Arizona Stun Gun Laws Explained
Like most non-lethal self-defense weapons, the legality of stun guns can vary significantly from state to state. Under A.R.S. section 13-3101(3)(c), tasers are illegal because tasers both shoot projectiles and have the ability to release a shock. While they may be similar in function, law makers and prosecutors have sought to draw a bright line distinction between tasers and stun guns (which lack the projectile shooting mechanism). Under that same section of the code, stun guns are not a prohibited weapon. Lawyer Bob McWhirter has explained the difference between legalized stun guns and prohibited tasers: "As with any bright line dividing line, people often try to cut across it. Accordingly, it is important to recognize the clear line of demarcation here. A taser shoots projectiles which apply an electric current by way of a solenoid coil inside the cartridge . Because a taser shoots projectiles, it functions like a firearm, falls under the prohibitions of Arizona’s gun laws, and cannot be owned, possessed or purchased without the proper licenses. The stun gun utilizes a solenoid coil that runs parallel to the electrical circuit and operates much like the spark plug of a car. When applied, the current simply travels from the ‘probes’ across the open circuit, like a spark plug in a car, and ‘jumps’ when the gap is closed. The taser, like the pistol, applies the current through the shot projectile, while the stun gun uses the gap between the probes to deliver the current. In short, a taser shoots darts, a stun gun does not." See Bob McWhirter, Where Did I Leave My Gun? The (Very Brief) History of Prohibited Weapons and the Need-to-Know If You Are Carrying One, Stansfield Law Firm Blog, Jan. 4, 2009.
Persons Authorized to Carry Stun Guns in Arizona
To legally possess or carry a stun gun in Arizona, one must be 18 years of age or older or must have the written consent of his/her parent or guardian if under 18 years of age. Without parental consent, a minor may not possess, carry, or use an electronic stun device. Concerning permits or licenses, our interpretation is that a permit is not required to legally possess or carry a stun gun device in Arizona. In other words, as long as someone is 18 years or older, it is legal for that person to possess and carry an electronic stun device without a permit or license. However, the device must be carried directly on the person or in his/her immediate control and should not be concealed.
Prohibited Use of Stun Guns
A significant limitation in Arizona is the prohibition against carrying a stun gun into a "prohibited place." A "prohibited place" is defined under ARS 12-251.09 as any "gathering place for worship or other purpose of any church, temple or other religion, jail or prison, polling place, courthouse, meeting place (of the Legislature or a political party or lobbyist), polling place, or any game preserve or wildlife sanctuary." Violating thes restriction is a class 2 misdemeanor.
The law, ARS 13-3101(A)(5), makes it unlawful to use, possess or carry in Arizona any "deadly weapon" (which includes a firearm or stun gun) with the "intent to injure, terrify or cause harm to any person or property" or "for any purpose not lawful" (unlawful "use"). This provision appears to cover a wide variety of activities that would otherwise be lawful uses of stun guns as a defensive weapon or for self-protection purposes. The challenge for a person who is prosecuted under this provision is the burden of proving the intent to cause injury, terror or harm against a stun gun user who has not caused any injury, possessed the stun gun for lawful self-protection purposes, and who used the stun gun in a manner that indicates a lawful defensive or self-protection purpose (e.g. aiming it at a potential attacker to deter his/her attack, intimidating a potential attacker or potential aggressor, etc.). As noted, the law gives the prosecutor the benefit of having a jury or judge make an inference of intent based on the surrounding circumstances.
A stunning number of legal restrictions and exceptions apply in Arizona to the possession, carrying, and/or use of stun guns or Tasers. For example, under ARS 12-251.03, a "holder of a hunting or fishing license" may possess stun guns while hunting or fishing, while ARS 12-251.04 makes an exception to ARS 12-251.03 for "the holder of a valid trapping license" to use stun guns while trapping. In addition, ARS 12-251.05 authorizing a peace officer or a "person designated by a peace officer" to possess, use, or carry stun guns in the same manner and under the same circumstances as the peace officer. Similarly, ARS 12-251.06 authorizes "a member of a local sheriff’s posse" to possess, use, or carry stun guns while "on the premises and directly" related to posse duties. Other exceptions are made under ARS 12-251.07 to "an employee of the Department of Administration" or "a volunteer designated by the Department of Education." ARS 12-251.08 even permits a person to "possess, use or carry" stun guns in his house, car, or "personal property".
The criminal law provisions, however, make no exception to the general prohibition on "assault" under ARS 13-1203 even when a stun gun is used as a safe substitute for a "dangerous instrument" or "deadly weapon". Under ARS 13-201(A), "a person is legally accountable for the conduct of another" if: Because of the legal accountability statute, the legality of using a stun gun as a substitute for a "deadly weapon" (including a firearm) is less than certain. It is difficult to say whether a person who allows friends or family members to use a stun gun to "softly" poke a prank victim with the stun gun may be guilty under ARS 13-1203 as an accessory to the assault. Unlike guns or blades, stun guns offer no inherent danger or risk of serious injury or death to a person. Nonetheless, Arizona law requires a person to take extraordinary precautions to avoid conducting himself or herself in a manner that could be interpreted as supporting, causing, or encouraging conduct that a reasonable person would recognize "could cause or contribute" to assault.
Criminal Penalties for Illicit Use Of Possession
Arizona’s penal code does not distinguish between legal and illegal possession of a stun gun. Laws governing all weapons in Arizona are contained in Arizona Revised Statutes Title 13 Chapter 31 (13-3101 through 13-3122). A person who possesses, sells, or uses a stun gun or any other weapon that reportedly incapacitates an assailant against a fellow citizen or law enforcement officer is committing a class 6 felony. The courts will impose a sentence including potential fines of $150,000.
A person who uses a stun gun for purposes other than self-defense can be charged with harassment and may serve time in prison and/or pay a fine. The offense of harassment is defined in Title 13 Chapter 29 (13-1201). A person convicted of harassment may be required to pay a fine of not less than $250 or serve not less than 10 days’ imprisonment , up to a maximum fine of $2500 and imprisonment for up to six months. This offense is charged as a class 1 misdemeanor.
A court may deem the use of a stun gun as aggravated assault. Under the Arizona Penal Code Title 13 Chapter 20 (13-201 through 13-244), a person can be charged with aggravated assault under the following circumstances:
The primary focus of Arizona’s laws on the illegal possession and use of stun guns rests upon the intent of the user. Misuse of a stun gun can be the basis for penalties based on harassment or aggravated assault. Stun guns used for self-defense are legal, although a state permit may be needed in order for the user of the stun gun to be exempt from an aggravation assault charge.
How to Obtain a Stun Gun Lawfully in Arizona
The best way to obtain a stun gun in Arizona is to buy it from an authorized stun gun retailer. A list of these retailers can be found online. Respected retailers are going to require customers to fill out a registration and liability waiver form prior to purchasing a stun gun. Since stunning someone can cause injury, sellers want to be able to prove they are prepared just in case something goes horribly wrong.
Proving you are at least 18 years of age is going to be necessary. Alternatively, you can have your stun gun purchase as a minor co-signed by a parent or guardian who is 18 or older. In this scenario, the stun gun needs to be kept at home and only used when necessary. If you plan on purchasing more than one stun gun, you need to shop around, since there is usually a limit of how many you can buy.
Although no background check is required, some retailers may do some digging on top of requiring a waiver form. You could also be photographed before walking out the door with your new stun gun.
The process of buying a stun gun is relatively uneventful, and it usually takes less than an hour to complete. Assuming you meet the minimum age requirements, you may very well leave the store with a stun gun in hand the same day you enter it.
Arizona Stun Gun Laws Compared To Other States
Although Arizona has been fairly liberal with regard to stun gun possession, many states continue to have stricter stun gun laws and regulations. For example, while Arizona allows people to carry a stun gun in their carry-on bag while flying, Alaska, Massachusetts, New Jersey, New York, Oregon, and Washington all completely prohibit stun guns aboard commercial airline flights (even in checked luggage). Several other states allow stun guns only in checked luggage .
Illinois and Minnesota have prohibited stun guns for civilian use but will gradually roll out permits and licensing for civilian possession and carry of self-defense stun guns by 2013. In Utah, which has been fairly liberal in regard to stun guns, a woman was recently killed when she was unable to use her stun gun to defend herself from a man. She had allowed the permit for her stun gun to expire a month earlier and had not realized she would be subject to arrest if caught with the stun gun.
While most states have a complete ban on sales of stun guns to minors, there do not appear to be age restrictions in place with regard to possession.