Tasers, which have the same legal definition as stun guns in California, are generally safe and legal to carry by adults in California. They refer to self-defense devices that use a high-voltage electrical charge to stop anyone who threatens their safety or that of their loved ones. You do not need a special license to purchase, possess, or use a taser. However, there are strict state laws on who can own one, how they are manufactured, where you can carry a taser, and how you must use one. Understanding these laws is critical to avoid prosecution and serious penalties.
- The Legal Meaning of a Taser
California Penal Law defines a taser or stun gun as a less-severe lethal weapon that is used as a defensive or offensive weapon. It can temporarily immobilize people by delivering a high electric charge. This legal definition covers a wide range of self-defense devices, which include tasers and stun guns. A stun gun is different from a taser, although both serve the same purpose. With a stun gun, you need to establish direct contact with a person to immobilize them. However, a taser shoots electrified darts that immobilize and temporarily stop a person. Since they both serve the same purpose, they are put under the same category under the law.
Stun guns and tasers are not categorized as dangerous weapons, though. This is because their effect is only temporary and does not harm the person. However, they can be dangerous if not used correctly. That is why there are laws regulating their use and where they can be carried. Although it is generally legal to purchase and use a taser, you must use it correctly and in the right place to avoid criminal charges. You can face criminal charges for using a taser based on how you use one and the facts of your case.
The law regulating the use of tasers does not apply to other similar weapons used in the same manner. These weapons are regulated differently, and they include:
- Pepper spray
- Zip guns
- Bear spray
- Belt buckle knives
- Switchblades
- Brass knuckles
It helps to engage a skilled criminal defense attorney if you face charges related to the use of a taser or similar weapon, to understand the legal implications of your charges and your options. An attorney will also help with your defense.
Note: if you purchase a stun gun or taser in California today, it must have a serial number and the manufacturer’s name. The device must also come with complete instructions on how to use it safely, along with the safety precautions to follow. Using a taser without these requirements can also result in criminal charges.
- The Law Regarding Who Can Legally Purchase, Own, or Use a Taser
While the general law in California is that an adult can legally purchase and use a taser without a special permit for self-defense, certain individuals are subject to statutory restrictions. They include the following:
- An individual who has a felony conviction on their criminal record. Note that convicted felons in California automatically lose their gun rights, including the right to buy and use a stun gun or taser.
- Any person who has a prior record for violence, or assault, including a history of misusing a taser or stun gun
- Any person who is addicted to controlled substances or narcotics
- A minor aged fifteen or younger. If a minor aged 16 to 17 wants to purchase or use a taser, they need written consent from a parent or guardian
If you fall under any of these categories, you will face criminal charges for owning, purchasing, or using a taser gun. Remember that California authorities do not issue special permits to use or buy tasers. If you have lost your gun rights or are a minor, you could receive serious penalties, even if you have a valid reason to purchase or use a taser.
- Laws Regarding Areas You Cannot Carry or Use a Taser
Again, while carrying, using, or buying a taser is generally legal for most adults in California, there are areas where you should not be found in possession of one. The federal and California state laws prohibit the possession and use of tasers in the following locations:
- Some public meetings
- Some government buildings
- Some local and state government facilities
- Schools and school grounds
- Secure passenger terminals in harbor and port facilities
- Airports, especially past TSA safety checkpoints
- Any public meeting, regardless of its location
In any of these locations, you must not be in possession of a taser, neither in your vehicle nor on your person. Specifically, TSA laws on stun guns prohibit anyone from flying while in possession of a taser in their carry-on bag. It is important to take the time to understand these laws better to avoid violations that could result in serious criminal charges.
However, some people are exempt from these laws, including on-duty law enforcement officers and other authorized persons. If any of these persons is not on duty, it will be unlawful for them to be in possession of a taser in any of these locations.
There are additional restrictions under local statutes in some areas of California regarding the use and possession of a taser. If you violate any of these laws, and you are also found in violation of state and federal laws, you will face additional penalties beyond the local law.
Thus, before purchasing a taser, find out where and when you can legally carry or use one. A skilled criminal attorney can offer the information and advice you need to avoid criminal charges. They will also advise you on the correct use of the device to avoid violating the laws in place.
- The Law Against Concealed Carry of a Taser
Concealed carry occurs when you hide a weapon from public view, especially in public places. It mainly applies to dangerous weapons that could cause people to reasonably fear for their safety when carried openly. Most people conceal weapons for personal protection. However, this may still result in criminal charges, even for a less dangerous weapon like a taser.
Carrying a taser in concealment is not necessarily a bad thing, especially if no one notices it. You do not need a special permit for concealed carry. This is because tasers are not considered dangerous weapons like guns, so they are not prohibited under concealed carry regulations. If an officer, through a legal search, finds a concealed taser on our person or property, they cannot charge us under the concealed carry statutes. Also, you do not need to obtain a concealed carry license to legally carry a concealed taser on your person or in your vehicle.
However, this will not protect you from prosecution if you are found in possession of a taser in one of the prohibited locations mentioned above. Remember that there are places where you cannot bring a taser with you, whether open or concealed. If you are found to have a taser in one of the prohibited locations, you will definitely face criminal charges.
- Laws Regarding the Use of Tasers for Self-Defense
Tasers are generally bought and used for self-defense. However, you must use one carefully and for the right purpose to avoid facing criminal charges. The need for self-defense happens when you or someone else is in imminent danger. You are allowed to use reasonable force against the person who wants to harm you, to protect yourself or another person from harm.
If you use a taser for self-defense, the following must be true:
- That you reasonably thought that the other person threatened your safety or the safety of another person
- Their actions, or behavior, put you in reasonable fear of suffering bodily damage
- You believed at the time that you needed to use immediate force to defend yourself or the other person from the danger you were facing.
- You only used reasonable force and not more force than necessary
When using self-defense in California, you do not need to prove that you retreated first before taking action. Acting immediately in self-defense is allowed, as long as only reasonable force is applied.
However, things can be slightly different if you are the one who started an altercation with the other person. In this case, you are only allowed to use a taser in self-defense under the following circumstances:
- You made an effort in good faith to stop the fight and communicated your effort to your opponent without much success
- The incident started without any use of lethal force, but your opponent responded with lethal force, putting you in reasonable fear for your safety.
If you are accused of the illegal use of a taser, you can cite self-defense to avoid a conviction. Your skilled criminal attorney can demonstrate your reasonable intentions to the court for a favorable outcome.
- The Legal Use of a Taser for Property Defense
The use of a taser is legally permitted for property defense. However, this must only happen if you are worried about losing your belongings to another person. If a person is forcefully taking your property, you have the right to use appropriate force to defend your property. The nature and amount of force you use must match the threat you are facing at the moment. That is why, if you must use a weapon or device, you must use it correctly and only to temporarily stop the threat.
If you are accused of using excessive force on a person while defending your property, your skilled attorney can demonstrate the threat you faced at the moment to show that you only used reasonable force. Your force is considered reasonable if you can demonstrate that a rational person would have done the same thing if they were in a similar situation. Your attorney will explain how the situation was and how it occurred to you, and why you felt the need to use a taser.
In this case, you can legally use a taser during a robbery attempt or against a person who is issuing threats while taking your belongings. The prosecutor will evaluate the facts of your case to determine whether using a taser was necessary.
- Possible Penalties for the Unlawful Use or Possession of a Taser
The penalties for the unlawful use or possession of a taser depend on the exact law that you have violated. The prosecutor determines your charges based on the circumstances of your case and your criminal history. Some taser-related violations are infractions, while others are misdemeanors and felonies.
For example, if you are a first-time offender, you will face an infraction for unlawful possession or use of a taser. It is also an infraction to sell or give a taser to a child aged sixteen or younger. An infraction is penalized with a $50 fine. A subsequent violation becomes a misdemeanor, punishable by a six-month jail sentence and up to $1,000 in court fines. The judge can sentence you to probation instead of jail, especially if you do not have a history of violence.
The use of a taser without a valid reason, like self-defense or property defense, is also a crime. This is considered assault with a taser or stun gun and is a wobbler offense. This means that the prosecutor can file misdemeanor or felony charges against you, depending on the seriousness of your charges and your criminal history. A misdemeanor is punishable by 1 year in jail, while a felony is punishable by 16 months, two years, or three years in prison.
The judge can enhance your penalties if you used a taser against a law enforcement officer or peace officer who is on duty.
Find an Experienced Criminal Defense Attorney Near Me
Do you or someone you love face criminal charges for the unlawful use of a taser in Los Angeles?
You should speak to an experienced criminal attorney right away to understand the severity of your charges and options. An attorney will also advise you on your rights and plan a solid defense against your charges.
We can help at the Law Offices of Jonathan Franklin. Our competent attorneys have extensive experience handling taser-related laws. We can plan a strong defense against your charges to convince the court to drop or reduce your charges. Call us at 310-273-9600 to learn more about us.
