The ever-increasing crime rate in California compelled everyone to protect themselves from individual attackers. This valiant crime rate becomes the reason for ranking California in 16th place in an average crime rate across states.
People in California, seek emergency help in case of direct attackers while traveling alone or with friends. But is it legal to keep weapons to protect oneself? Are tasers legal in California? Tasers are also called stun guns. They are small and can be easily kept. California stun gun laws are not strict as they are for keeping other lethal weapons. They even make keeping the taser or stun guns legal for anyone who feels unsafe during travel within the state.
But there is also a list of exemptions to the provision of the law. Such as individuals with a certain history of criminal convictions and minors are not allowed to have a stun gun. Additionally, they are forbidden to purchase it from a dealer. If a dealer knows that a person is a criminal and he intentionally sells him a stun or any other firearm, he can be convicted along with the purchaser as well.
Moreover, it is also not allowed and is illegal for a criminal or an individual to use any weapon in a restricted area or commit a crime using the weapon.
Laws regarding using tasers can differ across states and when the jurisdiction changes. It is important to know about them in your area. Is it legal to carry a taser in California? The article discusses the details about the laws in California about using tasers.
What Laws support having a Taser in California?
In California, the stun gun laws have exemptions as said, and restrictions on the possession of this small weapon. According to the Penal Code California 22610, an individual can purchase and legally use a stun gun, in a limited environment.
But before we take you deep inside the laws for stun guns, it is important to know what it actually is. A stun gun or taser is a device used to protect oneself or used to stun someone for self-defense. It works as an electric charge emitter, once it touches a person’s body an electric voltage comes out and immobilizes the individual. It is often used by people who travel alone in the areas where there’s a threat of getting attacked. This small device helps you stun someone from multiple feet away.
Are Tasers legal in California?
Stun guns and Tasers are legal in California. The thing that makes it illegal is the purpose and the person who is restricted to using them. This entails another question, who are allowed to use stun guns or tasers?
Provided that it is a stun gun, so other laws with weapons may also apply to its use. People that are forbidden and should abide by the rules of using stun guns or tasers include:
- Individuals with the prior felony assault/conviction charges
- Narcotics addictive’s
- Below the age of 16
- Below the age of 16 without the consent of their parents
Furthermore, there are locations where possessing a stun gun is prohibited such as airports.
Where is it illegal to use a Stun Gun?
Certain locations that are sensitive in nature are restricted when it comes to using stun guns or tasers. These locations include:
- Secured airport areas, harbor passenger terminals, or port facilities
- Local and state government buildings
- At a legal public gathering
However, other duty officers at these places performing law enforcement duties are exempted from these restrictions. Anyone would be penalized if found violating any of these laws and the offense may result in convictions of more than one year of jail time or a fine up to $1000. Look further for probable convictions for these offenses.
Possible Penalties for Stun Gun possession and improper use
If you’re one of those mentioned above who are restricted to using stun guns in any circumstances and you are found using one, then you may face hefty fines and severe ramifications such as infractions.
An infraction, on the other hand, is a criminal citation offense that may have a lower level of penalties than felony and misdemeanor.
For the first offense of improper use of a stun gun or infraction, then you would be possibly ordered to pay $50 as a fine. These infraction citation charges are beneficial most of the time as they prevent the offender from illegally using the stun gun in public improperly in future events.
After a first infraction citation and fine, another subsequent offense relating to the improper use of a stun gun will bring misdemeanor charges. The misdemeanor charges for a stun gun improper use include:
- Jail time in county up to six months
- Up to one thousand dollars fine
In case, where you are caught using the stun gun illegally, the criminal court judge will use his discretion to convict you for serving probation out of jail in place of serving jail time.
It is not necessary that the court will always order the same conviction. But the penalty varies among states and on the basis of the offense and the prior criminal history.
The judge will consider your prior criminal convictions (if any) and the facts involved in the current offense. If the current offense of misdemeanor is nonviolent, you may serve probation that is likely out of jail and vice versa.
Keep yourself informed of Legal Changes
The state laws, specifically about weapons keep changing. Therefore, it is always better to check on current statutes according to the state you reside.
Local governments and California have their own rules and regulations when it comes to stun guns and tasers. You must contact your local law enforcement agencies to figure out the restrictions and penalties in your jurisdiction.
It is suggested talking to your local criminal defense attorney to know your rights of possessing and buying a stun gun and taser. In case you already are facing infractions or misdemeanor charges, then it is strongly recommended to consult an attorney to protect your rights.
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