. Crimes and Offenses

Part I. Preliminary Provisions

Chapter 9. Inchoate Crimes

§ 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.

(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.

(d) Grading.--An offense under subsection (a) shall constitute a felony of the second degree if the actor acted with the intent to commit a felony. Otherwise any offense under this section is graded as a misdemeanor of the first degree.

(e) Exceptions.--Nothing in this section shall prohibit the possession or use by, or the sale or furnishing of any electric or electronic incapacitation device to, a law enforcement agency, peace officer, employee of a correctional institution, county jail or prison or detention center, the National Guard or reserves or a member of the National Guard or reserves for use in their official duties.

(f) Definition.--As used in this section, the term "electric or electronic incapacitation device" means a portable device which is designed or intended by the manufacturer to be used, offensively or defensively, to temporarily immobilize or incapacitate persons by means of electric pulse or current, including devices operating by means of carbon dioxide propellant. The term does not include cattle prods, electric fences or other electric devices when used in agricultural, animal husbandry or food production activities.

Here is the Philadelphia City Code:

Philadelphia Code § 10-825

Title 10. Regulation of Individual Conduct and Activity

Chapter 10-800. Safety

§ 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 of not more than three hundred (300) dollars and/or imprisonment for not more than ninety (90) days.

[Swarner793]

(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.

[/INDENT]

This sounds as if it only addresses the Taser type weapons (projectile) and not the contact type. Does anyone else see/read the code that way? Never liked the contact type devices, too much like fighting for me

Be safe (and hands free!)

Scott

[sgser]

Thanks for everything so far.

I was looking specifically for the "contact" type of device. What I saw awhile back was that someone was arrested and charged for having something like that.

If we can't protect ourselves, even in a non lethal manner without facing arrest, it's pathetic.

[JCWohlschlag]

(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.

This sounds as if it only addresses the Taser type weapons (projectile) and not the contact type. Does anyone else see/read the code that way?

It may address only TASER-type “stun guns”. It may not. I agree that it seems pretty ambiguous, but if it seems like it was written stupidly then remember who wrote it. Philadelphia legislators are not exactly known for their intelligent lawmaking abilities.

Then again, the part in 18 Pa.C.S. § 908.1 (b) where it states, “… 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,” is pretty ambiguous, too. I have seen arguments that state the stun gun or TASER must have stickers on it with those instructions and warnings, yet the phrase, “… accompanied by…,” could be interpreted to mean that a regular user’s manual with those instructions and warnings could be acceptable. Who the hell knows?

The common sense disclaimer applies. Consult a lawyer familiar with both state law and any local ordinances you may have to deal with if you are not comfortable with your own interpretation. Since “electronic incapacitation devices” are not protected from preemption by the 18 Pa.C.S. § 6120 of the Uniform Firearms Act, localities can regulate their use and ownership.

[ironhorse]

I bought one for my wife and my 2 daughters, who are both in their twenties now.

[knight0334]

If you are justified in the use of force, or in the use of deadly force - you may use any device to inflict harm or death respectfully.