All About Stun Guns
A stun gun is a close range self-defense weapon that utilizes high-voltage electricity to temporarily incapacitate a person. Taser guns, on the other hand, function at a distance of up to twenty-five feet. The latter have become increasingly popular with law enforcement agencies for subduing criminal subjects with a minimum amount of harm. The use of stun guns and tasers has only recently gained popularity as an answer to personal safety concerns. While you may be considering the possibility of purchasing one of these devices in an effort to protect yourself from criminals in Washington State, it’s essential that you understand the current regulations pertaining to ownership of these weapons.
Stun guns are considered dangerous weapons in Washington State. As such, there are a number of laws that govern their sale. Certain firearms dealers have a license from the federal government to sell firearms. Stun guns, tasers, and other electronic control devices are not regarded as guns by the federal government. Likewise, these types of weapons don’t fall under the jurisdiction of Washington State firearm laws. However, the state still deems them lethal enough to be considered serious weapons , and there are laws related to their purchase and sale. When you visit a licensed firearms dealer’s business, or even shop for stun guns or tasers online, you should not need to take any other steps to be able to purchase one of these weapons other than simply filling out and signing the bill of sale. The law does not require buyers to obtain permits before they can legally purchase one of these devices, nor does it require that a background check be performed. However, if a firearm dealer or another merchant selling a stun gun or taser chooses to perform such a check, they do not violate any laws in the state by doing so. If you decide not to purchase a stun gun at a gun shop, you still don’t need to apply for a permit or undergo a background check in order to buy one from an online retailer. Although purchases from a private seller, flea market, or gun show may be more likely to spark concern that the seller does not adhere to all legal regulations governing these dangerous weapons, that the seller does not meet the requirements to own a stun gun, or that the seller may be trying to profit from an illegal drug sale, the fact remains that these retail modalities do not require a permit or a background check, either.
Stun Guns and Their Legal Standing in WA State
The legal status of stun guns in Washington is relatively simple, as the state has only one law that could be construed as an outright ban on using or carrying stun guns, tasers, and other electronic control weapons throughout Washington State. RCW 9.41.270 simply states that "except as provided in RCW 9A.16.060," it is a class C felony if any person "manufactures, sells, offers for sale, exposes for sale, or possesses any electronic weapon or restraint." The relevant statute pertaining to the proviso is RCW 9A.16.060, which states that the privileged use of force in self-defense and other circumstances is justifiable. As such, it is a gray area in the law as to whether or not you can legally possess a stun gun or taser in Washington if it can be argued that your intended use falls under one of the circumstances of lawful and permissible use of a taser for self-defense, or if you fully intended to use the taser or stun gun in a manner that violates my state laws — such as using a stun gun to inflict cruel and unusual punishment or torture on a person for unlawful purposes.
Who Can Possess a Stun Gun
Washington State law permits individuals, with or without a concealed pistol license, to purchase, own and possess stun guns. Federal law does not prohibit the purchase and possession of stun guns – except for certain persons, including convicted felons, those with dishonorable military discharge from the military, and adjudicated mentally incompetent persons. Individuals must be 18 years of age or older in order to purchase a stun gun in Washington State. Under VRCW 9.41.270(1), a person convicted of a felony can possess a stun gun provided he or she is no longer under community custody. As such, if you are on parole, probation, or prison release Seattle’s gun crime lawyers warn that you will not be able to obtain your stun gun. No permit or license to purchase a stun gun is required in Washington State.
Restrictions on Where A Stun Gun Can Be Used
The applicable laws contain a number of restrictions on the use of stun guns. A person may not use a stun gun against an assaulting officer in response to a police officer’s showing a badge or other indicia of authority under RCW 9A.76.030(4). Moreover, RCW 9A.94.300 has use restrictions for stun guns. Under this law, a person may not:
For purposes of this restriction, a stun gun is "used" when it is discharged or placed in contact with the skin or to the clothing of another person. This law applies to the use of stun guns sold to individuals under the age of eighteen.
There are a couple of other places where carrying a stun gun is prohibited. RCW 9.41.280 prohibits the possession or control of stun guns in various places including schools, courthouses and other public facilities. This law makes it a gross misdemeanor to carry a stun gun while in a "restricted area". Restricted areas include a public or private elementary school, secondary school, or special purpose school; restricted access areas of professional athletic events; restricted access areas of an outdoor nonprofessional multiday motorsport event; restricted access areas of a public mental health facility; restricted access areas within a game refuge or game management unit; restricted access areas of private property used for the conduct of sporting events to which admission is charged; restricted access areas at a fair licensed under chapter RCW 67.16; restricted access areas at a county fair under chapter 36.37 RCW; restricted areas of an amusement park; restricted access areas of a church or other place of worship; restricted access areas of an election facility; restricted access areas of a show or exhibit of nonfirearm weapons; restricted access areas of a parade or other event for which a local jurisdiction has issued a permit; a restricted access area of a community event for which a local jurisdiction has issued a permit; a correctional facility; a secure area of a juvenile detention facility; a secure area of a secure detoxification facility; a secure area of a secure facility for the treatment of sexually violent predators; or a secure area of a facility as defined by RCW 71.09.020. The law excludes:
This law does not apply to government employees and contractors while engaged in official business and operating a stun gun when within the scope of the employee’s duties and in the course of their employment.
Stun Gun Law Breaks and Consequences
Violating the laws surrounding stun guns in Washington State and elsewhere in the country can bring on several penalties. You may face criminal prosecution, fines, or other negative consequences if you do not know how to legally buy, possess, and use a stun gun in Washington State. Depending on the severity of your actions, you could be charged with a misdemeanor, a felony, or even federal charges. Following are some consequences that may occur as a result of misuse, possession, or sale of a stun gun in Washington State.
If any person knowingly sells a device generally recognized as being a stun gun, shock knife, or taser to a minor , the seller shall be guilty of a gross misdemeanor and shall be punished by a fine of up to five thousand dollars or by imprisonment for a maximum term of one year in the county jail or by both such fine and imprisonment.
- (1) Every person convicted of any crime declared by statute to be a felony shall be punished by a definite term of years. . . . (2) The sentence may be for a maximum of the statutory sentence provided for the crime or any lesser term. . . . (5) If the person is convicted of one or more crimes defined as class C felonies, the sentence shall be for a maximum of five years’ imprisonment or a fine of ten thousand dollars, or both. . . .
- (1) The private ownership of dangerous wild animals is prohibited and declared a public nuisance when the animal is kept as a pet or is kept on the premises of a person whose primary residence is in an urban growth area. . . .
- (3) No person shall own, possess, keep, or maintain a dangerous wild animal as a pet or to be otherwise located on or within five hundred feet of any premises used for human habitation.
How WA’s Stun Gun Laws Compare With Other States
The stun gun laws vary from state to state, and in order to get a better picture of how Washington State’s stun gun laws compare, we can look at several other states. States such as Alaska, Hawaii, Idaho, Montana, Oregon and New Mexico have varying restrictions and requirements for stun gun ownership.
In Alaska, for example, stun gun possession is legal without a permit although it is illegal to use a stun gun on any officer of the law or on any person in any other place where a person has a right to be. It is also restricted for sale to minors and is not legal for use with the intent to harm and to cause injury. They are also prohibited in certain public places.
Hawaii limits stun gun ownership to those who are 18 years of age and over with a valid license and permit to buy. It is illegal to sell, rent, give, transfer or otherwise deal in an electric gun. Stun guns are also prohibited on school grounds and in legislative chambers.
In Oregon, individuals are required to have a concealed permit if they are to purchase or use a stun gun weapon. You cannot carry a concealed stun gun in public without this permit.
In New Mexico, a stun gun is legal, but like Oregon, it requires that those carrying or using a stun gun weapon be physically capable of doing so. You require a license in certain circumstances.
Similar to Oregon, Idaho residents also require a permit to carry a concealed weapons which includes stun guns. Open carry laws include carrying stun guns in plain sight, such as in a holster attached to a belt.
Texas has relatively few restrictions on stun guns. There are no permits required for stun guns, no limits on size, caliber, ammunition, magazine capacity, or type of firearm. However, there are local restrictions in the following locations: on college campuses, in government buildings, and on correctional facility premises. In Texas, it is illegal for a citizen to face a stun gun or a taser unless law enforcement employees are acting in their official capacity.
By comparison, Washington State prohibits stun gun ownership in the following locations: in the chemical dependency unit of a public institution, on the grounds instantly adjacent and accessible to a law enforcement agency, on the grounds of a preschool and kindergarten education property, and on areas of facilities devoted to health and psychological counseling.
Possible Changes to Stun Gun Laws
Despite the recent wave of gun reform across the country, the future of stun guns remains hazy, at best, in Washington state. The legislature has been actively discussing new legislation that would further define when and how stun guns may be used in self-defense situations. However, they have yet to agree on the language of such proposed legislation, and the current gun reform discussions could be hijacked by the 2020 election cycle. The Washington legislature convenes every year for a "short session", typically in even-numbered years, then a "long session" each odd-numbered year. During the 2019 "long session", key legislators and local advocacy groups did craft a bill on stun gun self-defense law with the intention that it would be finalized during the 2020 "short session" of the legislature. However, that appears to have stalled. While the proposed legislation clearly casts a wide net, the language that made its way into the official bill as it stands is less progressive than hoped. On June 12, 2019, a joint meeting was held between the House Public Safety Committee and the Senate Law and Justice Committee. A representative from the Washington Association of Sheriffs and Police Chiefs commented that "all parties need to come together to talk about where this bill may be headed." As long as legislators continue to meet with advocacy groups and hammer out the most specific language possible regarding when a stun gun can be employed for self-defense, it’s likely a bill will pass in the near future. In addition to these discussions among lawmakers, there are pockets of people within Washington state advocating for legal change when it comes to self-defense devices of all types. Since April 2018, for example, the Greater Seattle Electronic Defense Collective has shared information about self-defense technology for personal security, including stun guns. As a supporter of these groups, the Ultimate Defense Shop Blog will continue to monitor any potential developments in Washington state stun gun law in the future.
Helpful Tips For External Use
Practical advice for stun gun owners in Washington State includes the following points:
While Washington State allows for the possession of stun guns, it’s important for individuals who own stun guns to understand their responsibility in properly stowing away their weapon or even preventing other individuals from accessing it. This includes being aware of local laws and ordinances that may go above state law . If you need to travel or even designate areas where you are allowed to possess a stun gun, it is always better to be safe than sorry. Knowledge of all related laws is key. Stun guns should be properly stored away from children to prevent any kind of misuse. Additionally, it’s wise to sometimes check with your local police department to see if they may have any updates on any laws or ordinances related to stun guns and tasers.