STUN GUNS

The use of stun guns and “tasers” has grown immensely in the past few years because of their ability to stop an attacker in a non-lethal manner. However, stun guns are still weapons and as such, they are still regulated by law.

What is the legal definition of firing a gun or other firearm in a public area?

The laws relating to removing or changing the serial number on a weapon are governed by NRS 202.357.

NRS 202.357 – Electronic stun device: Use prohibited except for self-defense; possession by certain persons prohibited; sale, gift or other provision to certain persons prohibited; penalties.

  1. Except as otherwise provided in this section, a person shall not use an electronic stun device on another person for any purpose other than self-defense.
  2. Except as otherwise provided in this section, a person shall not have in his or her possession or under his or her custody or control any electronic stun device if the person:
    1. Has been convicted of a felony in this State or any other state, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America, unless the person has received a pardon and the pardon does not restrict his or her right to bear arms;
    2. Is a fugitive from justice;
    3. Has been adjudicated as mentally ill or has been committed to any mental health facility; or
    4. Is illegally or unlawfully in the United States.
  3. A child under 18 years of age shall not have in his or her possession or under his or her custody or control any electronic stun device.
  4. Except as otherwise provided in this section, a person within this State shall not sell, give or otherwise provide an electronic stun device to another person if he or she has actual knowledge that the other person:
    1. Is a child under 18 years of age;
    2. Has been convicted of a felony in this State or any other state, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America, unless the other person has received a pardon and the pardon does not restrict his or her right to bear arms;
    3. Is a fugitive from justice;
    4. Has been adjudicated as mentally ill or has been committed to any mental health facility; or
    5. Is illegally or unlawfully in the United States.
  5. A person who violates the provisions of:
    1. Subsection 1 or paragraph (a) or (b) of subsection 2 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
    2. Paragraph (c) or (d) of subsection 2 is guilty of a category D felony and shall be punished as provided in NRS 193.130.
  6. A child who violates the provisions of subsection 3 commits a delinquent act and the court may order the detention of the child in the same manner as if the child had committed an act that would have been a felony if committed by an adult.
  7. A person who violates the provisions of subsection 4 is guilty of a category D felony and shall be punished as provided in NRS 193.130.
  8. The provisions of subsections 1, 2 and 4 do not apply to a peace officer who possesses or uses or sells, gives or otherwise provides to another person an electronic stun device within the scope of his or her duties.
  9. As used in this section, “electronic stun device: means a device that:
    1. Emits an electrical charge or current that is transmitted by projectile, physical contact, or other means; and
    2. Is designed to disable a person or animal temporarily or permanently.

Aren’t tasers legal? I see them being sold all the time for self-defense.

Yes, unless there is a legal reason why you are not allowed to own or possess a stun gun. However, there is only one acceptable and legal purpose for possessing a stun gun. Some of the reasons why a person may not be allowed to own a gun include:

  • The person has been convicted of a felony in any State or territory of the United States;
  • Is a fugitive from justice;
  • Has been declared mentally ill by a court;
  • Has been committed to any mental health facility, whether by choice or not;
  • Is in the United States illegally; or
  • Is under the age of 18.

If none of the above categories applies to you, then you can legally possess a taser or stun gun.

Please Note: the laws pertaining to Stun Guns also criminalize providing a stun gun to someone who is a member of any one of the above mentioned groups.

What are the possible penalties?

Anyone who owns or possesses a stun gun for uses other than self-defense can be charged with a category B felony and will be facing:

  • Between 1 and 6 years in a state prison; and
  • Possible fines up to $5,000.

Owning or possessing a stun gun despite being a fugitive from justice or having been convicted of a felony in any State or territory of the United States is also a category B felony, with possible penalties of:

  • Between 1 and 6 years in a state prison; and
  • Possible fines up to $5,000.

Owning or possessing a stun gun despite being illegally within the United States, legally declared mentally incompetent, or having been committed to a mental health facility is a category D felony, which carries with it:

  • Between 1 and 4 years in a state prison; and
  • Possible fines up to $5,000.

Any child under the age of 18 who owns or possesses a stun gun will be charged:

  • With a “delinquent act”; and
  • Possible detention in the same manner as if the child had committed a felony, were he or she an adult.

Anyone who sells, gives, or otherwise provides a stun gun to someone who is not legally allowed to possess the stun gun will be charged with a category D felony, which carries with it:

  • Between 1 and 4 years in a state prison; and
  • Possible fines up to $5,000.

Are there any Defenses?

Yes, of course there are. Some of the possible defenses include:

  • Permission/Consent – As noted above, stun guns can only be possessed for the purposes of self-defense. But, as the prevalence of You Tube videos will attest to, many people choose to allow themselves to be “tazed” by a stun gun for the purposes of their own and others’ entertainment. While using a stun gun for this purpose does not show intent beyond self-defense, if this use is being used as evidence that your ownership is not for the purpose of self-defense, then the ‘stunned’ person’s willingness to be ‘stunned’ would counter that evidence.
  • Peace officer in scope of duties – A peace officer who uses, sells, gives or otherwise provides a stun gun while in the scope of his or her duties has not committed a crime. Any such peace officer charged with the use or sale of a stun gun should have the charges dropped or dismissed.
  • Lack of Evidence – As with any crime, the prosecution bears the burden of proving every element of the crime “beyond a reasonable doubt.” If there is not enough evidence to uphold this high level of proof, then the charges should be dropped or dismissed.

What should I do if I’ve been charged with a crime involving a Stun Gun?

As with any crime, it is very important that you speak with an experienced criminal defense attorney as soon as possible so that you can discuss the specific circumstances as well as any defenses that may apply to your case.

English EN Spanish ES