Are Tasers permitted in Pennsylvania?
Under existing Pennsylvania law, Tasers are not on any of the lists of prohibited weapons. We are sure that if the legislature in Pennsylvania had the intent to ban Tasers, they would have simply added them to one of the lists of prohibited weapons. In Pennsylvania, there are very few restrictions on Tasers or stun guns provided that the user is eligible to possess the weapon in the first place.
In July of 2017, a new law went into effect in Pennsylvania that banned the use or possession of any stun gun by a convicted felon or someone who has been involuntarily committed under the mental health laws. This new law also preempted the Poconos municipal prohibition on tasers/stun guns. Under the new sentencing rules , barred individuals face a first-degree felony for possession. Even if said person possessed that taser/stun gun before the law took effect, this led to a two-year mandatory sentence.
This new change in one of the "hearings" that our firm had will be a major factor since the person charged with possession was not permitted to have it in the first place, and owning this item was a new crime in itself.
It is also important to note that tasers may be possessed in your home/business. For that reason, they can be treated like a regular gun. If someone were to come into your home and you felt that you were in significant danger, you would be well within your rights to meet force with force and use that taser.
Taser possession statutes
In Pennsylvania, individuals must generally be at least 18 years old in order to legally own a Taser. Those who are too young to own a Taser may be able to get one by gaining special written consent from their parent, guardian, or another authorized adult.
Pennsylvania law confirms that most individuals who are 18 years of age or older can purchase and possess Tasers. This is specified in:
In fact, except in very limited circumstances, Tasers and other electronic incapacitation weapons are the only types of electric weapons that it is legal to purchase and possess in Pennsylvania.
The exceptions to the rules against possessing other electric weapons are the legality of generally owning the following items:
However, any officer or member of an officially recognized police department (without regard for age) may possess any electric weapon in Pennsylvania. Additionally, those individuals who have been specifically approved by the state may be authorized to carry an electronic incapacitation weapon in Pennsylvania.
Taser use locations
Under Pennsylvania law, there are certain prohibited places where a person cannot carry their taser. For example, if you are legally carrying a taser in your waistband, and you happen walk into a school or a government building, you will need to leave your taser, even if it is legal for you to carry it outside the building.
More specifically, Pennsylvanians may not carry tasers in a "school zone" or "public property." These are defined in 18 Pa.C.S. 912 as:
- Parole and probation offices and facilities;
- Community corrections centers;
- Halfway houses;
- Regional and county jails.
"School Zone" means the area within the compromise of a public, parochial or private school, support educational institution, recreational center or summer camp while being used by the school, institution, center or camp for school-related activities sponsored by the school, institution, center or camp when attended by persons under 18 years of age, or in or on any property that is of a school property or real estate that is owned or leased by the school, institution, center or camp and that is being used by the school, institution, center or camp for school-related activities when attended by persons under 18 years of age.
Which punishments apply to illegal taser usage?
Penalties for Illegal Taser Use in PA
A taser is considered a weapon under Pennsylvania law. It may not be illegal to possess or use a taser or taser-like device, but there are a number of important legal qualifications that must be honored. Otherwise, severe penalties can result.
Under 18 Pa.C.S.A. 907, it is a third degree misdemeanor to carry, use or possess an electric or electronic incapacitation device (taser) with the intent to employ it criminally against another. This type of misdemeanor carries penalties of up to one years in jail and a maximum fine of $2,500.
If a person has a prior conviction for the same or a similar offense , then he or she can be sentenced for this type of offense as a second degree felony. This would carry a maximum one sentence of five years in prison and a maximum fine of $25,000.
In addition to the law outlined above, there are other laws that prohibit illegal taser use, including:
If tasers are used by law enforcement officers, they must follow the rules laid out above and all departmental policies regarding tasers. This is a legal issue that could trigger liability under 42 Pa.C.S.A. 8542, et seq., the Political Subdivision Tort Claims Act.
Clarks Green taser injury lawyers at The Law Offices of Stephen E. Kaplan, PC frequently handle legal matters that involve tasers, taser use, taser shootings and taser-related injuries.
How tasers work in comparison to similar devices
Although many might know tasers like the M26 as something similar to a stun gun, the differences are many. With the exception of a few models that are used for "training", tasers cannot give an electric shock until the weapon is fired. In other words, the taser must be shot at the person who is the target. In contrast, stun guns can either be shot at someone, or they can be used to touch someone as part of a general defense tactic.
Another possible difference is effect. The stun gun will not give any electrical shock, whereas the taser does. Tasers are also better than stun guns when trying to stop multiple attackers in close range. Tasers also have a more powerful long-range attacks.
Some scenarios are better served using a taser than a stun gun. For example, tasers are better at close combat situations versus a multi-assailant scenario. If your attacker is just one person, then the short range electric stun gun is a good option.
How do tasers differ from pepper spray? Both are popular defensive weapons for women. But tasers only stop people for a couple of minutes, whereas pepper spray may last longer.
A taser may be more effective if someone approaches you and takes hold of your wrist. You simply slide the prongs onto the attacker’s hands and fire. At that point, you may get away.
However, if someone approaches you and sprays you with pepper spray, then there is little you can do to avoid being exposed to the substance yourself.
Although some people might want to learn how to wield a taser, you do not need use a taser as a defensive item. Many would much rather feel the benefits of a taser hidden in their purse or passed along someone in an emergency.
Taser ownership tips
The purpose of this article is to share the laws surrounding Tasers in Pennsylvania and while specific training or legal advice will not be provided, I would like to take this opportunity to make some recommendations to individuals who elect to carry a Taser.
First and foremost, I must advise that an individual who elects to carry a Taser (or stun gun, or other electroshock weapon) undergo some sort of instruction or training prior to use. An individual should also familiarize themselves with how Tasers function and should consider how they may be subject to liability in the event the device is discharged. As such, I am talking here about the civil liability that can be imposed as opposed to the criminal liability. For example, should an individual carry their taser on a regular basis and it somehow discharges or malfunctions during an encounter, the individual may find themselves without a defense to a civil lawsuit.
Even if an individual carries a Taser in their home or place of business, it is wise to take the device offline or in some way secure it when the device is not in use or not in a state of readiness to discharge. At the very least, those who are trained to use Tasers are likely to keep it uncharged in the event that it is accidentally discharged.
Also, an individual should get to know his or her Taser intimately. How it operates. What happens during a malfunction . How long the battery lasts. How it feels when it is discharged. And so on and so forth. The more familiar you are with your Taser, the less likely it will be accidentally discharged in a stressful encounter.
Some may also think it wise to keep the instructions cracked open half way in your home, or memorize sections of the manual, or otherwise assure that oneself or another close by is familiar with the instructions. Although this may seem unnecessary, it may be helpful in the event that a police officer attempts to confiscate the device and those close by or the device owner knows it cannot be removed in the given situation.
Finally, beyond simply carrying the taser, you must also carry it as recommended and as required by law. This means keeping the weapon concealed in a purse, holster, or other carrying device. Also, consider how it is carried as exposed tasers may be more likely to be attacked if an individual believes the taser(s) is ready. Maintaining an "empty" taser while it is exposed may be helpful in deterring assault or robbery when individuals believe the taser is readied. As with any other weapon, you must also warn those around you as you approach or cross boundaries into restricted areas.
Finally, you should get comfortable with the law on your side before obtaining a taser, use it for self-defense, or maintain it in your home or place of business.