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District of Columbia Law. DC Code Ann. Title 6, Chapter
23. Firearms Control. Subchapter I. General Provisions 6-2302.
(7) "Destructive device" means:
(B) "Any device by whatever name
known which will, or is designed, or may be readily converted
or restored, to expel a projectile by the action of an explosive
or other propellant through a smooth bore barrel, except
a shotgun."
(D) Any device designed or redesigned,
made or remade, or readily converted or restored, and intended
to stun or disable a person by means of electric shock.
Subchapter II. Firearms and Destructive Devices. General
Provision 6-2311. Registration requirements:
(a) Except as otherwise provided in this
chapter, no person or organization in the District of Columbia
("District") shall receive, possess, control,
transfer, offer for sale, sell, give, or deliver any destructive
device, and no person or organization in the District shall
possess or control any firearm, unless that person or organization
holds a valid registration certificate for the firearm.
Subchapter V. Sales and Transfer of Firearms, Destructive
Devices, and Ammunition. General Provision 6-2351. Sales
and transfers prohibited. No person or organization shall
sell, transfer or otherwise dispose of any firearm, destructive
device or ammunition in the District except as provided
in *** 6-2352, or 6-2375.
SUMMARY: Possession and sales of Stunning
Devices are banned in Washington, DC.
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Hawaii State Law.
Rev. Stats. Title 10, Chapter 134. Firearms, Ammunition
and Dangerous Weapons. Part 1. General Regulations. Chapter
134-1 Definitions.
"Electric gun" means any portable
device that is electrically operated to project a missile
or electromotive force.
Chapter 134-16 Restriction on possession, sale, gift or
delivery of electric guns.
(a) It shall be unlawful for any person,
including a licensed manufacturer, licensed importer or
licensed dealer, to possess, offer for sale, hold for sale,
sell, give, lend or deliver any electric gun.
(b) Any electric gun in violation of subsection
(a) shall be confiscated and disposed of by the chief of
police.
SUMMARY: Possession and sales of Stunning
Devices are banned in Hawaii. |
Massachusetts State
Law. Ann. Laws of Massachusetts. Chapter 140. Sale of Firearms.
Section 131J: Sale or possession of electrical weapons;
penalties. Section 131J. No person shall sell, offer for
sale or possess a portable device or weapon from which an
electric current, impulse, wave or beam may be directed,
which current, impulse, wave or beam is designed to incapacitate
temporarily, injure or kill. Whoever violates this provision
of this section shall be punished by a fine of not less
than five hundred nor more than one thousand dollars or
by imprisonment for not less than six months nor more than
two years in a jail or house of correction, or both.
SUMMARY: Possession and sales of Stunning
Devices are banned in Massachusetts.
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The Michigan Penal
Code Act 328 of 1931. Chapter 750.224a Portable device or
weapon directing electrical current, impulse, wave, or beam;
sale or possession prohibited; testing.
(1) A person shall not sell, offer for
sale, or possess in this state a portable device or weapon
from which an electric current, impulse, wave or beam is
designed to incapacitate temporarily, injure, or kill.
(3) A person who violates this section
is guilty of a felony.
SUMMARY: Possession and sales of Stunning
Devices are banned in Michigan.
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New
Jersey State Law. New Jersey Stat. Ann. Title 2C. New Jersey
Code of Criminal Justice. Chapter 39-1. Prohibited weapons
and devices.
(Section "r" summarized from Chapter 2C:39-1)
"Weapon" means anything readily capable of lethal
use or of inflicting serious bodily injury. The term includes,
but is not limited to all (4) stun guns; and any weapon
or (this section refers to tear gas and has been updated
in 1995) other device which projects, releases, or emits
tear gas or any other substance intended to produce temporary
physical discomfort or permanent injury through being vaporized
or otherwise dispensed in the air.
(t) "Stun gun" means any weapon
or other device which emits an electrical charge or current
intended to temporarily or permanently disable a person.
Senate, No. 2871 -- L.1985, c. 360
Senate Bill No. 2781, as amended by the Senate Law, Public
Safety and Defense Committee, prohibits as a crime of the
fourth degree the possession of a stun gun by any person,
including a law enforcement officer. A crime of the fourth
degree carries a penalty of imprisonment for up to 18 months,
a fine of up to $7,500, or both. Prior to being amended
the bill classified possession of a crime in the third degree.
{Editor’s Note: According to Len Lawson of NJ Legislative
Council, (609) 292-4625) NJ does not classify crimes in
felonies versus misdemeanors. The highest crimes are in
first degree on down to fourth degree. A fourth degree penalty
is a serious charge and is generally considered a misdemeanor
in common terms. It is however an indictable offense. A
fourth degree crime does contain "a presumption of
non-custodial sentencing," meaning that there is not
imprisonment if there are no prior convictions. In some
cases the sentencing is obviated from one’s record
if there is a period of good behavior following the charge.}
The committee amended the bill to include a provision authorizing
the Attorney General, at his discretion, to exempt law enforcement
officers from the prohibition against possession stun guns.
The bill also was amended by the committee to include stun
guns in the definition of "weapon" in paragraph
r. N.J.S. 2C:39-1.
(Chapter 2C:39-1)
(h) Stun guns. Any person who knowingly
has in his possession any stun gun is guilty of a crime
in the fourth degree.
SUMMARY: Possession is banned of Stunning
Devices in New Jersey.
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New York
Consolidated Law (McKinney’s) Book 39. Penal Law.
Article 265. Firearms and Other Dangerous Weapons 265.00
15-a. "Electronic dart gun" means any device
designed primarily as a weapon, the purpose of which is
to momentarily stun, knock out or paralyze a person by passing
an electrical shock to such person by means of a dart or
projectile.
15-c. "Electronic stun gun" means any device
designed primarily as a weapon, the purpose of which is
to momentarily stun, cause mental disorientation, knock
out or paralyze a person by passing a high voltage electrical
shock to such person.
Article 265.01 Criminal possession of a weapon in the fourth
degree. A person is guilty of criminal possession of a weapon
in the fourth degree when: (1) He possesses any firearm,
electronic dart gun, electronic stun gun ***; or ***
SUMMARY: Possession is banned of Stunning
Devices in New York.
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General
Laws of Rhode Island. Title 11, Chapter 47. Statute Subsection
11-47-42. Weapons other than firearms prohibited. - (A)
No person shall carry or possess or attempt to use against
another, any instrument or weapon of the kind commonly known
as a *** stun gun ***. Any person violating the provisions
of this subsection, shall be punished by a fine of not more
than five hundred dollars ($500), or by imprisonment for
not more than one (1) year, or both such fine and imprisonment,
and the weapon so found shall be confiscated.
SUMMARY: Possession and use of Stunning
Devices are banned.
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Wisconsin
Sta. Ann. Chapter 939. Crimes - General Provisions. Chapter
939.22 Words and phrases defined. (10) Dangerous weapon"
means any firearm, whether loaded or unloaded ***; any device
designed as a weapon and capable of producing great harm
***; any electric weapon, as defined in s. 941.295(4); or
any other device or instrumentality which, in the manner
it is used or intended to be used, is calculated or likely
to produce death or great bodily harm.
Chapter 941.295 Possession of electric weapon. Subsection
(1) On or after July 1, 1982, whoever sells, transports,
manufactures, possesses or goes armed with any electric
weapon is guilty of a Class E felony. Subsection (4) In
this section, "electric weapon" means any device
which is designed, redesigned, used or intended to be used,
offensively or defensively, to immobilize or incapacitate
persons by the use electric current.
SUMMARY: Possession and sales of Stunning
Devices are banned.
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Publisher’s Note: The following jurisdictions require
waiting periods or notifications to law enforcement officials
before weapons may be delivered to purchasers:
Chicago - application approval/denial for:
(1) Registration : 120 days
(2) Re-registration: e.g., by an heir,
365 days)
SUMMARY: Possession and sales of Stunning
Devices are banned in Chicago. (More information required
on City of Chicago Ordinance)
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(Including
Baltimore County) Baltimore City Code 115. Stun
guns and similar devices. (e) It shall be unlawful for any
person, firm, or corporation to sell, give away, lend, rent
or transfer to any individual, firm or corporation a stun
gun or other electronic device by whatever name or description
which discharges a non-projectile electric current within
the limits of the City of Baltimore. It further shall be
unlawful for any person to possess, fire or discharge any
such stun gun or electronic device within the City. Nothing
in this subsection shall be held to apply to any member
of the Baltimore City Police Department or any other law
enforcement officer while in the performance of his or her
official duty (Ord. 385. 1985).
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Sec.
8.404. Sale or possession of electronic weapons prohibited.
It shall be unlawful for any person, firm, or corporation
to sell, give away, lend, rent or transfer to any individual,
firm or corporation an electronic weapon within the limits
of Howard County. It further shall be unlawful for any person
to possess, fire, discharge or activate any electronic weapon
within the limits of Howard County. (C.B. 38 1985).
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Philadelphia City Ordinance. Statute 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. Nor 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
or not more than three hundred (300) dollars and /or imprisonment
for not more than ninety (90 days.)
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Administrative Code of the City of New York 10-135 Prohibition
on sale and possession of electronic stun guns.
a. As used in this section, "electronic
stun gun" shall mean any device designed primarily
as a weapon, the purpose of which is to stun, render unconscious
or paralyze a person by passing an electronic shock to such
person, but shall not include an "electronic dart gun"
as such term is defined in section 265.00 of the penal law.
b. It shall be unlawful for any person
to sell or offer for sale or to have in his or her possession
within the jurisdiction of the city any electronic gun.
c. Violation of this section shall be
a class A misdemeanor. [Exemptions under this section are
provided for police officers operating under regular department
procedures or guidelines and for manufacturers of electronic
stun guns scheduled for bulk shipment. NOTE: The electronic
stun gun is not a "firearm" under the Federal
Gun Control Act of 1968 because it does not "...expel
a projectile by the action of an explosive..."]
SUMMARY: Possession and sales of Stunning
Devices are banned in New York City
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