Stun Gun Legal Status
Pennsylvania law prohibits the possession or use of certain weapons. Examples of prohibited weapons include, but are not limited to, artillery, gun silencers, machine guns, defensive devices, chemical weapons, hollow-point bullets, and blackjacks. These weapons may be prohibited due to their association with criminal activities or simply because they are too dangerous. Moreover, within this list of prohibited weapons are weapons like stun guns that are not inherently dangerous, but because they are commonly used during the commission of drug offenses, they have become prohibited in many states throughout the nation.
Traditionally, Pennsylvania has maintained a Status Quo Policy against stun guns. This means, following Katz v. O’Connell (1977), Pennsylvania courts have refrained from accepting that stun guns are not generally dangerous weapons. This is atypical of most other states in the country that have made a policy of recognizing stun guns as a legitimate form of self-defense so that their legality in these other states is clear. However , Pennsylvania has recently taken measures to change its Status Quo Policy with regard to stun guns. In 2016, the United States Supreme Court held, in Caetano v. Massachusetts, that stun guns and Tasers are not firearms under state gun control laws. Following this ruling, the Pennsylvania House Bill No. 1938 was enacted in April of 2017 to exempt stun guns and Tasers from what is known as the Uniform Firearms Act’s ban on carrying firearms. In doing so, Bill No. 1938 authorized "the use of non-lethal electric weaponry" across the state of Pennsylvania, thereby broadening the legality of the use of firearms, just as other states across the country have done.
Today, stun guns are a legitimate form of self-defense that can be carried and possessed legally in the state of Pennsylvania only if they are approved.
Specific Laws and Restrictions
Stun gun regulations in Pennsylvania are a bit more complicated than the general State Gun Law. Pennsylvania has different laws for different kinds of stun guns and use of stun guns.
Under the Rules and Regulations of the Pennsylvania Gaming Control Board, no person under the age of 21 may own or use any device designed to stun or electrocute another person that is offered for use in the areas of a facility used for the conduct of licensed gaming activities. The same applies for as long as the person is a registered nonmanagement or management level employee of a licensed entity. However, there are exceptions. Law enforcement officers are exempt from the age restriction, and employees of the Pennsylvania Gaming Control Board assigned to the Bureau of Gaming Operations are permitted to temporarily carry and use stun type weapons while on duty.
The Pennsylvania Crimes Code, Title 18 Chapter 9 § 6106 specifically mentions stun guns. The chapter prohibits the possession of any stun weapon to be carried without a valid permit, certificate or other license. The chapter also prohibits the possession of a stun gun at any time inside any school, courthouse or any other place designated as a facility that children must pass through to get to school. In addition, it also prohibits possessing a stun gun at any time in any facility where services will be provided for individuals below the age of 18. Under Title 18 Chapter 5 § 2705, charging or threatening to charge someone with a stun gun is an aggravated assault. Any person reasonably believing themselves to be a victim of an aggravated assault may use reasonable force to defend their person.
Criminal Penalties for Possession
As previously mentioned, stun guns are legal to possess in Pennsylvania under certain circumstances, but illegal to possess or use under other circumstances. This means it is important to understand sting weapons law in Pennsylvania in order to avoid unnecessary legal problems or complications.
In most cases, a person will be charged with a misdemeanor for illegal possession of a stun gun under 18 Pa.C.S. § 908. That means there is the potential of up to five (5) years in prison and a $10,000 fine upon conviction. A person found guilty of electronic incapacitation weapon violations such as using a stun gun unlawfully under § 18 Pa.C.S. § 907 could face even harsher criminal penalties.
Stun gun violations are charged as summary offenses under § 18 Pa.C.S. § 908(a)(4), which is the 10th degree of criminal offenses in Pennsylvania. Under 18 Pa.C.S. § 908(d), penalties may include fines up to $300 and costs of prosecution.
Stun Guns vs. Other Weapons for Self-Defense
In Pennsylvania, stun guns are comparable to several other legal self-defense weapons, including pepper spray. But how do they stack up against more traditional tools like baseball bats and personal and home alarms?
Pepper Spray
While the law treats stun guns as "weapons" and "firearms" under the Crimes Code, pepper spray is not mentioned anywhere in that book. The only statutory references to pepper spray in PA law appear in legislation regarding strip searches and the school code. Therefore, as of 2015, pepper spray is not considered to be a firearm under Pennsylvania law, but it is considered to be a weapon. In many respects, pepper spray is similar to both stun guns and firearms, but with its own unique sets of pros and cons. While legal to possess and carry everywhere in the Commonwealth, including in Philadelphia, pepper spray is not as readily available at your local Walmart or Dick’s Sporting Goods. But unlike stun guns and firearms, both these stores are sure to be stocking some variety of it. Additionally, while pepper spray can be used for self-defense, shot placement is essential for it to be effective. And unlike stun guns, pepper spray does not offer a back-up option in case of malfunction. With a stun gun, once the perp is stunned your hand will not have to be as steady and there is no need to worry about wind drift (or having a kid run through your shot) . On the other hand, a malfunctioning stun gun is a paperweight, while a malfunctioning can of pepper spray usually can be fixed with list of household objects and a can-do attitude. Another positive for pepper spray is that it costs less than a quarter of what a stun gun costs and is less invasive to order, although Pennsylvania law still limits the quantity of pepper spray that you can buy to 20 or 21 ounces (depending on which statute you read). As I mentioned before, pepper spray is legal to carry everywhere in Pennsylvania, including in Philadelphia. Because pepper spray is neither a firearm nor a weapon, unlike with a stun gun and firearm, there is no need to inform police officers that you have it in your possession.
Other Legal Weapons
There are myriad other self-defense tools that are legal in Pennsylvania. You could carry a mace key chain, a goldeneye key chain, a bat, a pole vault, a TV remote…basically anything that is not a gun, knife, stun gun, switch blade, bow and arrow, shotgun, rifle, or firearm, among other restricted items. Although these items are all legal to carry, it may not be beneficial to do so. Generally, the law requires that one exercise reasonable judgment regarding the use of any weapon in self-defense and the courts in this state have been made that much easier with a stun gun for personal protection in Philadelphia.
Safe and Legal Stun Gun Use
Should you choose to equip yourself with a stun gun in Pennsylvania, it is important to understand the most effective way to use these devices and the appropriate circumstances. While stun guns are considered legal self-defense weapons, the use of excessive force in detaining someone may result in criminal liability.
Safety is the most crucial consideration when using a stun gun, and learning how to wield your stun gun properly is paramount to avoiding any accidents. Here are some helpful tips: The last line of defense: Use stun guns only as a last resort. In the event of a physical confrontation with another person, try to avoid using a stun gun if at all possible. Explain to that person why you feel threatened and why you feel it’s necessary to defend yourself – sometimes, this will diffuse the situation enough that you won’t need to use force. Immediate Threat: If you do feel an immediate threat to your safety, use your stun gun as you would any other type of weapon, but take care to avoid excessive force. Empower yourself by studying the laws of Pennsylvania regarding stun gun use in self-defense situations, so you’ll know what is acceptable and what is not when it comes to protecting yourself. Keep a Steady Hand: Practice using your stun gun so that you can become familiar with its operation. Take time to familiarize yourself with the location of the activator button and the port where the safety cap sits. Recharge regularly: If your stun gun needs to be recharged, ensure that you do so immediately so that it is ready to go when you need it. Don’t test it to see if it will work. Depleting your stun gun battery by testing it will ultimately leave you with an inoperable device that will do no good when you need it. Will a stun gun work through clothing? It depends on the type of clothing you are wearing and whether the item is tight or loose-fitting. As a general rule, a stun gun will penetrate thin, close-fitting fabrics such as T-shirts and shorts, but loose-fitting items like sweatshirts, thick jackets and heavy pants will not be able to be penetrated effectively by a stun gun. Stun guns are legal self-defense options in Pennsylvania, but they should only be used in safe and legal ways, as outlined.
Common Questions
Do I need a license to own a stun gun in Pennsylvania?
No. According to Pennsylvania law, stun guns and tasers are not classified as firearms (18 Pa.C.S.A. § 6102). While state law prohibits the carrying of concealed weapons without a license, there is no law governing weapons such as bludgeons, knives, or stun guns/tasers for personal protection. The only limitation is in regard to possession. A person may not possess a stun gun who is prohibited from possessing firearms under other laws in the state (18 Pa.C.S.A. § 6105) .
Is possession of a stun gun a felony offense in Pennsylvania?
No. Under 18 Pa.C.S.A. § 907 Possessing a weapon of mass destruction, the definition of weapon of mass destruction does include tasers and stun guns. However, it is classified as a second degree misdemeanor. Under 18 Pa.C.S.A. § 907, a person convicted will serve up to 2 years in jail, or if charged with possessing a stun gun or taser, a fine of up to $5,000 may be imposed. These penalties will apply regardless of the intent to use the taser or stun gun for any unlawful purpose.