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Are Tasers Legal in California?

By San Diego Attorney on November 30, 2024

Tasers are legal in California, but specific rules govern their ownership, possession, and use. California’s laws aim to balance the right to self-defense with public safety, so understanding these regulations is essential to avoid potential legal issues.

What is a Taser and How Does It Work?

Definition and Function of a Taser

A Taser is an electroshock weapon designed to incapacitate an individual by delivering an electric current. Tasers are commonly used by law enforcement and can be owned by civilians as non-lethal self-defense tools. They work by emitting electrical pulses that disrupt muscle control temporarily, immobilizing the target, and firing electrodes that are attached to wires, allowing the current to reach the target from a distance. Tasers are effective for stopping an attacker while minimizing the risk of fatal injury.

Common Uses of Tasers

Tasers serve various purposes depending on the context in which they are used. Some of the most common applications include law enforcement, in which police officers use Tasers to subdue suspects resisting arrest or posing a threat. Personal self-defense is another common use, as civilians carry Tasers to protect themselves from potential attackers. Then there is crowd control, where Tasers are sometimes used to manage unruly crowds during protests or public disturbances.

Are Tasers Legal to Own in California?

California Laws on Taser Ownership

Under California Penal Code §22610, Tasers are legal for civilian ownership, but there are restrictions. For example, Tasers cannot be possessed by individuals convicted of felonies or certain violent misdemeanors. Ownership of a Taser is prohibited for individuals addicted to narcotics. Additionally, Tasers are not allowed in certain secure areas, such as schools or government buildings. These restrictions ensure that Tasers are owned and used responsibly, reducing the likelihood of misuse.

Age and Residency Requirements

To legally own a Taser in California, you must be at least 18 years old, and you must provide proof of residency if required by local regulations. These requirements ensure that Tasers are owned responsibly and by individuals who can be held accountable under the law. Tasers are prohibited for minors under 18 unless they have the written consent of a parent or legal guardian. This provision highlights the importance of adult supervision in ensuring responsible use.

Can You Carry a Taser in California?

Concealed Carry Laws for Tasers

In California, while a permit is not required to carry a Taser either openly or concealed, it is essential to adhere to certain guidelines. First and foremost, Tasers should not be used offensively or carried in a manner that could be perceived as threatening. Additionally, because local ordinances may impose their own restrictions, it is important to verify the specific regulations that apply in your area.

Carrying a Taser in Specific Locations

Tasers are prohibited in certain locations, including schools unless carried by authorized personnel, airports, and government buildings, which can result in criminal charges. Understanding where Tasers are allowed helps avoid inadvertent legal violations. It is essential to be aware of specific rules that may vary between cities and counties in California.

When Can a Taser Be Used in Self-Defense?

Legal Use of Force in Self-Defense

California law permits the use of Tasers in self-defense when you face an imminent threat of harm or the level of force used is proportionate to the threat. Of course, using a Taser excessively or in situations where no threat exists can lead to legal consequences, including assault charges. It is important to understand that the justification for using a Taser in self-defense hinges on the presence of a clear and immediate danger.

Potential Consequences of Misusing a Taser

Misusing a Taser, even unintentionally, can result in criminal charges, such as assault or battery, civil liability for injuries caused by improper use, and revocation of the right to own or carry a Taser in the future.

Responsible use is key to avoiding these penalties while ensuring personal safety. Being informed about the legal limits of Taser use helps individuals make better decisions during high-stress situations.

Legal Penalties for Misuse of a Taser in California

Possession of a Taser by a Prohibited Person

Under California law, individuals prohibited from owning Tasers, such as convicted felons, face penalties for possession. These can include fines of up to $1,000 for misdemeanor-level violations or higher amounts for more severe offenses or imprisonment ranging from six months in county jail for minor infractions to three years in state prison for felony violations.

Convicted individuals should be especially cautious about inadvertently possessing a Taser, as the penalties can be severe and may escalate if other crimes are associated with the possession.

Charges for Improper Use of a Taser

Improper use of a Taser can result in misdemeanor charges, with minor violations including fines of up to $1,000 and up to six months in county jail, and felony charges when serious injury is caused or a Taser is used during a criminal act. Penalties can range from fines exceeding $10,000 to imprisonment of up to three years in state prison.

The charges’ severity depends on the misuse’s circumstances and the harm caused. For example, using a Taser during the commission of another crime, such as robbery or assault, can lead to enhanced sentencing under California’s criminal laws.

Are Tasers Regulated Differently from Stun Guns in California?

Legal Differences Between Tasers and Stun Guns

While Tasers and stun guns are electroshock devices, they are regulated differently. Tasers can incapacitate targets from a distance using barbed electrodes. On the other hand, stun guns require direct contact to deliver an electric shock. California law imposes similar restrictions on ownership and use, but the distinction lies in their functionality and intended applications. Due to their range and precision, Tasers are often considered more effective in deterring attackers.

Possession and Use of Stun Guns in California

Like Tasers, stun guns are legal for civilian use in California, but there are important regulations to keep in mind. Certain individuals, such as felons or narcotics addicts, are prohibited from owning these devices.

Additionally, there are restrictions regarding where stun guns can be carried, including locations like schools and government buildings. Understanding these distinctions is crucial for ensuring compliance with California’s regulations. Furthermore, consumers should carefully assess their safety needs when deciding between these self-defense devices.

How Tasers are Impacting Personal Safety and Law Enforcement in California

The Role of Tasers in Law Enforcement

Tasers have become an integral tool for law enforcement, offering non-lethal options, which allow officers to subdue suspects without resorting to deadly force, and reduced injuries, where officers and suspects experience fewer injuries than physical altercations.

Despite their benefits, however, Tasers are sometimes criticized for excessive use or inappropriate application, highlighting the need for proper training and oversight. Many departments in California have implemented stringent guidelines to ensure Tasers are used responsibly and only when necessary.

Tasers in Personal Self-Defense

For civilians, Tasers provide a reliable means of self-defense. They are effective deterrents—the mere sight and sound of a Taser can often prevent an attack. They are also accessible, including easy carrying and use, making them ideal for individuals seeking non-lethal protection. Essentially, Tasers empower individuals to protect themselves while minimizing the risk of escalating violence. Their widespread availability and ease of use have made them popular among those concerned about personal safety.

Protect Yourself Within the Law

At jD Law Criminal Defense Attorneys, we understand the complexities of Taser laws in California. We are committed to helping clients confront legal challenges. Whether you need guidance on owning a Taser in California or defending against charges related to Taser use in California, our experienced San Diego criminal defense lawyer is here to help. Call us at (760) 630-2000 for a consultation and ensure your rights are protected.