Are Stun Guns Legal in Texas?
Although the term "stun gun" is sometimes used generically to refer to a device that disrupts the body’s voluntary muscle movement, there are in fact more than 20 different kinds of hand-held electroshock weapons. Which kind you have matters for purposes of Texas law — only two are pointable electronic control devices, i.e. the Taser and the stun gun. Only the stun gun is legal to use in Texas, but no permit is required. While the law does not define "stun gun , " the Texas Penal Code has included in its definition of "electronic incapacitation device, or EID," both the Taser and the stun gun.
As with any offense in the Texas Penal Code, which includes offenses involving deadly force, the use of force in defense of yourself — or the defense of a third person or in some instances even a personal property interest — can be used to avoid punishment for the use of a stun gun in Texas.
Basic Texas Laws Regarding the Use of Stun Guns
Current Texas law states that "a person is not required to retreat before using force or deadly force against another," and using an electronic device "is justified if a person believes that the force is immediately necessary to protect the person against the other’s use or attempted use of unlawful deadly force." To this end, the Texas Penal Code lists some of the parameters and limitations regarding the use of electronically operated weapons. Simply put, these are electric weapons that are activated by batteries, charges or wires, and are "designed to incapacitate a person by the infliction of an electric shock with the purpose of causing temporary or permanent alteration in the normal functioning of a person’s nervous system." These include, but are not limited to, stun guns and tasers.
A stun gun or taser is defined legally as an "electrically operated weapon that is designed to immobilize a person temporarily by the application of an electric current…" Any type of electric weapon falls under the Penal Code’s heading for "unlawful carrying weapons," which states: "A person commits an offense if the person goes with a firearm, illegal knife, or club on or about his or her person." The terms "club" and "illegal knife" are further defined in the Penal Code. Regarding electronic weapons, it is illegal to "use, display, or use an electric weapon in a manner designed to cause physical harm," or in other words: "Knowingly or intentionally touches another with any part of the person’s body… in a rude, offensive, or provocative manner." Carrying an electric weapon is not necessarily required to be considered illegal possession. It is also illegal if the person "intentionally or knowingly exhibits a firearm, illegal knife, or club… in a public place," which, again, is defined in the Penal Code, and includes electric weapons. Exceptions to this include people licensed to carry a concealed handgun and peace officers, or correction officers who are acting in compliance with the Penal Code. Additionally, it is considered an affirmative defense if the individual is acting "in response to resistance or threatened resistance of another," or in most cases, in self-defense.
In order to own a stun gun and be legally protected by Texas law, you must be at least 18 years of age, and can be charged with a crime for carrying a stun gun if you are underage, and will face more severe crime charges if the weapon you are using is visibly displayed to the public. Stun guns are generally legal, however, even to unlicensed users, if they are for sporting, trapping or hunting purposes.
Where You Can Legally Carry a Stun Gun in Texas
In general, Texas law allows individuals with permits to carry stun guns in public places. This includes places such as parks, streets, sidewalks, roads, and other common areas where others may be present. Even if a property is privately owned, such as a shopping mall or local attraction, if those locations have been made available to the public, they can still be legally carried there.
Likewise, places that were once made public but that now have restrictions against carrying weapons are still lawful places for stun gun carriers in Texas to enter. Since property that is open to the public is no longer open, if this information is made available to others, this still renders that property a lawful place for stun gun owners. This also covers carry where competition events are held, such as county fairs or state exhibitions.
Under Texas law, school grounds are also lawful areas for carrying stun guns. School grounds mean the following locations: Although wearing stun guns on school grounds is allowed, they may not be worn during any sporting events at the school, athletic events sponsored by the school, or interscholastic athletic events. Those exceptions apply for both colleges and universities, as well as primary and secondary schools.
Penalties for Illegal Use of Stun Guns in Texas
Illegal and unlawful use of stun devices, commonly referred to as "stun guns", in Texas can result in several different consequences, depending on the nature and extent of the alleged offense.
Generally, if someone obtains a stun gun, meaning presumably a stun gun that has not yet been used, without the permission of the owner of that stun gun, then such conduct can be charged as a Class A Misdemeanor in Texas (Penal Code 32.12, possession or carrying of prohibited weapons). This offense usually occurs when someone uses a stun gun to commit a crime, such as robbery, thus giving the stun gun back to the original owner immediately thereafter.
The unlawful use of a stun gun, or other deadly weapon, might also have the consequence of a felony charge for aggravated robbery or aggravated assault, depending on the degree of injury to the victim. (Penal Code § 20.04(a)(1), aggravated robbery; Penal Code § 22.02(a)(2), aggravated assault). Texas state law recognizes the following legal uses of stun guns and related defense weapons: Penal Code § 46.01(12) states: "Sec. 46.01. DEFINITIONS. In this chapter: (12) "Handgun" means any firearm that is designed, made, or adapted to be fired with one hand. The term includes the frame or receiver of such a weapon. (3) "Legal Knife" means a knife that has a blade or blades not falling within the meaning of any of the three definitions preceding it in this section. The term includes a dirk, dagger, bowie knife, or stiletto. (4) "Knife" means a bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting, stabbing, or piercing a person, by being thrown, projected, or drawn across a person, or by being used as a club or blunt object. A "knife" is not excluded from the term "illegal knife." (16) "Club" means an instrument that is designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument It is illegal to carry any "club" (see Penal Code §1(c)) or "illegal knife" (see above) anywhere in Texas.
How Texas Stun Gun Laws Differ From Other States
Texas is fairly permissive when it comes to stun gun laws compared to many other states. For example, New York permits the use of electric shock weapons and tasers- but only for self-defense. Rhode Island has no restrictions on stun guns, tasers, or other electronic weapons. North Carolina requires that stun guns be registered before use. On the other end of the spectrum, California recognizes members of the "California Third Party Security Services" as the only authorized users of tasers, which are labeled as "restricted electrical weapons . " While many states list tasers in the same category as firearms, which would require a permit, (such as in the state of Maryland), other states, such as Montana, have no laws whatsoever regarding stun guns.
The lack of uniformity helps you grasp both the broad acceptance of stun guns, but also the discrepancy across the country, causing uncertainty in where weapons are permitted.
In the case of Texas stun gun laws, there is one area of restriction: they cannot be carried to a school or interscholastic organization sporting event. Elsewhere, though, they are legal for open carry as a self-defense weapon.
Changes & Revisions to Stun Gun Laws in Texas
The laws surrounding stun guns in Texas have changed dramatically over the past decade. Most of these changes resulted from the Supreme Court striking down an unconstitutional law that prohibited both the sale and possession of stun devices.
The ban was placed on the books in Texas rule section 46.01 (4). The rule, originally enacted in 1973, reads: "(4) an "illegal knife" means a knife with a blade over five and one-half inches." It included definitions for "hand instrument," dagger," "dirk knife," "stun gun," poppy, "throwing star," and others.
A lawsuit was filed against state officials in the U.S. District Court for the Western District of Texas by Britain and three other plaintiffs who claimed that the total ban on the sale and possession of stun guns and other electronic control devices violated the Second Amendment of the U.S. Constitution.
And on June 27, 2016, the Supreme Court issued a per curiam decision in the case of Caetano v. Massachusetts, No. 14-10078, which struck down the state ban in Massachusetts on stun guns. The chief justice issued the judgment of the court with an opinion stating that the stun guns were protected under the Second Amendment to the Constitution, in part because Massachusetts had banned "arms carried openly and challenges [dare] all that human-law-abiding citizens may use" in defense of themselves. The Court went on to say that "the almost 30-year gap between [the passage of the federal Firearm Owners’ Protection Act and its inclusion of "other arms"], the 26 states that currently have laws protecting both the possession and civilian use of stun guns, and the absence of a legislative history supporting [Massachusetts’ law banning them]," contributed to its decision.
And in 2017, with the lawsuit citing as support this Supreme Court decision, the state of Texas removed from its laws the ban on the possession, use, sale, offer to sell, manufacture, transport, repair, or transfer of any stun weapon.
Precautions for Using Stun Guns Safely and Responsibly
The basic idea of using a stun gun is that it can be used as a defensive weapon to incapacitate an attacker long enough for you to escape and seek help. When someone buys a stun gun in Texas, he or she hopes to use it only in emergencies and short, controlled bursts. Although the weapon is legal to carry and use, it is crucial to use it only in self-defense situations. It is also necessary to ensure that the stun gun cannot be used against you if it is taken from you.
The goal of using your stun gun is to stop the attacker momentarily in a way that will allow you to get away. Experts point out that many people believe they could use the weapon for longer than is realistic. To discourage criminals, the weapon should not be used if the attacker is far away or it is being transported . Keep it hidden when you are not using it.
If a criminal is attempting to grab the weapon out of your hands to turn it on you, hit his or her hand with the stun gun and immediately turn it off. Do not try to wrest the weapon away from the person. He or she may be able to overpower you.
When using a stun gun, there is a chance that the attacker will get too close. What do you do then? Experts recommend hitting the attack and then turning the device off and trying to escape. If you drop the gun in the struggle, immediately try to retrieve it and get away. You can also think ahead and purchase a stun gun that is attached to a wrist strap.
You also want to practice using the stun gun so that it works correctly when it matters most. You should also be sure to check the battery regularly to ensure it is fully charged.