In California, seven taser laws to know are:
- the definition of the taser,
- who can lawfully own one,
- where you cannot have one,
- concealed carry rules for your taser,
- self-defense rules,
- defense of property laws, and
- the penalties for violating the law.
Understanding these California laws can help you comply with them.
1. Taser or stun gun defined
Tasers are treated the same as stun guns in California. According to California state law, a stun gun is:
“…any item, except a less lethal weapon, 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.”[1]
This definition also covers tasers, even though tasers are different from stun guns. While stun guns need direct contact to shock someone, tasers shoot electrified darts. However, both are meant to immobilize someone with an electrical charge temporarily. Neither is a deadly weapon.
Note that this law does not cover other common weapons and may be regulated differently. These include:
- zip guns,
- pepper spray,
- bear spray,
- switchblades,
- belt buckle knives, and
- brass knuckles
2. Who can have one
California law makes tasers legal for anyone to own, possess, use, or purchase, with the following exceptions:
- convicted felons,
- anyone with a prior conviction for assault or for the misuse of a stun gun or taser,
- anyone addicted to narcotics, and
- minors under the age of 16.[2]
Minors aged 16 or 17 can only have a taser with the written consent of a parent.[3]
3. Where you cannot have one
California and federal law prohibit you from possessing a taser or stun gun in a(n):
- government building,
- school, including the school grounds,
- state building,
- secure passenger terminal in a port or harbor facility,
- airport, past Transportation Security Administration (TSA) security checkpoints, and
- meeting that is required, by law, to be open to the public, no matter where it is being held.[4]
This includes possession in a bag, rather than on your person. For example, the TSA’s stun gun laws forbid you from flying with a Taser in your carry-on bags.[5]
On-duty police officers and potentially other authorized personnel may be exempt from these restrictions.
There may also be restrictions under local law in some jurisdictions in the state of California.
4. Concealed carry laws
You can carry tasers in concealment and out of sight of others without a permit. Tasers are not firearms and so are not subject to concealed carry laws.
5. California self-defense law
Many people carry tasers for self-defense purposes. However, our criminal defense attorneys have found that lots of people who carry tasers for this reason do not fully understand their right to use self-defense. In California, you only act in self-defense if:
- you reasonably believed that you were in imminent danger of suffering bodily injury,
- you reasonably believed that you had to use force immediately in order to defend against that danger, and
- you used no more force than was necessary.[6]
Note that this does not require you to retreat first in order to claim self-defense. California is a “stand your ground” state.
If you started the altercation, you can only claim self-defense if:
- you made a good faith effort to stop the altercation, and communicated that effort to the other person, or
- you started the incident with non-deadly force, but the other person responded with deadly force.[7]
This right to self-defense is not limited to defending yourself. You can also act in defense of another person.
6. Defense of property law
California also has laws concerning the defense of property. These apply when you are not worried about getting hurt, but want to prevent someone from taking your belongings.
In California, you have the right to defend your property through the use of reasonable force. Force is reasonable if a reasonable person would have used it in similar circumstances. All of the circumstances matter, both as they were and as they appeared to you.[8]
Our criminal defense attorneys have found that this defense tends to come up fairly often over taser usage. This can happen if you use your taser on someone who you thought was going to rob you.
7. Penalties for breaking the law
The penalties for breaking the law depend on which law was broken.
A first-time offense for the following are infractions:
- unlawful possession of a taser, and
- unlawful sale of a taser to a minor under the age of 16.[9]
A conviction carries a $50 fine. Subsequent violations are misdemeanors.[10] These misdemeanor convictions carry up to:
- 6 months in jail,
- $1,000 in fines, and/or
- summary probation.[11]
The criminal defense lawyers at our law firm have found that most people with nonviolent criminal records get probation rather than jail time. However, there are exceptions.
It is also a crime to use a taser on someone when not acting in lawful self-defense. This constitutes assault with a stun gun.[12] This offense is a wobbler. Prosecutors can file criminal charges and pursue the offense as either a felony or as a misdemeanor.
If charged as a misdemeanor offense, a conviction carries up to 1 year in county jail.[13]
If charged as a felony, you can be imprisoned for:
- 16 months,
- 2 years, or
- 3 years.[14]
The penalties can be higher if you use a taser on law enforcement or a peace officer, or a school employee or firefighter.
Both misdemeanor and felony convictions can appear in a background check.
Legal References:
[1] California Penal Code 17230 PC.
[2] California Penal Code 22610 PC.
[3] California Penal Code 22610(d) PC.
[4] California Penal Code sections 171 and 626.10 PC.
[5] TSA, “What Can I Bring? Stun Guns / Shocking Devices.”
[6] California Criminal Jury Instructions (CALCRIM) No. 3470.
[7] Same.
[8] CALCRIM No. 3476.
[9] California Penal Code 22610 PC.
[10] Same.
[11] California Penal Code 19 PC.
[12] California Penal Code 244.5 PC.
[13] California Penal Code 244.5(b) PC.
[14] Same.
