7 California Taser Laws You Need to Know

In California, seven taser laws to know pertain to:

1. Meaning of Taser and Stun Gun
2. Lawful Owners
3. Prohibited Areas
4. Concealed Carry
5. Self-Defense
6. Defense of Property
7. Penalties

In this article, I discuss what you need to know about California taser laws to help you comply with them.

1. Meaning of Taser and Stun Gun

Tasers are treated the same as stun guns in California. According to California state law, a stun gun is:

“…any item, except a less lethal weapon, used or intended to be used as either an offensive or defensive weapon that is capable of temporarily immobilizing a person by the infliction of an electrical charge.”¹

This definition also covers tasers, even though tasers are different from stun guns. While stun guns need direct contact to shock someone, tasers shoot electrified darts. However, both are meant to immobilize someone with an electrical charge temporarily.

While tasers and stun guns are not automatically classified as deadly weapons, courts may consider them deadly weapons depending on how they are used and the circumstances of a particular case.

Note that this law does not cover other common weapons and may be regulated differently. These include:

• zip guns,
• pepper spray,
• bear spray,
• switchblades,
• belt buckle knives, and
• brass knuckles

California law also requires commercially sold stun guns and tasers to bear the manufacturer’s name and a serial number. They must also be sold with instructions regarding their use and safety precautions.²

2. Lawful Owners

California law generally allows adults to own, possess, purchase, and carry tasers, subject to several statutory restrictions:

• convicted felons,
• anyone with a prior conviction for assault or for the misuse of a stun gun or taser,
• anyone addicted to narcotics, and
• minors under the age of 16.³
• Minors aged 16 or 17 can only have a taser with the written consent of a parent.⁴

3. Prohibited Areas

California and federal law prohibit tasers or stun guns in certain locations, such as:

• certain government buildings and public meetings,
• schools, including school grounds,
• certain state and local government facilities,
• secure passenger terminal in a port or harbor facility,
• airport, past Transportation Security Administration (TSA) security checkpoints, and
• meeting that is required, by law, to be open to the public, no matter where it is being held.⁵

This includes possession in a bag, rather than on your person. For example, the TSA’s stun gun laws forbid you from flying with a Taser in your carry-on bags.⁶

On-duty police officers and potentially other authorized personnel may be exempt from these restrictions.

There may also be restrictions under local law in some jurisdictions in the state of California. Federal law and facility-specific security rules may impose additional restrictions beyond California law.

4. Concealed Carry

You can carry tasers in concealment and out of sight of others without a permit. Tasers are not firearms and so are not subject to concealed carry laws.

Unlike firearms, California does not require a concealed-carry permit (CCW) to lawfully carry a taser or stun gun. However, carrying a taser into a prohibited location can still result in criminal penalties.

5. Self-Defense

Many people carry tasers for self-defense purposes. However, our criminal defense attorneys have found that lots of people who carry tasers for this reason do not fully understand their right to use self-defense. In California, you only act in self-defense if:

1. you reasonably believed that you were in imminent danger of suffering bodily injury,
2. you reasonably believed that you had to use force immediately in order to defend against that danger, and
3. you used no more force than was necessary.⁷

Note that this does not require you to retreat first in order to claim self-defense. California is a “stand your ground” state.

If you started the altercation, you can only claim self-defense if:

• you made a good faith effort to stop the altercation, and communicated that effort to the other person, or
• you started the incident with non-deadly force, but the other person responded with deadly force.⁸

This right to self-defense is not limited to defending yourself. You can also act in defense of another person.

6. Defense of Property

California also has laws concerning the defense of property. These apply when you are not worried about getting hurt, but want to prevent someone from taking your belongings.

In California, you may use reasonable force to protect your property. However, the amount of force must be proportionate to the threat, and the law generally provides greater protection for the use of force to defend people than to defend property alone.

Force is reasonable if a reasonable person would have used it in similar circumstances. All of the circumstances matter, both as they were and as they appeared to you.⁹

Our criminal defense attorneys have found that this defense tends to come up fairly often over taser usage. This can happen if you use your taser on someone who you believed was attempting to rob you or otherwise threatening you while taking your property.

Whether the use of a taser was reasonable will depend on the specific facts of the situation. Using a taser solely to protect property may be harder to justify than using one to prevent an imminent threat of bodily injury.

7. Penalties

The penalties for breaking the law depend on which law was broken.

A first-time offense for the following are infractions:

• unlawful possession of a taser, and
• unlawful sale of a taser to a minor under the age of 16.¹⁰

A conviction carries a $50 fine. Subsequent violations are misdemeanors.¹¹ These misdemeanor convictions carry up to:

• 6 months in jail,
• $1,000 in fines, and/or
• summary probation.¹²

The criminal defense lawyers at our law firm have found that most people with nonviolent criminal records get probation rather than jail time. However, there are exceptions.

It is also a crime to use a taser on someone when not acting in lawful self-defense. This constitutes assault with a stun gun.¹³ This offense is a wobbler. Prosecutors can file criminal charges and pursue the offense as either a felony or as a misdemeanor.

If charged as a misdemeanor offense, a conviction carries up to 1 year in county jail.¹⁴

If charged as a felony, you can be imprisoned for:

• 16 months,
• 2 years, or
• 3 years.¹⁵

The penalties can be higher if you use a taser on law enforcement or a peace officer, or a school employee or firefighter.

Both misdemeanor and felony convictions can appear in a background check.

Frequently Asked Questions

Can a convicted felon own a taser in California?

No. California Penal Code 22610 generally prohibits convicted felons from possessing a taser or stun gun. A felon found with a taser can face criminal penalties even if the device is never used.

Can I carry a taser in my car in California?

Yes. California law generally allows lawful owners to keep a taser in their vehicle. However, you cannot bring a taser into locations where possession is prohibited, such as certain government facilities, schools, or secure airport areas.

Can I bring a taser on an airplane?

Not in carry-on luggage. TSA rules prohibit tasers and stun guns in carry-on bags. They may be transported in checked baggage if properly secured and otherwise comply with TSA and airline requirements.

Do I need a permit to carry a taser in California?

No. Unlike firearms, tasers and stun guns are not subject to California’s concealed-carry permit requirements. Most adults who are not otherwise prohibited from possessing a taser may carry one without obtaining a permit.

Can I use a taser to stop an attack?

Yes, if you are acting in lawful self-defense or defense of another person. California law generally allows the use of reasonable force when you reasonably believe you or someone else faces an imminent threat of unlawful force or bodily injury.

Can I use a taser to protect my property?

Possibly. California law permits reasonable force to protect property in certain situations. However, using a taser solely to protect property is generally harder to justify than using one to prevent an imminent threat of bodily injury. Whether the force was reasonable depends on the specific circumstances.

Is using a taser on someone a felony in California?

It can be. Assault with a stun gun under Penal Code 244.5 is a wobbler offense. Prosecutors may file the charge as either a misdemeanor or a felony depending on the facts of the case and the defendant’s criminal history.

Can a 17-year-old carry a taser in California?

Only with written consent from a parent or legal guardian. Minors under age 16 generally may not possess a taser or stun gun at all.

Are tasers and stun guns legal for self-defense in California?

Yes. California generally allows eligible adults to possess tasers and stun guns for lawful self-defense. However, using one unlawfully can lead to criminal charges.

Will a taser conviction show up on a background check?

Usually yes. Misdemeanor and felony convictions involving tasers or stun guns can appear on criminal background checks. Depending on the circumstances, some convictions may later qualify for expungement.

Can I carry a taser concealed in California?

Yes. California generally allows eligible adults to carry a taser or stun gun concealed without a CCW permit. However, tasers remain prohibited in certain locations such as schools, some government facilities, and secure airport areas.

Additional Reading

For more in-depth information, refer to these scholarly articles:

• Towards a socio-technical understanding of discretion: a case study of Taser and police use of force – Policing and Society.
• Stunning Trends in Shocking Crimes: A Comprehensive Analysis of Taser Weapons – Journal of Law and Health.
• The Shocking Truth: Law Enforcement’s Use and Abuse of Tasers and the Need for Reform – Villanova Law Review.
• Shocking the Conscience: What Police Tasers and Weapon Technology Reveal about Excessive Force Law – UCLA Law Review.
• Excessive force, civil liability, and the Taser in the nation’s courts: Implications for law enforcement policy and practice – Policing: An International Journal.

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Legal References