What Stun Gun Rights Does a Resident Have in Florida?

stun gun laws in floridaWhen it comes to a person’s safety and their rights each state has different requirements and laws in place. This is why it’s a good idea to know exactly what where your legalities stand when owning a stun gun in the state of Florida for your protection.

In Florida it is legal to own and carry a stun gun; however, before purchasing one it is important for residents to bear in mind that there are also restrictions in place.

In order for a resident of Florida to purchase a stun gun legally they must first apply for a license the same way they would if they were applying for a handgun license. Those applying for a license must prove that they are legal residents of the state, at least 21 years of age and can prove their competency with the device. Once applications have been submitted they can take up to 90 days provided all documentation has been correctly received by the state.

Under Statute 790.01 of the Carrying Concealed Weapons law “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.”

However, under Statute 790.04 “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, and;

(b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.”

Another factor to bear in mind is the Concealed Carry Reciprocity. This is a comprehensive list of the states with up-to-date information regarding changes to firearm laws in states and attempts to negotiate agreements as the laws in those states allow.

For example, as recently as April 25th, 2013, Washington no longer honors a Florida concealed weapon licence and since February 4th, 2013, Pennsylvania stopped honoring a Florida concealed weapon license if the holder of the licence was not a resident of the state of Florida.

When traveling through different states it is important for licence holders to know that they are subject to the laws of that state and if the state they are traveling through no longer honors a weapons license they are committing a misdemenor. Consequently, depending on the state you travel through you may find you have to do more research and planning to see what you are legally permitted to carry. For many of the states this also applies to self defense devices such as stun guns and pepper spray.

What Are the Stun Gun Laws in Mississippi?

stun gun laws in mississippiCan you carry a stun gun in Mississippi legally without a permit? Are you allowed to carry the device when flying? We answer these questions here.

When it comes to a person’s protection it is a good idea to know what you are entitled to, what you are not and what devices you can use to provide a greater sense of security. Stun guns have become a widely used self defense device for members of the public and police departments. However, while not all states permit the use of stun guns for public use Mississippi does.

In Mississippi, it is legal to own and carry a stun gunwithout acquiring a permit. One thing to bear in mind, though, is that individuals who have a history of mental illness or felony charges may find themselves denied owning a stun gun. If, however, you do not have a mental illness or felony charges, then the individual must be over the age of 18.

Another matter to think about regards flying. If you are flying to or from Mississippi, it is illegal to carry a stun gun without the proper certification. Nor is it legal to carry a stun gun into schools, law enforcement centers or federal establishments.

Those found carrying stun guns who are not permitted to, such as minors, intoxicated individuals and convicted felons, face a fine between $100 and $500 or between 30 days to six months in prison. In extreme cases, jail time may range from one year to five years.

What Are the Stun Gun Laws in Indiana?

stun gun laws in IndianaIt’s important to know if you can or cannot carry a stun gun for protection in different states. Here we look at the legality of stun guns in Indiana.

In the state of Indiana as they are not considered firearms it is legal to purchase and own a stun gun for protection. Under Section 5, IC 35-47-8-5 it states that “a person eighteen years of age or over may purchase or possess a stun gun.”

However, it’s important to realize that stun guns are different from TASERS, which come under different rules. In order to obtain a TASER legally, the individual will first need to acquire a handgun licence.

In Indiana, a citizen must be 18 years of age or older to purchase a stun gun. Anyone who sells the device to individuals under the age of 18 is committing a Class B misdemeanor. While the use of them are legal in Indiana the law states that it’s a Class D felony to employ stun guns on enforcement officers when they are performing their duties and that it is a Class A felony for anyone to use a stun gun when committing a crime.

The use of these devices are only illegal in some states, so it is important to know what these states are and what you are entitled to do. When it comes to your protection it is vital that you know your legal rights.

What Are the Stun Gun Laws in Georgia?

stun gun laws in georgiaStun Guns Are Legal In Georgia

Laws pertaining to stun guns vary from state to state, which is why it’s important to know what the laws are regarding the state you are concerned with. In this article we learn what those laws are in Georgia.

In Georgia, laws pertaining to the use of stun guns and TASERS are found within Title 16 Section 16-11-106 of the Georgia Code. The Code defines stun guns and TASERS as “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.”

Under the Code, it is a felony to own a stun gun or TASER when committing certain crimes such as illegally entering a property or stealing from a building or vehicle. It is also a felony to possess a stun gun while committing a crime against another person or while dealing in illegal drugs.

Anyone who is found violating Section 16-11-106 of the Georgia Code can be sentenced to five years in prison. Those who are convicted a second time of this statute can be sentenced to ten years in prison.

What Are the Self Defense Laws in Ohio?

stun gun self defense in ohioKnowing what the self defense laws in Ohio is something all Ohioans need to know and what rights they have at protecting themselves from harm.

When it comes to self defense laws nearly all states permit some use of deadly force in order for a person to protect themselves inside their home, which is based on the ‘Castle Doctrine.’ However, while some areas require a person to retreat from an attacker outside of their home, there are more and more states expanding their laws in order to increase a person’s safety and legal rights if they happen to be outside of their homes too.

Previously in Ohio, if a homeowner was subjected to an intruder inside their home they were required to retreat before using deadly force against the suspect. Not only that, but the burden of proof lay upon the defendant to prove in court that the use of deadly force in such a situation was required because he/she had acted out of fear of physical injury or death.

Now, though, the law has changed.

On September 9, 2008, Senate Bill 184 passed while Senate Bill 17 became effective on September 30, 2011. The new laws regarding self defense mean that homeowners now have more rights to protect themselves if a person entered the residence illegally.

According to the Ohio Bar Association under the new laws the Ohio’s ‘Castle Laws’ presume that the homeowner has acted in defense of another or self defense when applying deadly force to someone who has intruded into their home. However, if the homeowner was charged it would be down to the prosecution to prove that the intruder did not enter the resident’s house or vehicle with the intention to cause any sort of harm.

One thing to bear in mind is that regardless of the state, laws relating to self defense are continually changing, which is why it’s always a good idea to maintain a record of what new Bills have been passed. This way you know exactly what your rights are and who the burden of proof falls upon when it comes to the issue of self defense.

What Are the Laws Regarding Stun Guns in Oregon

stun gun laws in oregonHere we look at what the laws are regarding the legality of stun guns in Oregon.

In Oregon it is legal for a person to own and use a stun gun; however, there are restrictions in place to ensure that the use of the device is not mistreated. Here we look at the laws in place.

When it comes to traditional firearms some states will include stun guns under that law, which means you require a permit to use the device for your protection. In Oregon you do not require a permit to carry a stun gun.

Although the use of stun guns is legal in the state it is worth bearing in mind that under Chapter 163.213 it is:

  1. A crime in the first degree if a person unlawfully uses an electrical stun gun, tear gas or mace and knowingly discharges or causes it to be discharged against another person, knowing the other person to be a peace officer, corrections officer, parole and probation office, fire fighter or emergency technician or paramedic while the other person is acting in the course of official duty; and

  2. Unlawful use of an electrical stun gun, tear gas or mace in the first degree is a Class C felony.

You can, however, use a stun gun for your protection or the protection of others if you believe them to be in danger.

Stun Guns Laws in Illinois

stun gun laws illinoisIn most states, the use of stun guns is permitted for home protection, although many of the states place harsh restrictions on them outside of the home, often prohibiting a person to carry or possess them in public.

In 2005, Gov. Blagojevich signed into law Senate Bill 1962, which states that for an individual to own a stun gun or TASER, they must first have a Firearm Owner’s Identification Card (FOID), making Illinois the first state to do so.

Consequently, in the state of Illinois, while the use of stun guns is legal, the legality of them comes with restrictions. The Illinois State Police state under the Criminal Code of 1961, Article 24, Section 2(a)(1) that “No person may require or possess any firearm, stun gun, or Taser within this State without having in his or her possession a Firearm Owner’s Identification Card previously issued in his or her name by the Department of State Police under the provisions of this Act.”

Anyone residing in Illinois who owns or plans to own a stun gun or TASER must first obtain an FOID. According to figures on the Illinois State Police website, February saw just over 56,000 residents sending in applications to obtain FOIDs, making it a new record since 2006 when the earliest records were posted.

If you are a resident living in Illinois or thinking about moving to the state and are interested in finding out about your protection rights, it will be worthwhile contacting your local police department to discuss with them the information you need to know. At the moment the Illinois State Police Firearms Services Bureau is experiencing a record number of applications each month.

If you intend to phone them be prepared to provide your full name, date of birth and your 8-digit number stamped on the front of your cashed check. However, if you completed your application through a reputable firearms dealer/store, you should contact them to obtain a range of numbers association with your application.

Stun Gun Laws in Nevada

stun gun laws in nevadaWith so many states in America it can be a bit confusing as to whether or not states permit the use of stun guns. Here we find out whether it is legal or not to own a stun gun in the state of Nevada.

According to Nevada’s law NRS 202.253, firearms are defined as “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.”

Under NRS 202.357 it states that “a person shall not use an electronic stun device on another person for any purpose other than self defense.”

Nevada is one state where the use of stun guns are permitted as long as they are not used on another person for any other reason other than to protect themselves in self defense. Of course, as with many things relating to self defense devices, certain persons will be prohibited from owning electronic stun devices including those who have been convicted of a felony, a fugitive from justice, the mentally ill, illegal residents in the United States and children under the age of 18.

Stun Gun Laws in California

stun gun laws in californiaWhen it comes to personal safety and California, many people will ask themselves the following question: Is it legal to have a stun gun in California? The simple answer to this is: Yes.

According to Section 12650 of California’s 2008 Dangerous Weapons Law, a stun gun “is any item, except a TASER, 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.”

However, while California law makes stun guns legal, there are certain restrictions and requirements in place as to who can actually purchase and own one.

Under Section 12651 of California’s 2008 Dangerous Weapons Law, it states that anyone in California may purchase or own a stun gun; however, it prohibits anyone who is a convicted felon or someone who have been convicted of an assault crime in California or elsewhere to own or purchase one. It also excludes minors, but allows anyone at least 16 years of age with written consent of a parent to purchase or own a stun gun.

In order to comply with the legal requirements when owning a stun gun the owner must purchase one that has the manufacturer’s name and serial number stamped on the stun gun as stated under Section 12652, while Section 12653 states that an instruction booklet should be accompanied with the device. Failure to comply with this will result in a $50 fine for each offense.

Owning a stun gun on your person for your safety will bring a person the peace of mind they require when it comes to increasing their protection whether they are at home or not. One thing to bear in mind though is that according to California Penal Code Section 171.5 it is a criminal offense to bring a stun gun into a passenger vessel terminal in a harbor or port or in a secure area in an airport. The maximum penalty for committing this offense is a fine of $1,000 and six months imprisonment.

Self Defense Laws in Michigan

stun guns for self defense in miToday we look at what the self defense laws in Michigan are and how and where a person can effectively defend themselves in the state.

In the state of Michigan there is a law in place that allows citizens to legally stand their ground when they ‘honestly and reasonably’ believe that they or another person is being threatened with severe injury, rape or death.

Under the Self Defense Act of 2006, Section 780.951 Subsection 1, a resident can employ deadly force without first undertaking a duty to retreat and they may do so wherever they legally have a right to be.

Of course, while this is the case now it wasn’t always the way for residents in Michigan. Prior to the Self Defense Act of 2006, which came into effect in October of 2007, the state of Michigan placed an undue burden on self defense with victims first having a duty to retreat as far as possible before they could take steps to defend themselves.

This meant that victims who had undertaken defensive moves and done so successfully were then required to explain to police and the courts that there was no opportunity for them to retreat safely or that they had done so as much as they could before taking steps to protecting themselves.

Naturally, this led to problems, as the victim would not be able to make a claim of self defense unless they had first shown their measures at retreating.

Now, though, with the new law in place a citizen has the right to defend themselves and others from harm as long as they aren’t engaged in criminal activity at the time of the incident. As such, this means that regardless of where you are whether that’s at the mall, in a shop or even walking down the street, you have the same rights of protecting yourself which were once solely reserved for people in their homes.