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

[GunLawyer001]

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

Since I didn't see this thread back in 2008, I didn't point out that every "stun gun, stun baton, taser or other electronic or electric weapon" is considered a Prohibited Offensive Weapon under Section 908 of the Crimes Code.

I did indeed have a client charged with this (in conjunction with a few other charges), so I researched this issue a few years back. Spoke with a few other lawyers, Shepardized the statutes to see if any appellate cases explained the interplay between 908 and 908.1. Looked up the original bill which added them to the POW statute, and which also created the new Section 908.1 at the same time. Spoke with the government lawyer in Harrisburg who advises the Legislature on legislation.

Nobody was exactly sure of what the hell the law means.

What the Legislature did was to create a blanket prohibition on possession in 908, and then add additional penalties for criminal use in 908.1. They also created an exception for "possession and use" in 908.1, but not in 908.

(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.

There's an argument that the wording of 908 dovetails with the exception in 908.1:

908: (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.

The argument is that 908.1 is a law which authorizes "possession and use" by the law-abiding. At the time, I didn't see any case law that clarified this. You can argue it, if it comes up. The risk is that you are subject to an M-1 if your argument fails and you are convicted under 908. That's a Federal lifetime prohibitor for gun possession, nation-wide.

Also be aware of this important limitation; if you can't own guns, then you can't own any type of stun gun. These are NOT a good second-best weapon to carry if you can't pass PICS, and the penalty for violating 908.1 is at least an M-1, possibly a Felony:

(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.

As it stands, I would advise against carrying any kind of stun gun. If you can carry a gun, do that. Most places that allow stun guns would allow guns, and places that ban "weapons" would ban both. An LTCF is a get-out-of-jail-free card for a gun in a lot of situations where it has zero use for a stun gun.

There are certainly situations where Tasing someone would be justified, but shooting them would not. The law should kind of encourage this option, and we provide stun guns to cops for this reason. But for everybody else, until the law is clarified, stick with the guns. You can be crucified for simple possession of the stun gun in some situations where they couldn't touch you for a handgun.

[steelerfan]

I bought a stun gun for my wife to take with her when she walks in the morning & to take places where you're not allowed to carry a firearm

[t1066]

I bought a stun gun for my wife to take with her when she walks in the morning & to take places where you're not allowed to carry a firearm

I'd re-think that in light of reply 21 if I were you.

[steelerfan]

I'd re-think that in light of reply 21 if I were you.

If she's out for her morning walk & someone attacks her & she defends herself you would think the law SHOULD be in favor of non-lethal protection, what a screwed up law

[t1066]

If she's out for her morning walk & someone attacks her & she defends herself you would think the law SHOULD be in favor of non-lethal protection, what a screwed up law

Oh, I will definitely agree with you that the law is screwed up!

[GunLawyer001]

As far as I know, stun guns are not considered firarms due to the fact that they don't fire a projectile. They actually work only when physically touched to the attacker by the intended victim. According to the information I've found, BOTH stun guns and tazers ARE LEGAL. I am considering buying one for my wife as she has been recently attacked. So I'm examing info

The law of Pennsylvania varies considerably from the law of Estonia. Here in PA, a stun gun is not a "firearm" but it's certainly a "prohibited offensive weapon" under Section 908. There may be interplay with 908.1, but the law isn't clear enough for carrying a stun gun to be risk-free.

[RockIsland]

The law of Pennsylvania varies considerably from the law of Estonia.

[t1066]

The law of Pennsylvania varies considerably from the law of Estonia. Here in PA, a stun gun is not a "firearm" but it's certainly a "prohibited offensive weapon" under Section 908. There may be interplay with 908.1, but the law isn't clear enough for carrying a stun gun to be risk-free.

I wonder how the recent SCOTUS ruling will impact this. The one where even Ginsberg agreed that the 2nd protected stun guns.

https://en.wikipedia.org/wiki/Caetano_v._Massachusetts

Though I wouldn't expect our state courts to pay attention to this until forced to.

[Rosco the Iroc]

As far as I know, stun guns are not considered firarms due to the fact that they don't fire a projectile. They actually work only when physically touched to the attacker by the intended victim. According to the information I've found, BOTH stun guns and tazers ARE LEGAL. I am considering buying one for my wife as she has been recently attacked. So I'm examing info

I swear I'm going to neg the next nubie that necorthreads and the next person that says shenanigans.

Plus there are some that do "fire a projectile"

[sbmania]

So, in light of all the foregoing, someone please enlighten me as to options available. I have CCW's for about 5 states and conceal carry whenever possible. But I need to travel in NJ periodically. (I know, I know!) Additionally, I would prefer to have a legal and less lethal means to defend myself in any state when shooting someone is not quite justified, yet I find myself in a situation that might result in a mugging or butt-whooping.

I once was fairly proficient in shotokan karate, but at 66 now with 2 replacement hips, my days of going 3 rounds with the young and strong are more or less over. Speed and balance are not what they were, although I continue to try to improve in those areas.

I go out of my way at all times to de-escalate situations, avoid troublemakers, etc. And yet, a-holes, drunks and wild youths still abound despite our best efforts to avoid them. I can't legally carry any of the more useful less lethal deterrents like an expandable baton, black jack, etc etc even though those seem to be ideal tools to back someone off without really hurting them. So what's available? Knives have their uses, but I wouldn't consider them less lethal. Neither would I consider a knife an appropriate response to a large, belligerent drunk who seems determined to pick a fight. A cane comes to mind for someone like me, but I don't really need one to walk in general, and a cane adds to the daily baggage I might already be carrying. Pepper spray? A definite possibility. Is it legal everywhere? Which brands and types are most effective? So besides that, what does everyone recommend that's legal to carry on the street for less lethal defense? Is there anything out there?