In 2019, Stun Gun Is Legal according to governing stun guns underwent a revision. Before the modification, the possession and usage of this weapon did not differ significantly from that of many others. The standards for ownership, however, describe the device as an electroshock weapon that can render a third party immobile. Without causing any visible physical damage, this gun may upset the muscles and cause agony. The statutes stipulate that anyone on a list of forbidden parties is not allowed to own or carry certain firearms in the state. While the gun can be held and purchased with or without permission depending on the circumstance by law enforcement and others who are not on the list.

List of Owners Prohibited

Even if the person does not now drink or use the drug, they are included on the list since they have an addiction to any narcotic substance or drug. In this state, stun guns cannot be purchased or owned by convicted offenders. On the list is everyone who is under the age of sixteen. No one who has been found guilty of assault under state or federal law anywhere in the world, including the United States, is allowed to own or buy a stun gun. The same is valid for anyone who has been found guilty of improperly misusing or using a stun gun.

Use of a Stun Gun Illegally in California

Owning and using a stun gun is frequently prohibited when the individual using it has a current addiction to an illicit substance. Due to their effects, several prescription medicines might occasionally create dependence. Combining such narcotics and stun gun use might result in misuse or even death. A stun gun is unlawful to acquire in California. Using one can result in an arrest and a conviction for illegal use and ownership. Thus anybody with confidence should avoid purchasing one in any form.

No Permit Is Required

Standard requirements for obtaining and maintaining a stun gun permit do not apply when the individual is a legitimate owner and purchaser of the stun gun. This includes having the weapon and subsequently utilizing it. A person has the right to acquire and use a stun gun as long as they are at least sixteen years old and are not incarcerated for any offence, including offences that were prosecuted abroad. This prevents them from misusing the weapon or even opening fire on someone without cause.

Illegal to Possess

In certain places, having a stun gun is prohibited. These consist of a passenger terminal and the security portions of any airport in the state. The person cannot possess the stun gun when in or close to areas used for routine commuter operations. Government buildings, whether state or local, and federal property are examples of other prohibited sites. Unless unique conditions exist, using or possessing a stun gun at any open or public gathering is not permitted.

The Case for Stun Guns in Law

A criminal defence attorney will be required if the defendant is accused of using a stun gun unlawfully.

Tasers and stun guns aim to immobilize a target without using “fatal” force. Despite the common misconception that these two weapons work in the same way, there is a distinct difference between them regarding how each completes the task.

While tasers fire electrified darts that can be used from a distance, stun guns require immediate, direct contact. Though these two weapons are often considered “safer” substitutes for firearms, extreme caution should nevertheless be exercised, as they can inflict serious injury upon a victim.

These weapons are intended to prevent the use of fatal force by attempting to subdue a target by non-lethal means. This isn’t always the case; these weapons may frequently cause deadly injuries, just like firearms.

The following conditions must be met before anybody can buy, own, or use a stun gun in California, according to Penal Code 22610 PC: (a) No one who has been convicted of a felony, an assault-related crime, or of misusing a stun gun in violation of Section 244.5 is allowed to buy, own, or use a stun gun. (a) No one dependent on a narcotic drug shall own or operate a stun gun. (c) (1) No one may provide or sell a stun gun to a child unless they are at least 16 years old and have the minor’s parent or legal guardian’s written authorization.

This law provides a fee for infractions committed for the first time. Below, our Los Angeles criminal defence lawyers will go through this subject in more detail.

ARE TASERS AND STUN GUNS PERMITTED IN CALIFORNIA?

Mostly. The majority of Californians can legally purchase, use, or own a stun gun or taser for legitimate self-defence under Penal Code 22610 PC, except:

Convicted felons, those who have been found guilty of violence, those who have previously been found guilty of misusing stun guns, those who are drug addicts, and kids under 16 years old.

Stun guns/tasers can be purchased and used by those at least 16 years old with valid parental approval. People who are lawfully in possession of stun guns and tasers are nonetheless not permitted in some locations. These consist of:

Airports, beyond TSA checkpoints; meetings where it is mandated by law that the public be permitted to attend; government or state buildings; schools or any property owned by a school; protected passenger terminals in port/harbour facilities.

When people break the restrictions above, it typically counts as a minor violation.

WHAT COULD BE THE CONSEQUENCES OF PENAL CODE 22610 PC?

When a person has a history of convictions, using, owning, or purchasing a stun gun or taser is considered a felony. This includes those convicted of a felony, any assault-related offence, or prior taser or stuns gun usage.

It should be noted that the legitimate use of these weapons is restricted to instances of self-defence; one cannot merely use a stun gun or taser to assault another person without risking legal repercussions. These outcomes may include:

A felony conviction comes with a penalty of up to 3 years in prison or imprisonment and a fine of up to $10,000, while a misdemeanour conviction has a maximum $1,000 penalty and up to a year in jail.

If a person is found to have broken PC 22610 for the first time, they are charged with an infraction and must pay a $50 fine. Repeat offences are prosecuted as misdemeanours.