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Stun
Gun Laws & Restrictions
The below information is intended to
give you a starting point. It is the liability of the buyer and not the
ESLI Surveillance LLC and its suppliers to ascertain and obey all applicable
federal, state and local laws in regard to the possession and use of all
products on this site.
By placing an order the buyer represents that he/she is
of legal age, and that the
products will be used in a legal manner. ESLI Surveillance LLC (ESLI) cannot
assume any liability for the use of these products and recommend the buyer
become familiar with the laws in their city, state, province, that regulates the
use and possession of these products.
Consult your local and state authority
before ordering if you are in doubt.
|
State |
Consumer Use |
Restrictions |
|
Alabama |
Legal |
n/a |
|
Alaska |
Legal |
Under 18 and On school grounds if under
21 without permission from school
prohibited (11.61.210)
Class C felony if carried when violating
a protective order (11.61.200)
|
|
Arizona |
Legal |
n/a |
|
Arkansas |
Legal |
n/a |
|
California |
Legal |
Cannot possess Stun Gun in state or local
public building or public open meeting
(171b (a) (5)) or in sterile area of
airport (171.5)
|
|
Colorado |
Legal |
Use of stun gun in commission of
criminal offense is a Class 5 felony
(18-12-106.5)
|
|
Connecticut |
Legal in Home only |
Carrying of electronic defense weapon
unless peace officer is punishable by
fine of less than $500 or less than 3
years in prison or both (53-206);
Cannot have in vehicle (29-38);
Criminal use of electronic defense
weapon is Class D felony (53a-216);
Criminal possession of electronic
defense weapon is Class D felony
(53a-217)
|
|
Delaware |
Legal |
n/a |
|
District of Columbia |
Prohibited |
No person/organization may possess
unless they hold a valid registration
(7-2502.01)
No manufacturing of destructive device
within District and dealer must have
license (7-2504.01)
LE and military permitted use
|
|
Florida |
Legal with restrictions |
Cannot carry electric weapon or device
in concealed manner but can carry for
self-defense purposes a nonlethal remote
stun gun (790.01)
License to carry concealed electric
weapon or device (790.06)
Open carrying of weapons allowed for
nonlethal electric weapons that do not
fire a dart or projectile (790.053)
Must be authorized to have on school
ground or at school functions (790.115)
Use by under 16 only with adult
supervision; adult subject to penalty
(790.22)
|
|
Georgia |
Legal |
Not expressly mentioned in concealed
weapons statute (16-11-126)
Expressly mentioned to be prohibited
from being carried in school safety
zones, at school functions, or on school
property (16-11-127.1)
|
|
Hawaii |
Prohibited |
Electric guns are not to be possessed,
sold, given, or delivered except to law
enforcement (134.16)
Unlawful possession of electric gun is a
misdemeanor (134.17)
|
|
Idaho |
Legal |
n/a |
|
Illinois |
Prohibited - Requires firearm license -
Illinois residents may only purchase
from local authorized dealer |
Cannot carry/possess with unlawful
intent or concealed unless at home or
principal place of business (5/24-1)
More unlawful use limitations listed
punishable at various levels (5/24-1)
More aggravated unlawful use limitations
listed punishable as Class 4 felony
(5/24-1.6)
|
|
Indiana |
Legal |
tasers subject to requirement of handgun
license (35-47-8-4)
|
|
Iowa |
Legal except
Prohibited in Denison / Crawford County |
n/a |
|
Kansas |
Legal |
Weapons as to schools includes
electronic devices designed to discharge
immobilizing levels of electricity aka
stun gun (72-89a01)
|
|
Kentucky |
Legal |
n/a |
|
Louisiana |
Legal |
n/a |
|
Maine |
Legal |
n/a |
|
Maryland |
Legal except
Prohibited in Annapolis, Baltimore &
Howard County |
n/a |
|
Massachusetts |
Prohibited |
No person shall sell or possess
electrical weapons; punishable by fine
between $500-1000 or 6mos-2yrs in prison
or both
|
|
Michigan |
Prohibited |
Device capable of electro-muscular
disruption must contain identification
and tracking system that is traceable to
the purchaser through the manufacturer
Permitted possession and use by a peace
officer, employee of department of
corrections authorized by director,
local corrections officer authorized by
county sheriff, probation officer, court
officer, bail agent, license private
investigator, or properly trained
aircraft pilot or crew.
|
|
Minnesota |
Legal |
A person may use with reasonable force
in defense of person or property
Device must be labeled with or
ACompanied by instructions as to its
use and dangers
Devices must be according to local
licensing requirement
|
|
Mississippi |
Legal |
n/a |
|
Missouri |
Legal |
n/a |
|
Montana |
Legal |
n/a |
|
Nebraska |
Legal |
n/a |
|
Nevada |
Legal |
n/a |
|
New Hampshire |
Legal |
Felon possessing shall be guilty of
Class B felony (159:21)
Sales are restricted to persons 18 and
over (159:22)
Use against a LE officer or another
person with intent to commit a crime is
punishable as a misdemeanor or felony
(159:23)
|
|
New Jersey |
Prohibited |
Any person who knowingly has in his
possession any stun gun is guilty of a
crime of the 4th degree (2C:39-3
|
|
New Mexico |
Legal |
n/a |
|
New York |
Prohibited |
n/a |
|
North Carolina |
Legal |
Unlawful to carry stun gun in a
concealed manner punishable as a Class 2
misdemeanor (14-269)
Stun guns allowed openly on educational
property (14-269.2)
Stun guns allowed to be carried openly
by felons (14-415.1)
|
|
North Dakota |
Legal |
Possession in liquor establishment or
gaming site prohibited (62.1-02-04)
Other than LE, cannot carry in concealed
manner (62.1-04-02)
License to carry concealed dangerous
weapon (62.1-04-03)
|
|
Ohio |
Legal |
n/a |
|
Oklahoma |
Legal |
Use of electronic dart gun while
committing felony shall be guilty of
separate offense (1287)
Electric dart gun not listed in Unlawful
Carry statute (1272)
|
|
Oregon |
Legal |
Reckless discharge of electrical stun
gun against another person is a Class A
misdemeanor
Knowing discharge of electrical stun gun
against a LE officer, EMT… is a Class C
felony
|
|
Pennsylvania |
Legal except
Prohibited in Philadelphia |
Possession or use of electronic
incapacitation device for unlawful
purpose constitutes a 2nd degree felony
with intent or 1st degree misdemeanor
otherwise (908.1)
A person may use with reasonable force
in defense of person or property (908.1)
No person prohibited from possessing
firearm may possess electronic
incapacitation device (908.1)
|
|
Rhode Island |
Prohibited |
No person shall carry or possess or
attempt to use against another
No person shall carry concealed upon his
person
Punishable by fine less than $1,000 or
imprisonment for less than 1 year or
both and weapon shall be confiscated
|
|
South Carolina |
Legal |
n/a |
|
South Dakota |
Legal |
Commission of felony while armed with
stun gun is Class 5 felony (22-14-13.1)
|
|
Tennessee |
Legal |
Applicants for private security
officer/guard registration who will
carry stun gun must obtain certified
training (62-35-118)
|
|
Texas |
Legal |
n/a |
|
Utah |
Legal |
n/a |
|
Vermont |
Legal |
n/a |
|
Virginia |
Legal |
Possession or transportation of Stun Gun by
convicted felon is Class 6 felony
(18.2-308.2)
|
|
Washington |
Legal |
n/a |
|
West Virginia |
Legal |
n/a |
|
Wisconsin |
Prohibited |
Selling, transporting, manufacturing or
going armed with electric weapon is a
Class H felony
Not applicable to peace officers,
military, and corrections personnel
|
|
Wyoming |
Legal |
n/a |
State Statutes Regarding Stun Gun and Stun
Gun
Use (Detail)
|
State |
Citation |
|
Alabama |
Section
13A-1-2 Definitions.
(5) Dangerous Instrument. Any
instrument, article, or substance which,
under the circumstances in which it is
used, attempted to be used, or
threatened to be used, is highly capable
of causing death or serious physical
injury. The term includes a "vehicle,"
as that term is defined in subdivision
(15).
(7) Deadly Weapon. A firearm or anything
manifestly designed, made, or adapted
for the purposes of inflicting death or
serious physical injury. The term
includes, but is not limited to, a
pistol, rifle, or shotgun; or a
switch-blade knife, gravity knife,
stiletto, sword, or dagger; or any billy,
black-jack, bludgeon, or metal knuckles.
(14) Serious Physical Injury. Physical
injury which creates a substantial risk
of death, or which causes serious and
protracted disfigurement, protracted
impairment of health, or protracted loss
or impairment of the function of any
bodily organ.
|
|
Alaska |
Sec.
11.81.900. Definitions.
(19) "defensive weapon" means an
electric stun gun, or a device to
dispense mace or a similar chemical
agent, that is not designed to cause
death or serious physical injury
Sec. 11.61.200. Misconduct involving
weapons in the third degree
(a) A person commits the crime of
misconduct involving weapons in the
third degree if the person
(9) communicates in person with another
in violation of AS 11.56.740 [Violating
a protective order] and, during the
communication, possesses on the person a
defensive weapon or a deadly weapon,
other than an ordinary pocketknife
(i) Misconduct involving weapons in the
third degree is a class C felony.
Sec. 11.61.210. Misconduct involving
weapons in the fourth degree
(a) A person commits the crime of
misconduct involving weapons in the
fourth degree if the person
(6) knowingly sells a firearm or a
defensive weapon to a person under 18
years of age;
(7) other than a preschool, elementary,
junior high, or secondary school
student, knowingly possesses a deadly
weapon or a defensive weapon, without
the permission of the chief
administrative officer of the school or
district or the designee of the chief
administrative officer, within the
buildings of, on the grounds of, or on
the school parking lot of a public or
private preschool, elementary, junior
high, or secondary school, on a school
bus while being transported to or from
school or a school-sponsored event, or
while participating in a
school-sponsored event, except that a
person 21 years of age or older may
possess
(B) a defensive weapon;
(8) being a preschool, elementary,
junior high, or secondary school
student, knowingly possesses a deadly
weapon or a defensive weapon, within the
buildings of, on the grounds of, or on
the school parking lot of a public or
private preschool, elementary, junior
high, or secondary school, on a school
bus while being transported to or from
school or a school-sponsored event, or
while participating in a
school-sponsored event, except that a
student may possess a deadly weapon,
other than a firearm as defined under 18
U.S.C. 921, or a defensive weapon if the
student has obtained the prior
permission of the chief administrative
officer of the school or district or the
designee of the chief administrative
officer for the possession.
(d) Misconduct involving weapons in the
fourth degree is a class A misdemeanor.
|
|
Arizona |
§ 13-105.
Definitions
11. "Dangerous instrument" means
anything that under the circumstances in
which it is used, attempted to be used
or threatened to be used is readily
capable of causing death or serious
physical injury.
12. "Deadly physical force" means force
which is used with the purpose of
causing death or serious physical injury
or in the manner of its use or intended
use is capable of creating a substantial
risk of causing death or serious
physical injury. 13. "Deadly weapon"
means anything designed for lethal use.
The term includes a firearm.
17. "Firearm" means any loaded or
unloaded handgun, pistol, revolver,
rifle, shotgun or other weapon which
will or is designed to or may readily be
converted to expel a projectile by the
action of expanding gases, except that
it does not include a firearm in
permanently inoperable condition.
34. "Serious physical injury" includes
physical injury which creates a
reasonable risk of death, or which
causes serious and permanent
disfigurement, serious impairment of
health or loss or protracted impairment
of the function of any bodily organ or
limb.
|
|
Arkansas |
§
5-1-102. Definitions
(4) "Deadly weapon" means:
(A) A firearm or anything manifestly
designed, made, or adapted for the
purpose of inflicting death or serious
physical injury; or
(B) Anything that in the manner of its
use or intended use is capable of
causing death or serious physical injury
(19) "Serious physical injury" means
physical injury that creates a
substantial risk of death or that causes
protracted disfigurement, protracted
impairment of health, or loss or
protracted impairment of the function of
any bodily member or organ
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|
California |
§ 244.5.
Assault with stun gun
(a) As used in this section, "stun gun"
means any item, except a Stun Gun, used or
intended to be used as either an
offensive or defensive weapon that is
capable of temporarily immobilizing a
person by the infliction of an
electrical charge.
(b) Every person who commits an assault
upon the person of another with a stun
gun shall be punished by
imprisonment in a county jail for a term
not exceeding one year, or by
imprisonment in the state prison for 16
months, two, or three years.
(c) Every person who commits an assault
upon the person of a peace officer or
firefighter with a stun gun,
who knows or reasonably should know that
the person is a peace officer or
firefighter engaged in the performance
of his or her duties, when the peace
officer or firefighter is engaged in the
performance of his or her duties, shall
be punished by imprisonment in the
county jail for a term not exceeding one
year, or by imprisonment in the state
prison for two, three, or four years.
(d) This section shall not be construed
to prECude or in any way limit the
applicability of Section 245 in any
criminal prosecution.
§ 171b. Possessing weapon in state or
local public building or public open
meeting
(a) Any person who brings or possesses
within any state or local public
building or at any meeting required to
be open to the public pursuant to
Chapter 9 (commencing with Section
54950) of Part 1 of Division 2 of Title
5 of, or Article 9 (commencing with
Section 11120) of Chapter 1 of Part 1 of
Division 3 of Title 2 of, the Government
Code, any of the following is guilty of
a public offense punishable by
imprisonment in a county jail for not
more than one year, or in the state
prison:
(5) Any stun gun, as defined in
Section 244.5.
§ 171.5. Possession of specified
weapon in sterile area of airport
(b) It is unlawful for any person to
knowingly possess within any sterile
area of an airport, any of the items
listed in subdivision (c).
(c) The following items are unlawful to
possess as provided in subdivision (b):
(10) Any stun gun, as defined
in Section 244.5.
(d) Subdivision (b) shall not apply to,
or affect, any of the following:
§ 626.10. Possession of other weapons
in public or private educational
institution; Exceptions
(a) Any person, except a duly appointed
peace officer as defined in Chapter 4.5
(commencing with Section 830) of Title 3
of Part 2, a full-time paid peace
officer of another state or the federal
government who is carrying out official
duties while in this state, a person
summoned by any officer to assist in
making arrests or preserving the peace
while the person is actually engaged in
assisting any officer, or a member of
the military forces of this state or the
United States who is engaged in the
performance of his or her duties, who
brings or possesses any dirk, dagger,
ice pick, knife having a blade longer
than 2 1/2 inches, folding knife with a
blade that locks into place, a razor
with an unguarded blade, a stun gun, as defined in subdivision (a)
of Section 244.5, any instrument that
expels a metallic projectile such as a
BB or a pellet, through the force of air
pressure, CO[2] pressure, or spring
action, or any spot marker gun, upon the
grounds of, or within, any public or
private school providing instruction in
kindergarten or any of grades 1 to 12,
inclusive, is guilty of a public
offense, punishable by imprisonment in a
county jail not exceeding one year, or
by imprisonment in the state prison.
§ 12601. "Less lethal weapon"; "Less
lethal ammunition"
(a) "Less lethal weapon" means any
device that is designed to or that has
been converted to expel or propel less
lethal ammunition by any action,
mechanism, or process for the purpose of
incapacitating, immobilizing, or
stunning a human being through the
infliction of any less than lethal
impairment of physical condition,
function, or senses, including physical
pain or discomfort. It is not necessary
that a weapon leave any lasting or
permanent incapacitation, discomfort,
pain, or other injury or disability in
order to qualify as a less lethal
weapon.
(c) "Less lethal ammunition" means any
ammunition that (1) is designed to be
used in any less lethal weapon or any
other kind of weapon (including, but not
limited to, firearms, pistols,
revolvers, shotguns, rifles, and spring,
compressed air, and compressed gas
weapons) and (2) when used in the less
lethal weapon or other weapon is
designed to immobilize or incapacitate
or stun a human being through the
infliction of any less than lethal
impairment of physical condition,
function, or senses, including physical
pain or discomfort.
§ 12650. "Stun gun"
"Stun gun" as used in this chapter shall
include any item, except a Stun Gun, used
or intended to be used as either an
offensive or defensive weapon capable of
temporarily immobilizing a person by the
infliction of an electrical charge
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Colorado |
18-12-101. Definitions
(i.5) "Stun gun" means a device capable
of temporarily immobilizing a person by
the infliction of an electrical charge.
18-12-106.5. Use of stun guns
A person commits a class 5 felony if he
knowingly and unlawfully uses a stun gun
in the commission of a criminal offense.
|
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Connecticut |
§ 53a-3.
Definitions.
(20) "Electronic defense weapon" means a
weapon which by electronic impulse or
current is capable of immobilizing a
person temporarily, but is not capable
of inflicting death or serious physical
injury
§ 53a-216. Criminal use of firearm or
electronic defense weapon: Class D
felony.
(a) A person is guilty of criminal use
of a firearm or electronic defense
weapon when he commits any class A, B or
C or unclassified felony as defined in
section 53a-25 and in the commission of
such felony he uses or threatens the use
of a pistol, revolver, machine gun,
shotgun, rifle or other firearm or
electronic defense weapon. No person
shall be convicted of criminal use of a
firearm or electronic defense weapon and
the underlying felony upon the same
transaction but such person may be
charged and prosecuted for both such
offenses upon the same information.
(b) Criminal use of a firearm or
electronic defense weapon is a class D
felony for which five years of the
sentence imposed may not be suspended or
reduced by the court.
§ 53a-217. Criminal possession of a
firearm or electronic defense weapon:
Class D felony.
(a) A person is guilty of criminal
possession of a firearm or electronic
defense weapon when such person
possesses a firearm or electronic
defense weapon and (1) has been
convicted of a felony, (2) has been
convicted as delinquent for the
commission of a serious juvenile
offense, as defined in section 46b-120,
(3) knows that such person is subject to
a restraining or protective order issued
by a court, after notice and an
opportunity to be heard has been
provided to such person, in a case
involving the use, attempted use or
threatened use of physical force against
another person, or (4) knows that such
person is subject to a firearms seizure
order issued pursuant to subsection (d)
of section 29-38c after notice and an
opportunity to be heard has been
provided to such person. For the
purposes of this section, "convicted"
means having a judgment of conviction
entered by a court of competent
jurisdiction.
(b) Criminal possession of a firearm or
electronic defense weapon is a class D
felony, for which two years of the
sentence imposed may not be suspended or
reduced by the court.
§ 53-206. Carrying of dangerous
weapons prohibited.
(a) Any person who carries upon one's
person any BB. gun, blackjack, metal or
brass knuckles, or any dirk knife, or
any switch knife, or any knife having an
automatic spring release device by which
a blade is released from the handle,
having a blade of over one and one-half
inches in length, or stiletto, or any
knife the edged portion of the blade of
which is four inches or over in length,
any police baton or nightstick, or any
martial arts weapon or electronic
defense weapon, as defined in section
53a-3, or any other dangerous or deadly
weapon or instrument, shall be fined not
more than five hundred dollars or
imprisoned not more than three years or
both. Whenever any person is found
guilty of a violation of this section,
any weapon or other instrument within
the provisions of this section, found
upon the body of such person, shall be
forfeited to the municipality wherein
such person was apprehended,
notwithstanding any failure of the
judgment of conviction to expressly
impose such forfeiture.
(b) The provisions of this section shall
not apply to (1) any officer charged
with the preservation of the public
peace while engaged in the pursuit of
such officer's official duties; (2) the
carrying of a baton or nightstick by a
security guard while engaged in the
pursuit of such guard's official duties;
(3) the carrying of a knife, the edged
portion of the blade of which is four
inches or over in length, by (A) any
member of the armed forces of the United
States, as defined in section 27-103, or
any reserve component thereof, or of the
armed forces of this state, as defined
in section 27-2, when on duty or going
to or from duty, (B) any member of any
military organization when on parade or
when going to or from any place of
assembly, (C) any person while
transporting such knife as merchandise
or for display at an authorized gun or
knife show, (D) any person who is found
with any such knife concealed upon one's
person while lawfully removing such
person's household goods or effects from
one place to another, or from one
residence to another, (E) any person
while actually and peaceably engaged in
carrying any such knife from such
person's place of abode or business to a
place or person where or by whom such
knife is to be repaired, or while
actually and peaceably returning to such
person's place of abode or business with
such knife after the same has been
repaired, (F) any person holding a valid
hunting, fishing or trapping license
issued pursuant to chapter 490 or any
salt water fisherman carrying such knife
for lawful hunting, fishing or trapping
activities, or (G) any person while
participating in an authorized historic
reenactment; (4) the carrying by any
person enrolled in or currently
attending, or an instructor at, a
martial arts school of a martial arts
weapon while in a class or at an
authorized event or competition or while
transporting such weapon to or from such
class, event or competition; (5) the
carrying of a BB. gun by any person
taking part in a supervised event or
competition of the Boy Scouts of America
or the Girl Scouts of America or in any
other authorized event or competition
while taking part in such event or
competition or while transporting such
weapon to or from such event or
competition; and
(6) the carrying of a BB. gun by any
person upon such person's own property
or the property of another person
provided such other person has
authorized the carrying of such weapon
on such property, and the transporting
of such weapon to or from such property.
§ 53-206e. Limitation on sale and use
of laser pointers.
(a) As used in this section, "laser
pointer" means a hand-held device that
emits a laser light beam and is designed
to be used by the operator to indicate,
mark or identify a specific position,
place, item or object.
(b) No person shall sell, offer to sell,
lease, give or otherwise provide a laser
pointer to a person under eighteen years
of age, except as provided in subsection
(d) of this section.
(c) No person under eighteen years of
age shall possess a laser pointer on
school grounds or in any public place,
except as provided in subsection (d) of
this section.
(d) A person may temporarily transfer a
laser pointer to a person under eighteen
years of age for an educational or other
lawful purpose provided the person to
whom the laser pointer is temporarily
transferred is under the direct
supervision of a parent, legal guardian,
teacher, employer or other responsible
adult.
(e) No person shall shine, point or
focus a laser pointer, directly or
indirectly, upon or at another person in
a manner that can reasonably be expected
to cause harassment, annoyance or fear
of injury to such other person.
(f) Any person who violates any
provision of this section shall have
committed an infraction.
§ 29-38. Weapons in vehicles.
(a) Any person who knowingly has, in any
vehicle owned, operated or occupied by
such person, any weapon, any pistol or
revolver for which a proper permit has
not been issued as provided in section
29-28 or any machine gun which has not
been registered as required by section
53-202, shall be fined not more than one
thousand dollars or imprisoned not more
than five years or both, and the
presence of any such weapon, pistol or
revolver, or machine gun in any vehicle
shall be prima facie evidence of a
violation of this section by the owner,
operator and each occupant thereof. The
word "weapon", as used in this section,
means any BB. gun, any blackjack, any
metal or brass knuckles, any police
baton or nightstick, any dirk knife or
switch knife, any knife having an
automatic spring release device by which
a blade is released from the handle,
having a blade of over one and one-half
inches in length, any stiletto, any
knife the edged portion of the blade of
which is four inches or over in length,
any martial arts weapon or electronic
defense weapon, as defined in section
53a-3, or any other dangerous or deadly
weapon or instrument.
(b) The provisions of this section shall
not apply to: (1) Any officer charged
with the preservation of the public
peace while engaged in the pursuit of
such officer's official duties; (2) any
security guard having a baton or
nightstick in a vehicle while engaged in
the pursuit of such guard's official
duties; (3) any person enrolled in and
currently attending a martial arts
school, with official verification of
such enrollment and attendance, or any
certified martial arts instructor,
having any such martial arts weapon in a
vehicle while traveling to or from such
school or to or from an authorized event
or competition; (4) any person having a
BB. gun in a vehicle provided such
weapon is unloaded and stored in the
trunk of such vehicle or in a locked
container other than the glove
compartment or console; and (5) any
person having a knife, the edged portion
of the blade of which is four inches or
over in length, in a vehicle if such
person is (A) any member of the armed
forces of the United States, as defined
in section 27-103, or any reserve
component thereof, or of the armed
forces of this state, as defined in
section 27-2, when on duty or going to
or from duty, (B) any member of any
military organization when on parade or
when going to or from any place of
assembly, (C) any person while
transporting such knife as merchandise
or for display at an authorized gun or
knife show, (D) any person while
lawfully removing such person's
household goods or effects from one
place to another, or from one residence
to another, (E) any person while
actually and peaceably engaged in
carrying any such knife from such
person's place of abode or business to a
place or person where or by whom such
knife is to be repaired, or while
actually and peaceably returning to such
person's place of abode or business with
such knife after the same has been
repaired, (F) any person holding a valid
hunting, fishing or trapping license
issued pursuant to chapter 490 or any
salt water fisherman while having such
knife in a vehicle for lawful hunting,
fishing or trapping activities, or (G)
any person participating in an
authorized historic reenactment.
|
|
Delaware |
§ 222.
General definitions
(4) "Dangerous instrument" means any
instrument, article or substance which,
under the circumstances in which it is
used, attempted to be used or threatened
to be used, is readily capable of
causing death or serious physical
injury, or any disabling chemical spray,
as defined in subdivision (6) of this
section.
(5) "Deadly weapon" includes a firearm,
as defined in subdivision (11) of this
section, a bomb, a knife of any sort
(other than an ordinary pocketknife
carried in a closed position),
switchblade knife, billy, blackjack,
bludgeon, metal knuckles, slingshot,
razor, bicycle chain or ice pick or any
dangerous instrument, as defined in
subdivision (4) of this section, which
is used, or attempted to be used, to
cause death or serious physical injury.
For the purpose of this definition, an
ordinary pocketknife shall be a folding
knife having a blade not more than 3
inches in length.
(11) "Firearm" includes any weapon from
which a shot, projectile or other object
may be discharged by force of
combustion, explosive, gas and/or
mechanical means, whether operable or
inoperable, loaded or unloaded. It does
not include a BB gun. |
|
District of
Columbia |
§
7-2501.01. Definitions [Formerly §
6-2302]
(7) "Destructive device" means:
(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
§ 7-2502.01. Registration
requirements [Formerly § 6-2311]
(a) Except as otherwise provided in this
unit, 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
the person or organization holds a valid
registration certificate for the
firearm. A registration certificate may
be issued:
(1) To an organization if:
(A) The organization employs at least 1
commissioned special police officer or
employee licensed to carry a firearm
whom the organization arms during the
employee's duty hours; and
(B) The registration is issued in the
name of the organization and in the name
of the president or chief executive
officer of the organization;
(2) In the discretion of the Chief of
Police, to a police officer who has
retired from the Metropolitan Police
Department; or
(3) In the discretion of the Chief of
Police, to the Fire Marshal and any
member of the Fire and Arson
Investigation Unit of the Fire
Prevention Bureau of the Fire Department
of the District of Columbia, who is
designated in writing by the Fire Chief,
for the purpose of enforcing the arson
and fire safety laws of the District of
Columbia.
(b) Subsection (a) of this section shall
not apply to:
(1) Any law enforcement officer or agent
of the District or the United States, or
any law enforcement officer or agent of
the government of any state or
subdivision thereof, or any member of
the armed forces of the United States,
the National Guard or organized
reserves, when such officer, agent, or
member is authorized to possess such a
firearm or device while on duty in the
performance of official authorized
functions;
(2) Any person holding a dealer's
license; provided, that the firearm or
destructive device is:
(A) Acquired by such person in the
normal conduct of business;
(B) Kept at the place described in the
dealer's license; and
(C) Not kept for such person's private
use or protection, or for the protection
of his business
§ 7-2504.01. Manufacture of firearms,
destructive devices or ammunition
prohibited; requirement for dealer's
license [Formerly § 6-2341]
(a) No person or organization shall
manufacture any firearm, destructive
device or parts thereof, or ammunition,
within the District; provided, that
persons holding registration
certificates may engage in hand loading,
reloading, or custom loading ammunition
for his registered firearms; provided
further, that such person may not hand
load, reload, or custom load ammunition
for others.
(b) No person or organization shall
engage in the business of selling,
purchasing, or repairing any firearm,
destructive device, parts therefore, or
ammunition, without first obtaining a
dealer's license, and no licensee shall
engage in the business of selling,
purchasing, or repairing firearms which
are unregistered under § 7-2502.02,
destructive devices, or parts therefore,
except pursuant to a valid work or
purchase order, for those persons
specified in § 7-2502.01(b)(1).
§ 7-2505.01. Sales and transfers
prohibited [Formerly § 6-2351]
No person or organization shall sell,
transfer or otherwise dispose of any
firearm, destructive device or
ammunition in the District except as
provided in § 7-2502.10(c), § 7-2505.02,
or § 7-2507.05. |
|
Florida |
§
790.001. Definitions
(14) "Electric weapon or device" means
any device which, through the
application or use of electrical
current, is designed, redesigned, used,
or intended to be used for offensive or
defensive purposes, the destruction of
life, or the infliction of injury
(15) "Remote stun gun" means any
nonlethal device with a tethered range
not to exceed 16 feet and which shall
utilize an identification and tracking
system which, upon use, disperses coded
material traceable to the purchaser
through records kept by the manufacturer
on all remote stun guns and all
individual cartridges sold which
information shall be made available to
any law enforcement agency upon request.
§ 790.01. Carrying concealed weapons
(1) Except as provided in subsection
(4), a person who carries a concealed
weapon or electric weapon or device on
or about his or her person commits a
misdemeanor of the first degree,
punishable as provided in s. 775.082 or
s. 775.083.
(4) It is not a violation of this
section for a person to carry for
purposes of lawful self-defense, in a
concealed manner:
(a) A self-defense chemical spray.
(b) A nonlethal stun gun or remote stun
gun or other nonlethal electric weapon
or device which does not fire a dart or
projectile and is designed solely for
defensive purposes.
(5) This section does not prECude any
prosecution for the use of an electric
weapon or device or remote stun gun or
self-defense chemical spray during the
commission of any criminal offense under
s. 790.07, s. 790.10, s. 790.23, or s.
790.235, or for any other criminal
offense.
§ 790.06. License to carry concealed
weapon or firearm
(1) The Department of Agriculture and
Consumer Services is authorized to issue
licenses to carry concealed weapons or
concealed firearms to persons qualified
as provided in this section. Each such
license must bear a color photograph of
the licensee. For the purposes of this
section, concealed weapons or concealed
firearms are defined as a handgun,
electronic weapon or device, tear gas
gun, knife, or billie, but the term does
not include a machine gun as defined in
s. 790.001(9). Such licenses shall be
valid throughout the state for a period
of 5 years from the date of issuance.
Any person in compliance with the terms
of such license may carry a concealed
weapon or concealed firearm
notwithstanding the provisions of s.
790.01. The licensee must carry the
license, together with valid
identification, at all times in which
the licensee is in actual possession of
a concealed weapon or firearm and must
display both the license and proper
identification upon demand by a law
enforcement officer. Violations of the
provisions of this subsection shall
constitute a noncriminal violation with
a penalty of $ 25, payable to the clerk
of the court.
§ 790.053. Open carrying of weapons
(1) Except as otherwise provided by law
and in subsection (2), it is unlawful
for any person to openly carry on or
about his or her person any firearm or
electric weapon or device.
(2) A person may openly carry, for
purposes of lawful self-defense:
(a) A self-defense chemical spray.
(b) A nonlethal stun gun or remote stun
gun or other nonlethal electric weapon
or device which does not fire a dart or
projectile and is designed solely for
defensive purposes.
(3) Any person violating this section
commits a misdemeanor of the second
degree, punishable as provided in s.
775.082 or s. 775.083.
§ 790.054. Prohibited use of
self-defense weapon or device against
law enforcement officer; penalties
A person who knowingly and willfully
uses a self-defense chemical spray or a
nonlethal stun gun or other nonlethal
electric weapon or device or remote stun
gun against a law enforcement officer
engaged in the performance of his or her
duties commits a felony of the third
degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
|
|
Georgia |
§
16-11-106. Possession of firearm or
knife during commission of or attempt to
commit certain crimes
(a) For the purposes of this Code
section, the term "firearm" shall
include stun guns. A stun gun
is any device that is powered
by electrical charging units such as
batteries and emits an electrical charge
in excess of 20,000 volts or is
otherwise capable of incapacitating a
person by an electrical charge.
§ 16-11-126. Carrying a concealed
weapon
(a) A person commits the offense of
carrying a concealed weapon when such
person knowingly has or carries about
his or her person, unless in an open
manner and fully exposed to view, any
bludgeon, metal knuckles, firearm, knife
designed for the purpose of offense and
defense, or any other dangerous or
deadly weapon or instrument of like
character outside of his or her home or
place of business, except as permitted
under this Code section. (b) Upon
conviction of the offense of carrying a
concealed weapon, a person shall be
punished as follows:
(1) For the first offense, he or she
shall be guilty of a misdemeanor; and
(2) For the second offense, and for any
subsequent offense, he or she shall be
guilty of a felony and, upon conviction
thereof, shall be imprisoned for not
less than two years and not more than
five years.
(c) This Code section shall not permit,
outside of his or her home, motor
vehicle, or place of business, the
concealed carrying of a pistol,
revolver, or concealable firearm by any
person unless that person has on his or
her person a valid license issued under
Code Section 16-11-129 and the pistol,
revolver, or firearm may only be carried
in a shoulder holster, waist belt
holster, any other holster, hip grip, or
any other similar device, in which event
the weapon may be concealed by the
person's clothing, or a handbag, purse,
attaché case, briefcase, or other closed
container. Carrying on the person in a
concealed manner other than as provided
in this subsection shall not be
permitted and shall be a violation of
this Code section.
(d) This Code section shall not forbid
the transportation of any firearm by a
person who is not among those enumerated
as ineligible for a license under Code
Section 16-11-129, provided the firearm
is enclosed in a case, unloaded, and
separated from its ammunition. This Code
section shall not forbid any person who
is not among those enumerated as
ineligible for a license under Code
Section 16-11-129 from transporting a
loaded firearm in any private passenger
motor vehicle in an open manner and
fully exposed to view or in the glove
compartment, console, or similar
compartment of the vehicle; provided,
however, that any person in possession
of a valid permit issued pursuant to
Code Section 16-11-129 may carry a
handgun in any location in a motor
vehicle.
§ 16-11-127.1. Carrying weapons
within school safety zones, at school
functions, or on school property
(a) As used in this Code section, the
term:
(2) "Weapon" means and includes any
pistol, revolver, or any weapon designed
or intended to propel a missile of any
kind, or any dirk, bowie knife,
switchblade knife, ballistic knife, any
other knife having a blade of two or
more inches, straight-edge razor, razor
blade, spring stick, metal knuckles,
blackjack, any bat, club, or other
bludgeon-type weapon, or any flailing
instrument consisting of two or more
rigid parts connected in such a manner
as to allow them to swing freely, which
may be known as a nun chahka, nun chuck,
nunchaku, shuriken, or fighting chain,
or any disc, of whatever configuration,
having at least two points or pointed
blades which is designed to be thrown or
propelled and which may be known as a
throwing star or oriental dart, or any
weapon of like kind, and any stun gun as defined in subsection (a) of
Code Section 16-11-106. This paragraph
excludes any of these instruments used
for classroom work authorized by the
teacher. |
|
Hawaii |
§ 134-1.
Definitions
"Electric gun" means any portable device
that is electrically operated to project
a missile or electromotive force. It
does not include any electric livestock
prod used in animal husbandry and any
automatic external defibrillator used in
emergency medical situations.
§ 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.
(c) This section shall not apply to law
enforcement officers of county police
and sheriff departments of this State,
or vendors providing electric guns to
those entities; provided that electric
guns shall at all times remain in the
custody and control of the county police
or sheriff departments.
(d) The county police and sheriff
departments of this State shall maintain
records regarding every electric gun in
their custody and control. Such records
shall report every instance of usage of
the electric guns; in particular,
records shall be maintained in a similar
manner as for those of discharging of
firearms. The county police and sheriff
departments shall annually report to the
legislature regarding these records
twenty days before the beginning of each
session.
§ 134-17. Penalties
(c) Any person who violates section
134-2, 134-4, 134-10, 134-15, or
134-16(a) shall be guilty of a
misdemeanor.
|
|
Idaho |
§
18-3301. Deadly weapon -- Possession
with intent to assault
Every person having upon him any deadly
weapon with intent to assault another is
guilty of a misdemeanor.
§ 18-3302D. Possessing weapons or
firearms on school property
(1) (a) It shall be unlawful and is a
misdemeanor for any person to possess a
firearm or other deadly or dangerous
weapon while on the property of a school
or in those portions of any building,
stadium or other structure on school
grounds which, at the time of the
violation, were being used for an
activity sponsored by or through a
school in this state or while riding
school provided transportation.
(b) The provisions of this section
regarding the possession of a firearm or
other deadly or dangerous weapon on
school property shall also apply to
students of schools while attending or
participating in any school sponsored
activity, program or event regardless of
location. (2) Definitions. As used in
this section:
(a) "Deadly or dangerous weapon" means
any weapon as defined in 18 U.S.C.
section 930; [§ 930. Possession of
firearms and dangerous weapons in
Federal facilities; (2) The term
"dangerous weapon" means a weapon,
device, instrument, material, or
substance, animate or inanimate, that is
used for, or is readily capable of,
causing death or serious bodily injury,
except that such term does not include a
pocket knife with a blade of less than 2
1/2 inches in length.]
|
|
Illinois |
§ 720
ILCS 5/24-1. Unlawful Use of Weapons
(a) A person commits the offense of
unlawful use of weapons when he
knowingly:
(2) Carries or possesses with intent to
use the same unlawfully against another,
a dagger, dirk, billy, dangerous knife,
razor, stiletto, broken bottle or other
piece of glass, stun gun or any
other dangerous or deadly weapon or
instrument of like character; or
(4) Carries or possesses in any vehicle
or concealed on or about his person
except when on his land or in his own
abode or fixed place of business any
pistol, revolver, stun gun or
other firearm, except that this
subsection (a)(4) does not apply to or
affect transportation of weapons that
meet one of the following conditions:
(i) are broken down in a non-functioning
state; or (ii) are not immediately
Accessible; or (iii) are unloaded and
enclosed in a case, firearm carrying
box, shipping box, or other container by
a person who has been issued a currently
valid Firearm Owner's Identification
Card; or
(8) Carries or possesses any firearm,
stun gun or other deadly weapon
in any place which is licensed to sell
intoxicating beverages, or at any public
gathering held pursuant to a license
issued by any governmental body or any
public gathering at which an admission
is charged, excluding a place where a
showing, demonstration or lecture
involving the exhibition of unloaded
firearms is conducted.
(9) Carries or possesses in a vehicle or
on or about his person any pistol,
revolver, stun gun or firearm
or ballistic knife, when he is hooded,
robed or masked in such manner as to
conceal his identity; or
(10) Carries or possesses on or about
his person, upon any public street,
alley, or other public lands within the
corporate limits of a city, village or
incorporated town, except when an
invitee thereon or therein, for the
purpose of the display of such weapon or
the lawful commerce in weapons, or
except when on his land or in his own
abode or fixed place of business, any
pistol, revolver, stun gun or
other firearm, except that this
subsection (a)(10) does not apply to or
affect transportation of weapons that
meet one of the following conditions:
(i) are broken down in a non-functioning
state; or (ii) are not immediately
Accessible; or (iii) are unloaded and
enclosed in a case, firearm carrying
box, shipping box, or other container by
a person who has been issued a currently
valid Firearm Owner's Identification
Card.
A "stun gun", as used in this
paragraph (a) means (i) any device which
is powered by electrical charging units,
such as, batteries, and which fires one
or several barbs attached to a length of
wire and which, upon hitting a human,
can send out a current capable of
disrupting the person's nervous system
in such a manner as to render him
incapable of normal functioning or (ii)
any device which is powered by
electrical charging units, such as
batteries, and which, upon contact with
a human or clothing worn by a human, can
send out current capable of disrupting
the person's nervous system in such a
manner as to render him incapable of
normal functioning…
(b) Sentence. A person convicted of a
violation of subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10), or
subsection 24-1(a)(11) commits a Class A
misdemeanor. A person convicted of a
violation of subsection 24-1(a)(8) or
24-1(a)(9) commits a Class 4 felony; a
person convicted of a violation of
subsection 24-1(a)(6) or 24-1(a)(7)(ii)
or (iii) commits a Class 3 felony. A
person convicted of a violation of
subsection 24-1(a)(7)(i) commits a Class
2 felony, unless the weapon is possessed
in the passenger compartment of a motor
vehicle as defined in Section 1-146 of
the Illinois Vehicle Code, or on the
person, while the weapon is loaded, in
which case it shall be a Class X felony.
A person convicted of a second or
subsequent violation of subsection
24-1(a)(4), 24-1(a)(8), 24-1(a)(9), or
24-1(a)(10) commits a Class 3 felony.
(c) Violations in specific places.
(1.5) A person who violates subsection
[24-1(a)(4)] in any school…, in
residential property owned, operated, or
managed by a public housing agency…, in
a public park, in a courthouse, on the
real property comprising any school…, ,
on the real property comprising any
public park, on the real property
comprising any courthouse, in any
conveyance owned, leased, or contracted
by a school to transport students to or
from school or a school related
activity, or on any public way within
1,000 feet of the real property
comprising any school, public park,
courthouse, or residential property
owned, operated, or managed by a public
housing agency or leased by a public
housing agency as part of a scattered
site or mixed-income development commits
a Class 3 felony.
(2) A person who violates subsection
[24-1(a)(2)] in any school…, in
residential property owned, operated, or
managed by a public housing agency…, in
a public park, in a courthouse, on the
real property comprising any school…, ,
on the real property comprising any
public park, on the real property
comprising any courthouse, in any
conveyance owned, leased, or contracted
by a school to transport students to or
from school or a school related
activity, or on any public way within
1,000 feet of the real property
comprising any school, public park,
courthouse, or residential property
owned, operated, or managed by a public
housing agency or leased by a public
housing agency as part of a scattered
site or mixed-income development commits
a Class 4 felony.
(3) Paragraphs (1), (1.5), and (2) of
this subsection (c) shall not apply to
law enforcement officers or security
officers of such school, college, or
university or to students carrying or
possessing firearms for use in training
courses, parades, hunting, target
shooting on school ranges, or otherwise
with the consent of school authorities
and which firearms are transported
unloaded enclosed in a suitable case,
box, or transportation package.
§ 720 ILCS 5/24-1.6. Aggravated
unlawful use of a weapon
(a) A person commits the offense of
aggravated unlawful use of a weapon when
he or she knowingly:
(1) Carries on or about his or her
person or in any vehicle or concealed on
or about his or her person except when
on his or her land or in his or her
abode or fixed place of business any
pistol, revolver, stun gun or
other firearm; or
(2) Carries or possesses on or about his
or her person, upon any public street,
alley, or other public lands within the
corporate limits of a city, village or
incorporated town, except when an
invitee thereon or therein, for the
purpose of the display of such weapon or
the lawful commerce in weapons, or
except when on his or her own land or in
his or her own abode or fixed place of
business, any pistol, revolver, stun gun
or other firearm; and (3) One
of the following factors is present:
(A) the firearm possessed was uncased,
loaded and immediately Accessible at the
time of the offense; or
(B) the firearm possessed was uncased,
unloaded and the ammunition for the
weapon was immediately Accessible at the
time of the offense; or
(C) the person possessing the firearm
has not been issued a currently valid
Firearm Owner's Identification Card; or
(D) the person possessing the weapon was
previously adjudicated a delinquent
minor under the Juvenile Court Act of
1987 for an act that if committed by an
adult would be a felony; or
(E) the person possessing the weapon was
engaged in a misdemeanor violation of
the Cannabis Control Act or in a
misdemeanor violation of the Illinois
Controlled Substances Act; or
(F) the person possessing the weapon is
a member of a street gang or is engaged
in street gang related activity, as
defined in Section 10 of the Illinois
Street gang Terrorism Omnibus Prevention
Act; or
(G) the person possessing the weapon had
a order of protection issued against him
or her within the previous 2 years; or
(H) the person possessing the weapon was
engaged in the commission or attempted
commission of a misdemeanor involving
the use or threat of violence against
the person or property of another; or
(I) the person possessing the weapon was
under 21 years of age and in possession
of a handgun as defined in Section 24-3,
unless the person under 21 is engaged in
lawful activities under the Wildlife
Code or described in subsection
24-2(b)(1), (b)(3), or 24-2(f).
(b) "Stun gun " as used in this
Section has the same definition given to
it in Section 24-1 of this Code.
(c) This Section does not apply to or
affect the transportation or possession
of weapons that:
(i) are broken down in a non-functioning
state; or (ii) are not immediately
Accessible; or (iii) are unloaded and
enclosed in a case, firearm carrying
box, shipping box, or other container by
a person who has been issued a currently
valid Firearm Owner's Identification
Card.
(d) Sentence. Aggravated unlawful use of
a weapon is a Class 4 felony; a second
or subsequent offense is a Class 2
felony. Aggravated unlawful use of a
weapon by a person who has been
previously convicted of a felony in this
State or another jurisdiction is a Class
2 felony.
720 ILCS 5/24-2. Exemptions
(a) Subsections [24-1(a)(4)] and Section
24-1.6 do not apply to or affect any of
the following:
(1) Peace officers, and any person
summoned by a peace officer to assist in
making arrests or preserving the peace,
while actually engaged in assisting such
officer.
(2) Wardens, superintendents and keepers
of prisons, penitentiaries, jails and
other institutions for the detention of
persons ACused or convicted of an
offense, while in the performance of
their official duty, or while commuting
between their homes and places of
employment.
(3) Members of the Armed Services or
Reserve Forces of the United States or
the Illinois National Guard or the
Reserve Officers Training Corps, while
in the performance of their official
duty. … |
|
Indiana |
§
35-41-1-8. Deadly weapon
"Deadly weapon" means the following:
(2) A destructive device, weapon,
device, taser (as defined in IC
35-47-8-3) or electronic stun weapon (as
defined in IC 35-47-8-1), equipment,
chemical substance, or other material
that in the manner it is used, or could
ordinarily be used, or is intended to be
used, is readily capable of causing
serious bodily injury.
§ 35-47-8-1. "Electronic stun weapon"
defined
§ 35-47-8-2. "Stun gun" defined
§ 35-47-8-3. "Taser" defined
As used in this chapter, "taser" means
any mechanism that is:
(1) Designed to emit an electronic,
magnetic, or other type of charge or
shock through the use of a projectile;
and
(2) Used for the purpose of temporarily
incapacitating a person.
§ 35-47-8-4. Applicability of IC
35-47-2
IC 35-47-2 applies to an electronic stun
weapon or taser. [not stun gun see
35-47-8-5]
[§ 35-47-2-1. License required to carry
handgun
(a) Except as provided in subsection (b)
and section 2 [IC 35-47-2-2] of this
chapter, a person shall not carry a
handgun in any vehicle or on or about
the person's body, except in the
person's dwelling, on the person's
property or fixed place of business,
without a license issued under this
chapter being in the person's
possession.
(b) Unless the person's right to possess
a firearm has been restored under IC
3-7-13-5 or IC 33-4-5-7, a person who
has been convicted of domestic battery
under IC 35-42-2-1.3 may not possess or
carry a handgun in any vehicle or on or
about the person's body in the person's
dwelling or on the person's property or
fixed place of business.]
§ 35-47-8-5. Purchase, possession,
sale or use of stun gun [not taser]
|
|
Iowa |
702.7
Dangerous weapon.
A "dangerous weapon" is any instrument
or device designed primarily for use in
inflicting death or injury upon a human
being or animal, and which is capable of
inflicting death upon a human being when
used in the manner for which it was
designed. Additionally, any instrument
or device of any sort whatsoever which
is actually used in such a manner as to
indicate that the defendant intends to
inflict death or serious injury upon the
other, and which, when so used, is
capable of inflicting death upon a human
being, is a dangerous weapon. Dangerous
weapons include, but are not limited to,
any offensive weapon, pistol, revolver,
or other firearm, dagger, razor,
stiletto, switchblade knife, or knife
having a blade exceeding five inches in
length.
724.1 Offensive weapons.
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| |
|
|
Kansas |
21-4201.
Criminal use of weapons.
(a) Criminal use of weapons is
knowingly:
(1) Selling, manufacturing, purchasing,
possessing or carrying any bludgeon,
sand club, metal knuckles or throwing
star, or any knife, commonly referred to
as a switch-blade, which has a blade
that opens automatically by hand
pressure applied to a button, spring or
other device in the handle of the knife,
or any knife having a blade that opens
or falls or is ejected into position by
the force of gravity or by an outward,
downward or centrifugal thrust or
movement;
(2) carrying concealed on one's person,
or possessing with intent to use the
same unlawfully against another, a
dagger, dirk, billy, blackjack,
slingshot, dangerous knife,
straight-edged razor, stiletto or any
other dangerous or deadly weapon or
instrument of like character, except
that an ordinary pocket knife with no
blade more than four inches in length
shall not be construed to be a dangerous
knife, or a dangerous or deadly weapon
or instrument;
…
Chapter 72. Schools. Article 89A.
Weapon-Free Schools 72-89a01.
Definitions
(h) "Weapon" means (9) any electronic
device designed to discharge
immobilizing levels of electricity,
commonly known as a stun gun.
|
|
Kentucky |
§
500.080. Definitions for Kentucky Penal
Code
(3) "Dangerous instrument" means any
instrument, including parts of the human
body when a serious physical injury is a
direct result of the use of that part of
the human body, article, or substance
which, under the circumstances in which
it is used, attempted to be used, or
threatened to be used, is readily
capable of causing death or serious
physical injury;
(4) "Deadly weapon" means any of the
following:
(a) A weapon of mass destruction;
(b) Any weapon from which a shot,
readily capable of producing death or
other serious physical injury, may be
discharged;
(c) Any knife other than an ordinary
pocket knife or hunting knife;
(d) Billy, nightstick, or club;
(e) Blackjack or slapjack;
(f) Nunchaku karate sticks;
(g) Shuriken or death star; or
(h) Artificial knuckles made from metal,
plastic, or other similar hard material
|
|
Louisiana |
Title 14
§ 2 Definitions
(3) "Dangerous weapon" includes any gas,
liquid or other substance or
instrumentality, which, in the manner
used, is calculated or likely to produce
death or great bodily harm.
|
|
Maine |
17-A
M.R.S. § 2 Definitions
9. Dangerous Weapon.
A. "Use of a dangerous weapon" means the
use of a firearm or other weapon,
device, instrument, material or
substance, whether animate or inanimate,
which, in the manner it is used or
threatened to be used is capable of
producing death or serious bodily
injury.
B. "Armed with a dangerous weapon" means
in actual possession, regardless of
whether the possession is visible or
concealed, of:
1) A firearm;
2) Any device designed as a weapon and
capable of producing death or serious
bodily injury; or
3) Any other device, instrument,
material or substance, whether animate
or inanimate, which, in the manner it is
intended to be used by the actor, is
capable of producing or threatening
death serious bodily injury. For
purposes of this definition, the intent
may be conditional.
C. When used in any other context,
"dangerous weapon" means a firearm any
device designed as a weapon and capable
of producing death or serious bodily
injury.
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|
Maryland |
§ 4-101.
Dangerous weapons
(a) Definitions. --
(1) In this section the following words
have the meanings indicated.
(2) "Nunchaku" means a device
constructed of two pieces of any
substance, including wood, metal, or
plastic, connected by any chain, rope,
leather, or other flexible material not
exceeding 24 inches in length.
(3) (i) "Pepper mace" means an aerosol
propelled combination of highly
disabling irritant pepper-based
products.
(ii) "Pepper mace" is also known as
oleoresin capsicum (o.c.) spray.
(4) "Star knife" means a device used as
a throwing weapon, consisting of several
sharp or pointed blades arrayed as
radially disposed arms about a central
disk.
(5) (i) "Weapon" includes a dirk knife,
bowie knife, switchblade knife, star
knife, sand club, metal knuckles, razor,
and nunchaku.
(ii) "Weapon" does not include:
1. a handgun; or
2. a penknife without a switchblade.
|
|
Massachusetts |
Ch. 140,
§ 131J. Sale or Possession of Electrical
Weapons; Penalty.
No person shall sell, offer for sale or
possess a portable device or weapon from
which an electrical current, impulse,
wave or beam may be directed, which
current, impulse, wave or beam is
designed to incapacitate temporarily,
injure or kill. Whoever violates the
provisions 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.
|
|
Michigan |
§
750.224a. Portable device or weapon
directing electrical current, impulse,
wave, or beam; sale or possession
prohibited; exceptions; violation;
penalty; definition.
(1) Except as otherwise provided in this
section, a person shall not sell, offer
for sale, or possess in this state a
portable device or weapon from which an
electrical current, impulse, wave, or
beam may be directed, which current,
impulse, wave, or beam is designed to
incapacitate temporarily, injure, or
kill.
(2) This section does not prohibit any
of the following:
(a) The possession and reasonable use of
a device that uses electro-muscular
disruption technology by a peace
officer, an employee of the department
of corrections authorized in writing by
the director of the department of
corrections, probation officer, court
officer, bail agent authorized under
section 167b, licensed private
investigator, aircraft pilot, or
aircraft crew member, who has been
trained in the use, effects, and risks
of the device, while performing his or
her official duties.
(b) Possession solely for the purpose of
delivering a device described in
subsection (1) to any governmental
agency or to a laboratory for testing,
with the prior written approval of the
governmental agency or law enforcement
agency and under conditions determined
to be appropriate by that agency.
(3) A manufacturer, authorized importer,
or authorized dealer may demonstrate,
offer for sale, hold for sale, sell,
give, lend, or deliver a device that
uses electro-muscular disruption
technology to a person authorized to
possess a device that uses
electro-muscular disruption technology
and may possess a device that uses
electro-muscular disruption technology
for any of those purposes.
(4) A person who violates this section
is guilty of a felony punishable by
imprisonment for not more than 4 years
or a fine of not more than $2,000.00, or
both.
(5) As used in this section, "a device
that uses electro-muscular disruption
technology" means a device to which all
of the following apply:
(a) The device is capable of creating an
electro-muscular disruption and is used
or intended to be used as a defensive
device capable of temporarily
incapacitating or immobilizing a person
by the direction or emission of
conducted energy.
(b) The device contains an
identification and tracking system that,
when the device is initially used,
dispenses coded material traceable to
the purchaser through records kept by
the manufacturer.
(c) The manufacturer of the device has a
policy of providing the identification
and tracking information described in
subdivision (b) to a police agency upon
written request by that agency.
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|
Minnesota |
624.731
Tear gas and tear gas compounds ;
electronic incapacitation devices.
Subd. 1. Definitions. For the purposes
of this section:
(b) "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.
Subd. 2. Authorized possession; use.
(b) A person may possess and use an
electronic incapacitation device in the
exercise of reasonable force in defense
of the person or the person's property
only if the electronic incapacitation
device is labeled with or ACompanied by
clearly written instructions as to its
use and the dangers involved in its use.
Subd. 3. Prohibited possession; use.
(b) No person prohibited from possessing
a pistol pursuant to section 624.713,
subdivision 1, clause (b), may possess
or use … an electronic incapacitation
device.
(c) No person prohibited from possessing
a pistol pursuant to section 624.713,
subdivision 1, clauses (c) to (e), may
possess or use … an electronic
incapacitation device, except that the
certificate or other proof required for
possession of a handgun shall not apply.
Subd. 4. Prohibited use.
(a) No person shall knowingly, or with
reason to know, use … an electronic
incapacitation device on or against a
peace officer who is in the performance
of duties.
(b) No person shall use … an electronic
incapacitation device except as
authorized in subdivision 2 or 6.
(c) … an electronic incapacitation
device shall legally constitute a weapon
when it is used in the commission of a
crime.
Subd. 5. Prohibited sale.
… No person shall knowingly furnish or
sell an … an electronic incapacitation
device to a person prohibited from
possessing it by subdivision 3. No
person shall knowingly furnish or sell …
an electronic incapacitation device
which fails to meet the requirements of
subdivision 2. No … electronic
incapacitation device shall be sold or
furnished on premises where 3.2 percent
malt liquor as defined in section
340A.101, subdivision 19, is sold on an
on-sale basis or where intoxicating
liquor as defined in section 340A.101,
subdivision 13, is sold on an on-sale or
off-sale basis. No person shall sell …
electronic incapacitation device in
violation of local licensing
requirements. Subd. 6. Exceptions.
Nothing in this section shall prohibit
the possession or use of by, or the sale
or furnishing of … electronic
incapacitation device to, a law
enforcement agency, peace officer, the
National Guard or reserves, or a member
of the National Guard or reserves for
use in their official duties, except
that counties and municipalities may
impose licensing requirements on sellers
pursuant to subdivision 9.
Subd. 8. Penalties.
(a) The following violations of this
section shall be considered a felony:
(1) The possession or use of … an
electronic incapacitation device by a
person specified in subdivision 3,
paragraph (b).
(2) Knowingly selling or furnishing of …
an electronic incapacitation device to a
person specified in subdivision 3,
paragraph (b).
(3) The use of an electronic
incapacitation device as prohibited in
subdivision 4, paragraph (a).
(b) The following violations of this
section shall be considered a gross
misdemeanor:
(2) the use of an electronic
incapacitation device except as allowed
by subdivision 2 or 6. (c) The following
violations of this section shall be
considered a misdemeanor:
(1) The possession or use of … an
electronic incapacitation device which
fails to meet the requirements of
subdivision 2 by any person except as
allowed by subdivision 6.
(2) The possession or use of … an
electronic incapacitation device by a
person specified in subdivision 3,
paragraph (a) or (c).
(4) Knowingly selling or furnishing an …
an electronic incapacitation device to a
person specified in subdivision 3,
paragraph (a) or (c).
(5) Selling or furnishing of tear gas or
a tear gas compound other than an
authorized tear gas compound to any
person except as allowed by subdivision
6.
(6) Selling or furnishing of … an
electronic incapacitation device on
premises where intoxicating liquor is
sold on an on-sale or off-sale basis or
where 3.2 percent malt liquor is sold on
an on-sale basis.
(7) Selling an … electronic
incapacitation device in violation of
local licensing requirements.
Subd. 9. Local licensing.
(a) For purposes of this section,
"municipality" means statutory or home
rule charter city or town.
(b) There is hereby conferred upon the
governing body of each county, statutory
or home rule charter city and town in
the state the authority to license the
business of vendors of … electronic
incapacitation devices within their
respective jurisdictions, to impose a
license fee therefore, to impose
qualifications for obtaining a license,
the duration of licenses and to restrict
the number of licenses the governing
body will issue.
(c) Every person desiring a license from
a local governing body shall file with
the clerk of the municipality or the
county board in the case of application
to a county, a verified written
application in the form to be prescribed
by the local governing body.
(d) The local governing body may
establish the grounds, notice and
hearing procedures for revocation of
licenses issued pursuant to this
section. The local governing body may
also establish penalties for sale of …
electronic incapacitation devices in
violation of its licensing requirements.
Subd. 10. Local regulation. This section
shall be the exclusive regulation of the
possession, use, and furnishing of …
electronic incapacitation devices in
Minnesota. This section shall supersede
and preempt all regulation of the
possession, use, and furnishing of …
electronic incapacitation devices by
political subdivisions.
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|
Mississippi |
§
97-37-1. Deadly weapons; carrying while
concealed; use or attempt to use;
penalties
(1) Except as otherwise provided in
Section 45-9-101 [Prisons and Prisoners;
Probation and Parole], any person who
carries, concealed in whole or in part,
any bowie knife, dirk knife, butcher
knife, switchblade knife, metallic
knuckles, blackjack, slingshot, pistol,
revolver, or any rifle with a barrel of
less than sixteen (16) inches in length,
or any shotgun with a barrel of less
than eighteen (18) inches in length,
machine gun or any fully automatic
firearm or deadly weapon, or any muffler
or silencer for any firearm, whether or
not it is ACompanied by a firearm, or
uses or attempts to use against another
person any imitation firearm, shall upon
conviction be punished as follows:
…
|
|
Missouri |
§
556.061. Code definitions
(9) "Dangerous instrument" means any
instrument, article or substance, which,
under the circumstances in which it is
used, is readily capable of causing
death or other serious physical injury;
(10) "Deadly weapon" means any firearm,
loaded or unloaded, or any weapon from
which a shot, readily capable of
producing death or serious physical
injury, may be discharged, or a
switchblade knife, dagger, billy,
blackjack or metal knuckles
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Montana |
45-2-101
General definitions.
(78) "Weapon" means an instrument,
article, or substance that, regardless
of its primary function, is readily
capable of being used to produce death
or serious bodily injury.
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|
Nebraska |
§ 28-109.
Terms, defined
(7) Deadly weapon shall mean any
firearm, knife, bludgeon, or other
device, instrument, material, or
substance, whether animate or inanimate,
which in the manner it is used or
intended to be used is capable of
producing death or serious bodily injury
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Nevada |
Dangerous
Weapons and Firearms § 202.253.
Definitions
2. "Firearm" means any device designed
to be used as a weapon from which a
projectile may be expelled through the
barrel by the force of any explosion or
other form of combustion.
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New
Hampshire |
§ 159:20.
Self-Defense Weapons Defined
I. "Electronic defense weapon" means an
electronically activated non-lethal
device which is designed for or capable
of producing an electrical charge of
sufficient magnitude to immobilize or
incapacitate a person temporarily.
§ 159:21. Possession by Felons
Prohibited
Any person who has been convicted of a
felony in this or any other state who
possesses an electronic defense weapon
away from the premises where he resides
shall be guilty of a class B felony.
Neither the whole nor any part of a
sentence of imprisonment imposed for a
violation of this section shall be
served concurrently with any other term
of imprisonment.
§ 159:22. Restricted Sale
Any person who knowingly sells an
electronic defense weapon to a person
under 18 years of age shall be guilty of
a violation.
§ 159:23. Criminal Use of Electronic
Defense or Aerosol Self-Defense Spray
Weapons
I. Any person who uses an electronic
defense or aerosol self-defense spray
weapon on a law enforcement officer or
another person with intent to commit a
crime punishable as a misdemeanor shall
be guilty of a misdemeanor.
II. Any person who uses an electronic
defense or aerosol self-defense spray
weapon on a law enforcement officer or
another person with intent to commit a
crime punishable as a felony shall be
guilty of a class B felony.
III. Neither the whole nor any part of a
sentence of imprisonment imposed for a
violation of this section shall be
served concurrently with any other term
of imprisonment. |
|
New Jersey |
§
2C:39-1. Definitions
r. "Weapon" means anything readily
capable of lethal use or of inflicting
serious bodily injury. The term
includes, but is not limited to, all (1)
firearms, even though not loaded or
lacking a clip or other component to
render them immediately operable; (2)
components which can be readily
assembled into a weapon; (3) gravity
knives, switchblade knives, daggers,
dirks, stilettos, or other dangerous
knives, billies, blackjacks, bludgeons,
metal knuckles, sand clubs, slingshots,
or similar leather bands studded
with metal filings or razor blades
imbedded in wood; and (4) stun guns; and
any weapon or 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.
§ 2C:39-3. Prohibited weapons and
devices
h. Stun guns. Any person who knowingly
has in his possession any stun gun is
guilty of a crime of the fourth degree.
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|
New Mexico |
§
30-1-12. Definitions
B. "deadly weapon" means any firearm,
whether loaded or unloaded; or any
weapon which is capable of producing
death or great bodily harm, including
but not restricted to any types of
daggers, brass knuckles, switchblade
knives, bowie knives, poniards, butcher
knives, dirk knives and all such weapons
with which dangerous cuts can be given,
or with which dangerous thrusts can be
inflicted, including sword canes, and any
kind of sharp pointed canes, also
slingshots, slung shots, bludgeons; or
any other weapons with which dangerous
wounds can be inflicted
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|
New York |
§ 265.00.
Definitions
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 stun, cause
mental disorientation, knock out or
paralyze a person by passing a high
voltage electrical shock to such person.
§ 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, gravity
knife, switchblade knife, pilum
ballistic knife, metal knuckle knife,
cane sword, billy, blackjack, bludgeon,
metal knuckles, chuka stick, sand bag,
sand club, wrist-brace type slingshot or
slingshot, shirken or "Kung Fu star";
Criminal possession of a weapon in the
fourth degree is a class A misdemeanor
§ 265.02. Criminal possession of a
weapon in the third degree
A person is guilty of criminal
possession of a weapon in the third
degree when:
(1) He commits the crime of criminal
possession of a weapon in the fourth
degree as defined in subdivision one,
two, three or five of section 265.01,
and has been previously convicted of any
crime
Criminal possession of a weapon in the
third degree is a class D felony.
265.20. Exemptions
a. Sections 265.01, 265.02, 265.03,
265.04, 265.05, 265.10, 265.11, 265.12,
265.13, 265.15 and 270.05 shall not
apply to:
1. Possession of any of the weapons,
instruments, appliances or substances
specified in sections 265.01, 265.02,
265.03, 265.04, 265.05 and 270.05 by the
following:
(a) Persons in the military service of
the state of New York when duly
authorized by regulations issued by the
adjutant general to possess the same.
(b) Police officers as defined in
subdivision thirty-four of section 1.20
of the criminal procedure law.
(c) Peace officers as defined by section
2.10 of the criminal procedure law.
(d) Persons in the military or other
service of the United States, in pursuit
of official duty or when duly authorized
by federal law, regulation or order to
possess the same.
(e) Persons employed in fulfilling
defense contracts with the government of
the United States or agencies thereof
when possession of the same is necessary
for manufacture, transport, installation
and testing under the requirements of
such contract.
…
|
|
North
Carolina |
§ 14-269.
Carrying concealed weapons
(a) It shall be unlawful for any person
willfully and intentionally to carry
concealed about his person any bowie
knife, dirk, dagger, slung shot, loaded
cane, metallic knuckles, razor, shurikin,
stun gun, or other deadly weapon of like
kind, except when the person is on the
person's own premises.
(b) This prohibition shall not apply to
the following persons:
(1) Officers and enlisted personnel of
the armed forces of the United States
when in discharge of their official
duties as such and acting under orders
requiring them to carry arms and
weapons;
(2) Civil and law enforcement officers
of the United States while in the
discharge of their official duties;
(3) Officers and soldiers of the militia
and the national guard when called into
actual service;
(4) Officers of the State, or of any
county, city, or town, charged with the
execution of the laws of the State, when
acting in the discharge of their
official duties;
(5) Sworn law-enforcement officers, when
off-duty, if:
a. Written regulations authorizing the
carrying of concealed weapons have been
filed with the clerk of superior court
in the county where the law-enforcement
unit is located by the sheriff or chief
of police or other superior officer in
charge; and
b. Such regulations specifically
prohibit the carrying of concealed
weapons while the officer is consuming
or under the influence of alcoholic
beverages.
(c) Any person violating the provisions
of subsection (a) of this section shall
be guilty of a Class 2 misdemeanor. Any
person violating the provisions of
subsection (a1) of this section shall be
guilty of a Class 2 misdemeanor for the
first offense. A second or subsequent
offense is punishable as a Class I
felony.
§ 14-269.2. Weapons on campus or
other educational property
(b) It shall be a Class I felony for any
person to possess or carry, whether
openly or concealed, any gun, rifle,
pistol, or other firearm of any kind on
educational property or to a curricular
or extracurricular activity sponsored by
a school. However, this subsection does
not apply to a BB gun, stun gun, air
rifle, or air pistol.
§ 14-415.1. Possession of firearms,
etc., by felon prohibited
Notes: Subsection (a) encompasses a
narrow range of guns, while G.S.
14-269.2(b) prohibits any gun, excluding
only a BB gun, stun gun, air rifle, or
air pistol.
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|
North Dakota |
§
62.1-01-01. General definitions
1. "Dangerous weapon" includes any
switchblade or gravity knife, machete,
scimitar, stiletto, sword, dagger, or
knife with a blade of five inches [12.7
centimeters] or more; any throwing star,
nunchaku, or other martial arts weapon;
any billy, blackjack, sap, bludgeon,
cudgel, metal knuckles, or sand club;
any slingshot; any bow and arrow,
crossbow, or spear; any stun gun; any
weapon that will expel, or is readily
capable of expelling, a projectile by
the action of a spring, compressed air,
or compressed gas including any such
weapon, loaded or unloaded, commonly
referred to as a BB gun, air rifle, or
CO2 gun; and any projector of a bomb or
any object containing or capable of
producing and emitting any noxious
liquid, gas, or substance
§ 62.1-02-02. Sale of handgun
regulated -- Penalty
No person may transfer a handgun to any
person who the transferor knows or has
reasonable cause to believe is a person
prohibited by section 62.1-02-01 from
possessing a firearm. Any person who
violates this section is guilty of a
class A misdemeanor.
§ 62.1-02-04. Possession of firearm
or dangerous weapon in liquor
establishment or gaming site prohibited
-- Penalty -- Exceptions
Any person who enters or remains in that
part of the establishment that is set
aside for the retail sale in an
establishment engaged in the retail sale
of alcoholic beverages or used as a
gaming site while in the possession of a
firearm or dangerous weapon is guilty of
a class A misdemeanor. This section does
not apply to:
1. A law enforcement officer.
2. The proprietor.
3. The proprietor's employee.
4. A designee of the proprietor when the
designee is displaying an unloaded
firearm or dangerous weapon as a prize
or sale item in a raffle or auction.
§ 62.1-04-02. Carrying concealed
firearms or dangerous weapons prohibited
No person, other than a law enforcement
officer, may carry any firearm or
dangerous weapon concealed unless the
person is licensed to do so or exempted
pursuant to this chapter. For purposes
of this chapter, dangerous weapon does
not mean a spray or aerosol containing
CS (ortho-chlorobenzamalonitrile), CN
(alpha-chloroacetophenone), or other
irritating agent intended for use in the
defense of a person.
§ 62.1-04-03. License to carry a
firearm or dangerous weapon concealed
1. The chief of the bureau of criminal
investigation shall issue a license to
carry a firearm or dangerous weapon
concealed upon review of an application
submitted to the chief if the following
criteria are met:
a. The applicant has a valid reason for
carrying the firearm or dangerous weapon
concealed, including self-protection,
protection of others, or work-related
needs.
…
|
|
Ohio |
§
2923.11. Definitions
(A) "Deadly weapon" means any
instrument, device, or thing capable of
inflicting death, and designed or
specially adapted for use as a weapon,
or possessed, carried, or used as a
weapon.
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Oklahoma |
§ 1287.
Use of firearm while committing a felony
Any person who, while committing or
attempting to commit a felony, possesses
a pistol, shotgun or rifle or any other
offensive weapon in such commission or
attempt, whether the pistol, shotgun or
rifle is loaded or not, or who possesses
a blank or imitation pistol, shotgun or
rifle capable of raising in the mind of
one threatened with such device a fear
that it is a real pistol, shotgun or
rifle, or who possesses an air gun or
carbon dioxide or other gas-filled
weapon, electronic dart gun, knife,
dagger, dirk, switchblade knife,
blackjack, ax, loaded cane, billy, hand
chain or metal knuckles, in addition to
the penalty provided by statute for the
felony committed or attempted, upon
conviction shall be guilty of a felony
for possessing such weapon or device,
which shall be a separate offense from
the felony committed or attempted and
shall be punishable by imprisonment in
the State Penitentiary for a period of
not less than two (2) years nor for more
than ten (10) years for the first
offense, and for a period of not less
than ten (10) years nor more than thirty
(30) years for any second or subsequent
offense.
Any person convicted of violating the
provisions of this section after having
been issued a concealed handgun license
pursuant to the provisions of the
Oklahoma Self-Defense Act shall have the
license permanently revoked and shall be
liable for an administrative fine of One
Thousand Dollars ($ 1,000.00) upon a
hearing and determination by the
Oklahoma State Bureau of Investigation
that the person is in violation of the
provisions of this section.
§ 1272. Unlawful carry [electric dart
gun not listed]
A. It shall be unlawful for any person
to carry upon or about his or her
person, or in a purse or other container
belonging to the person, any pistol,
revolver, shotgun or rifle whether
loaded or unloaded or any dagger, bowie
knife, dirk knife, switchblade knife,
spring-type knife, sword cane, knife
having a blade which opens automatically
by hand pressure applied to a button,
spring, or other device in the handle of
the knife, blackjack, loaded cane, billy,
hand chain, metal knuckles, or any other
offensive weapon, whether such weapon be
concealed or unconcealed, except this
section shall not prohibit:
…
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Oregon |
161.015.
General definitions
(1) "Dangerous weapon" means any weapon,
device, instrument, material or
substance which under the circumstances
in which it is used, attempted to be
used or threatened to be used, is
readily capable of causing death or
serious physical injury.
(6) "Physical force" includes, but is
not limited to, the use of an electrical
stun gun, tear gas or mace.
163.212. Unlawful use of an
electrical stun gun, tear gas or mace in
the second degree.
(1) A person commits the crime of
unlawful use of an electrical stun gun,
tear gas or mace in the second degree if
the person recklessly discharges an
electrical stun gun, tear gas weapon,
mace, tear gas, pepper mace or any
similar deleterious agent against
another person.
(2) Unlawful use of an electrical stun
gun, tear gas or mace in the second
degree is a Class A misdemeanor.
163.213. Unlawful use of an
electrical stun gun, tear gas or mace in
the first degree.
(1) A person commits the crime of
unlawful use of an electrical stun gun,
tear gas or mace in the first degree if
the person knowingly discharges or
causes to be discharged any electrical
stun gun, tear gas weapon, mace, tear
gas, pepper mace or any similar
deleterious agent against another
person, knowing the other person to be a
peace officer, corrections officer,
parole and probation officer,
firefighter or emergency medical
technician or paramedic and while the
other person is acting in the course of
official duty.
(2) Unlawful use of an electrical stun
gun, tear gas or mace in the first
degree is a Class C felony. |
|
Pennsylvania |
§ 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.
(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…
(2) This section does not apply to
police forensic firearms experts or
police forensic firearms laboratories…
(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.
§ 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 ACompanied 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.
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Rhode Island |
§
11-47-42. Weapons other than firearms
prohibited
(a) (1) No person shall carry or possess
or attempt to use against another any
instrument or weapon of the kind
commonly known as a blackjack,
slingshot, billy, sand club, sandbag,
metal knuckles, slap glove, bludgeon,
stun-gun, or the so called "Kung-Fu"
weapons, nor shall any person, with
intent to use unlawfully against
another, carry or possess a dagger,
dirk, stiletto, sword-in-cane, bowie
knife, or other similar weapon designed
to cut and stab another, nor shall any
person wear or carry concealed upon his
person, any of the above-mentioned
instruments or weapons, or any razor, or
knife of any description having a blade
of more than three (3) inches in length
measuring from the end of the handle
where the blade is attached to the end
of the blade, or other weapon of like
kind or description. Any person
violating the provisions of this
subsection shall be punished by a fine
of not more than one thousand dollars ($
1,000) or by imprisonment for not more
than one year, or both, and the weapon
so found shall be confiscated.
(2) Any person violating the provisions
of this subsection while he or she is
incarcerated within the confines of the
adult correctional institutions shall be
punished by a fine of not less than one
thousand dollars ($ 1,000) nor more than
three thousand dollars ($ 3,000), or by
imprisonment for not less than one year
nor more than five (5) years, or both,
and the weapon so found shall be
confiscated.
(b) No person shall sell to a person
under eighteen (18) years of age,
without the written authorization of the
minor's parent or legal guardian, any
stink bomb, blackjack, slingshot, bill,
sand club, sandbag, metal knuckles, slap
glove, bludgeon, stun-gun, paint ball
gun, so called "kung-fu" weapons,
dagger, dirk, stiletto, sword-in-cane,
bowie knife, razor… Any person violating
the provisions of this subsection shall
be punished by a fine of not less than
one thousand dollars ($ 1,000) nor more
than three thousand dollars ($ 3,000),
or by imprisonment for not less than one
year nor more than five (5) years, or
both, and the weapons so found shall be
confiscated.
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South
Carolina |
§
16-23-10. Definitions.
(a) "Pistol" means any firearm designed
to expel a projectile and designed to be
fired from the hand, but shall not
include any firearm generally recognized
or classified as an antique, curiosity,
or collector's item, or any that does
not fire fixed cartridges.
(c) The term "crime of violence" means
murder, manslaughter (except negligent
manslaughter arising out of traffic
accidents), rape, mayhem, kidnapping,
burglary, robbery, housebreaking,
assault with intent to kill, commit
rape, or rob, assault with a dangerous
weapon, or assault with intent to commit
any offense punishable by imprisonment
for more than one year.
§ 16-23-460. Carrying concealed
weapons; forfeiture of weapons.
Any person carrying a deadly weapon
usually used for the infliction of
personal injury concealed about his
person is guilty of a misdemeanor, must
forfeit to the county, or, if convicted
in a municipal court, to the
municipality the concealed weapon, and
must be fined not less than two hundred
dollars nor more than five hundred
dollars or imprisoned not less than
thirty days nor more than ninety days.
Nothing herein contained may be
construed to apply to (1) persons
carrying concealed weapons upon their
own premises or pursuant to and in
compliance with Article 4 of Chapter 31
of Title 23, or (2) peace officers in
the actual discharge of their duties.
The provisions of this section do not
apply to rifles, shotguns, dirks,
slingshots, metal knuckles, or razors
unless they are used with the intent to
commit a crime or in furtherance of a
crime. |
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South Dakota |
§ 22-1-2.
Definition of terms
(50) "Stun gun," any battery-powered,
pulsed electrical device of high voltage
and low or no amperage that can disrupt
the central nervous system and cause
temporary loss of voluntary muscle
control of a person
§ 22-14-13.1. Commission of felony
while armed with stun gun -- Consecutive
sentencing
Any person who commits or attempts to
commit any felony when armed with a stun
gun is guilty of a Class 5 felony for
the first conviction. A second or
subsequent conviction is a Class 3
felony. Any sentence imposed under this
section shall be consecutive to any
other sentences imposed for a violation
of the principal felony.
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Tennessee |
§39-11-106. Title definitions
(5) "Deadly weapon" means:
(A) A firearm or anything manifestly
designed, made or adapted for the
purpose of inflicting death or serious
bodily injury; or
(B) Anything that in the manner of its
use or intended use is capable of
causing death or serious bodily injury
§ 62-35-118. Registration cards --
Training and examination of applicants
(5) For applicants for private security
officer/guard registration who will
carry a club, stun gun, chemical spray,
night stick, or other less than lethal
device, the commissioner shall require
appropriate training specific to such
device by a certified trainer who is
certified to instruct for such specific
device. It shall be the employers'
responsibility to keep training records
of their employees for each specific
device. The security officer/guard shall
also have in such person's possession a
certification card issued by an
instructor/trainer who is certified to
instruct/train in the legal use of such
specific device and shall exhibit such
card upon demand by the commissioner or
the commissioner's duly authorized agent
or any full-time law enforcement
officer.
§ 62-35-125. Carrying of weapons by
guards or officers
An armed security officer/guard may
carry only such types of firearms as the
commissioner shall, by rules and
regulations, prescribe in the
performance of such person's duties. A
security officer/guard may carry a
firearm only if certified to carry such
firearm. With proper certification, an
unarmed or armed security officer/guard
may carry any other type weapon to
include, but not be limited to,
clubs/batons, stun guns, the chemical
spray known as "mace," or any other tool
or weapon that the commissioner may
prescribe. |
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Texas |
§ 46.01.
Definitions [includes definitions of 9
weapons listed in §46.05]
§ 46.02. Unlawful Carrying Weapons
(a) A person commits an offense if he
intentionally, knowingly, or recklessly
carries on or about his person a
handgun, illegal knife, or club.
§ 46.05. Prohibited Weapons
(a) A person commits an offense if he
intentionally or knowingly possesses,
manufactures, transports, repairs, or
sells:
(1) an explosive weapon;(2) a machine
gun; (3) a short-barrel firearm; (4) a
firearm silencer; (5) a switchblade
knife; (6) knuckles; (7) armor-piercing
ammunition; (8) a chemical dispensing
device; or (9) a zip gun. |
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Utah |
§
76-10-501. Definitions
(5) (a) "Dangerous weapon" means any
item that in the manner of its use or
intended use is capable of causing death
or serious bodily injury. The following
factors shall be used in determining
whether a knife, or any other item,
object, or thing not commonly known as a
dangerous weapon is a dangerous weapon:
(i) the character of the instrument,
object, or thing;
(ii) the character of the wound
produced, if any;
(iii) the manner in which the
instrument, object, or thing was used;
and
(iv) the other lawful purposes for which
the instrument, object, or thing may be
used.
§ 76-10-2501. Unlawful use of a laser
pointer -- Definitions -- Penalties
(1) As used in this section:
(a) "Laser light" means light that is
amplified by stimulated emission of
radiation.
(b) "Laser pointer" means any portable
device that emits a visible beam of
laser light that may be directed at a
person.
(c) "Law enforcement officer" means an
officer under Section 53-13-103.
(2) A person is guilty of unlawful use
of a laser pointer if the person directs
a beam of laser light from a laser
pointer at:
(a) a moving motor vehicle or its
occupants; or
(b) one whom the person knows or has
reason to know is a law enforcement
officer.
(3) It is an affirmative defense to a
charge under Subsection (2)(b) that:
(a) the law enforcement officer was:
(i) not in uniform;
(ii) not traveling in a vehicle
identified as a law enforcement vehicle;
and
(iii) not otherwise engaged in an
activity that would give the person
reason to know him to be a law
enforcement officer; and
(b) the law enforcement officer was not
otherwise known by the person to be a
law enforcement officer.
(4) Violation of Subsection (2)(a) is an
infraction. Violation of Subsection
(2)(b) is a class C misdemeanor.
(5) If the violation of this section
constitutes an offense subject to a
greater penalty under another provision
of Title 76, Utah Criminal Code, than is
provided under this section, this
section does not prohibit the
prosecution and sentencing for the
offense subject to a greater penalty.
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Vermont |
§ 4003.
Carrying dangerous weapons
A person who carries a dangerous or
deadly weapon, openly or concealed, with
the intent or avowed purpose of injuring
a fellow man, or who carries a dangerous
or deadly weapon within any state
institution or upon the grounds or lands
owned or leased for the use of such
institution, without the approval of the
warden or superintendent of the
institution, shall be imprisoned not
more than two years or fined not more
than $ 200.00, or both.
§ 4016. Weapons in court
[Definitions]
(2) "Dangerous or deadly weapon" means
any firearm, or other weapon, device,
instrument, material or substance,
whether animate or inanimate, which in
the manner it is used or is intended to
be used is known to be capable of
producing death or serious bodily
injury. |
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Virginia |
§
18.2-308.1. Possession of firearm, stun
weapon, or other weapon on school
property prohibited
A. If any person possesses any (i) stun
weapon or taser as defined in this
section, (ii) knife, except a pocket
knife having a folding metal blade of
less than three inches, or (iii) weapon,
including a weapon of like kind,
designated in subsection A of §
18.2-308, other than a firearm, upon (a)
the property of any public, private or
parochial elementary, middle or high
school, including buildings and grounds,
(b) that portion of any property open to
the public used for school sponsored
functions or extracurricular activities
while such functions or activities are
taking place, or (c) any school bus
owned or operated by any such school, he
shall be guilty of a Class 1
misdemeanor.
… The provisions of this section shall
not apply to (i) persons who possess
such weapon or weapons as a part of the
school's curriculum or activities, (ii)
a person possessing a knife customarily
used for food preparation or service and
using it for such purpose, (iii) persons
who possess such weapon or weapons as a
part of any program sponsored or
facilitated by either the school or any
organization authorized by the school to
conduct its programs either on or off
the school premises, (iv) any
law-enforcement officer while engaged in
his duties as such, (v) any person who
possesses a knife or blade which he uses
customarily in his trade…
As used in this section:
"Stun weapon" means any mechanism that
is (i) designed to emit an electronic,
magnetic, or other type of charge that
exceeds the equivalency of a five
milliamp 60 hertz shock and (ii) used
for the purpose of temporarily
incapacitating a person; and
"Taser" means any mechanism that is (i)
designed to emit an electronic,
magnetic, or other type of charge or
shock through the use of a projectile
and (ii) used for the purpose of
temporarily incapacitating a person.
§ 18.2-308.2. Possession or
transportation of firearms, stun
weapons, tasers or concealed weapons by
convicted felons; penalties…
A. It shall be unlawful for (i) any
person who has been convicted of a
felony or (ii) any person under the age
of 29 who was found guilty as a juvenile
14 years of age or older at the time of
the offense of a delinquent act which
would be a felony if committed by an
adult, whether such conviction or
adjudication occurred under the laws of
this Commonwealth, or any other state,
the District of Columbia, the United
States or any territory thereof, to
knowingly and intentionally possess or
transport any firearm or stun weapon or
taser as defined by § 18.2-308.1 or to
knowingly and intentionally carry about
his person, hidden from common
observation, any weapon described in
subsection A of § 18.2-308. However,
such person may possess in his residence
or the cartilage thereof a stun weapon
or taser as defined by § 18.2-308.1. Any
person who violates this section shall
be guilty of a Class 6 felony. However,
any person who violates this section by
knowingly and intentionally possessing
or transporting any firearm and who was
previously convicted of a violent felony
as defined in § 17.1-805 shall not be
eligible for probation, and shall be
sentenced to a minimum, mandatory term
of imprisonment of five years. Any
person who violates this section by
knowingly and intentionally possessing
or transporting any firearm and who was
previously convicted of any other felony
shall not be eligible for probation, and
shall be sentenced to a minimum,
mandatory term of imprisonment of two
years. The minimum, mandatory terms of
imprisonment prescribed for violations
of this section shall not be suspended
in whole or in part and shall be served
consecutively with any other sentence.
Any firearm, stun weapon or taser as
defined by § 18.2-308.1, or any
concealed weapon possessed, transported
or carried in violation of this section
shall be forfeited to the Commonwealth
and disposed of as provided in §
18.2-310.
C. Any person prohibited from
possessing, transporting or carrying a
firearm, stun weapon or taser under
subsection A, may petition the circuit
court of the jurisdiction in which he
resides for a permit to possess or carry
a firearm, stun weapon or taser…
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Washington |
§
9.41.250 Dangerous weapons -- Penalty.
Every person who:
(1) Manufactures, sells, or disposes of
or possesses any instrument or weapon of
the kind usually known as slung shot,
sand club, or metal knuckles, or spring
blade knife, or any knife the blade of
which is automatically released by a
spring mechanism or other mechanical
device, or any knife having a blade
which opens, or falls, or is ejected
into position by the force of gravity,
or by an outward, downward, or
centrifugal thrust or movement;
(2) Furtively carries with intent to
conceal any dagger, dirk, pistol, or
other dangerous weapon; or
(3) Uses any contrivance or device for
suppressing the noise of any firearm, is
guilty of a gross misdemeanor punishable
under chapter 9A.20 RCW.
§ 9.41.270 Weapons apparently capable
of producing bodily harm -- Unlawful
carrying or handling -- Penalty --
Exceptions.
(1) It shall be unlawful for any person
to carry, exhibit, display, or draw any
firearm, dagger, sword, knife or other
cutting or stabbing instrument, club, or
any other weapon apparently capable of
producing bodily harm, in a manner,
under circumstances, and at a time and
place that either manifests an intent to
intimidate another or that warrants
alarm for the safety of other persons.
(2) Any person violating the provisions
of subsection (1) above shall be guilty
of a gross misdemeanor. If any person is
convicted of a violation of subsection
(1) of this section, the person shall
lose his or her concealed pistol
license, if any. The court shall send
notice of the revocation to the
department of licensing, and the city,
town, or county which issued the
license. |
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West
Virginia |
§61-7-2.
Definitions.
(9) "Deadly weapon" means an instrument
which is designed to be used to produce
serious bodily injury or death or is
readily adaptable to such use. The term
"deadly weapon" shall include, but not
be limited to, the instruments defined
in subdivisions (1) through (8),
inclusive, of this section or other
deadly weapons of like kind or character
which may be easily concealed on or
about the person. For the purposes of
section one-a, article five, chapter
eighteen-a of this code and section
eleven-a, article seven of this chapter,
in addition to the definition of "knife"
set forth in subdivision (3) of this
section, the term "deadly weapon" also
includes any instrument included within
the definition of "knife" with a blade
of three and one-half inches or less in
length. Additionally, for the purposes
of section one-a, article five, chapter
eighteen-a of this code and section
eleven-a, article seven of this chapter,
the term "deadly weapon" includes
explosive, chemical, biological and
radiological materials. Notwithstanding
any other provision of this section, the
term "deadly weapon" does not include
any item or material owned by the school
or county board, intended for curricular
use, and used by the student at the time
of the alleged offense solely for
curricular purposes. |
|
Wisconsin |
§ 941.295
Possession of electric weapon.
(1) Whoever sells, transports,
manufactures, possesses or goes armed
with any electric weapon is guilty of a
Class H felony.
(2) Subsection (1) does not apply to:
(a) Any peace officer.
(b) Any armed forces or national guard
personnel while on official duty.
(c) Any corrections personnel in the
department of corrections while on
official duty.
(d) Any manufacturer or seller whose
electric weapons are used in this state
solely by persons specified in pars. (a)
to (c).
(e) Any common carrier transporting
electric weapons.
(3) During the first 30 days after May
7, 1982, the electric weapons may be
surrendered to any peace officer. Peace
officers shall forward electric weapons
to the crime laboratories if the
retention of those weapons is not
necessary for criminal prosecution
purposes.
(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 of electric current. |
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Wyoming |
6 1 104.
Definitions
(a) As used in W.S. 6 1 101 through 6 10
203 unless otherwise defined: iv)
"Deadly weapon" means but is not limited
to a firearm, explosive or incendiary
material, motorized vehicle, an animal
or other device, instrument, material or
substance, which in the manner it is
used or is intended to be used is
reasonably capable of producing death or
serious bodily injury |
It is the liability of the buyer and not
the ESLI Surveillance LLC and/or its suppliers to
ascertain and obey all applicable federal, state and local laws regarding the
possession and use of all products on this site. By placing an order the buyer
represents that he/she is of legal age, and that the products will be used in a
legal manner.
ESLI Surveillance LLC (ESLI) cannot
assume any liability for the use of any product on this site and recommends the
buyer become familiar with the laws in their city, state or province, that regulates the
use and possession.
Consult your local and state authority before
ordering if you are in doubt!
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