Penal Code § 22610 PC – Are tasers legal in California?

It is generally lawful in California to purchase, possess or carry a stun gun or taser for self-defense. However, Penal Code § 22610 PC makes stun gun/taser possession a misdemeanor in certain circumstances, such as if you are a convicted felon.

In this article, our Los Angeles criminal defense attorneys will address the following key issues about taser and stun gun laws in California.

• 1. Elements
• 2. Defenses
• 3. Penalties
• 4. Stun Gun-Free Zones
• 5. Conceal Carry
• 6. Tasers vs. Stun Guns
• 7. Related Offenses
• Frequently Asked Questions
• Additional Reading

1. Elements

In California, most people can lawfully own and possess a stun gun or taser. For you to be convicted of violating Penal Code 22610, prosecutors must prove beyond a reasonable doubt that you possessed the stun gun/taser and either:

• you are a convicted felon,
• you were convicted of a crime involving assault,
• you were convicted of misuse of a stun gun,
• you are addicted to narcotics, or
• you were a minor under the age of 16 with no written parental (or legal guardian’s) consent.¹

It is also a PC 22610 violation to sell or furnish a stun gun/taser to a minor under 16 unless they have the written consent of their parent or legal guardian.²

2. Defenses

Here at Shouse Law Group, we have represented literally thousands of people charged with California weapons crimes, including unlawful stun gun/taser use and possession. In our experience, the following six defenses have proven very effective with judges and prosecutors at getting PC 22610 charges reduced or dismissed.

1. You were allowed to possess the stun gun/taser because you were not convicted of a felony, assault, or misuse of a stun gun.
2. You never possessed the weapon.
3. The weapon was planted on you without your knowledge.
4. You are a victim of mistaken identity.
5. You are being falsely accused.
6. The police found the weapon through an unlawful search and seizure, which means the stun gun can then be suppressed as evidence.

Common evidence we rely on include video surveillance footage and eyewitness accounts. Absent such evidence, the D.A. may be unable to prove beyond a reasonable doubt that you violated California stun gun/taser laws.

A violation of Penal Code 22610 PC can result in a fine and potentially jail time

3. Penalties

In California, stun gun/taser offenses in violation of PC 22610 are typically misdemeanors carrying up to six months in jail (or summary probation) and/or $1,000.

However, a first-time conviction of selling or furnishing a stun gun to a minor under 16 years old without parental permission is an infraction carrying a $50 fine. Subsequent violations are misdemeanors carrying up to six months in jail and/or $1,000.³

Note that assaulting someone with a stun gun/taser is a wobbler. This means prosecutors can charge it as either a:

• misdemeanor carrying up to $1,000 and/or 1 year in jail, or
• felony carrying a jail sentence of 16 months, 2 years, or 3 years, and a possible $10,000 fine.

If the target was a school employee, on-duty police officer or a firefighter, the penalties are increased.⁴

4. Stun Gun-Free Zones

Depending on the location, it is usually a California misdemeanor offense to have a stun gun (or taser) at a:

• government building,
• state building,
• a meeting that the law requires to be open to the general public (no matter the venue),
• school property,
• airports past the TSA checkpoints, and
• secured passenger terminals in port or harbor facilities.

Depending on the case, misdemeanors carry a maximum punishment of six months or one year in jail and/or $1,000 fines.⁵

5. Conceal Carry

Since tasers and stun guns are not firearms, you are permitted to conceal carry them in California. You do not need a permit.

6. Taser vs. Stun Gun

Stun guns deliver an infliction of an electrical charge shock through direct contact. In contrast, tasers shoot electrified darts at a distance.

However, both stun guns and tasers have the same effect: Temporarily paralyzing the neuromuscular system of the target in order to immobilize them. When used correctly, they can be very effective defensive weapons that increase personal safety.

7. Related Offenses

• Penal Code 243(d) PC – aggravated battery
• Penal Code 245a1 PC – assault with a deadly weapon
• Penal Code 415 PC – disturbing the peace
• Penal Code 417.6 PC – brandishing a firearm causing injury
• Penal Code 647(f) PC – public intoxication
• Penal Code 16470 PC – carrying a dirk or dagger
• Penal Code 20170 PC – displaying imitation firearms (such as BB guns)
• Penal Code 20410 PC – belt buckle knives
• Penal Code 20610 PC – lipstick case knives
• Penal Code 20710 PC – possessing a shobi-zue
• Penal Code 20910 PC – writing pen knives
• Penal Code 21110 PC – ballistic knives
• Penal Code 21510 PC – possessing a switchblade
• Penal Code 21810 PC – possessing brass knuckles
• Penal Code 22210 PC – possessing a baton
• Penal Code 22410 PC – possessing shurikens
• Penal Code 22810 PC – unlawful use of tear gas
• Penal Code 24410 PC – possessing a cane gun
• Penal Code 29800 PC – felon in possession of a firearm
• Penal Code 33600 PC – possessing a zip gun

Penal Code 22610 PC is the California statute that deals with “Stun Guns”

Frequently Asked Questions

Are tasers legal in California?

Yes. Under California Penal Code 22610, most adults can legally buy, carry, and use tasers (and stun guns) for self-defense. However, certain people—like convicted felons or those addicted to narcotics—are not allowed to possess them.

Can I carry a taser or stun gun in public in California?

Generally, yes. California law allows you to carry a taser or stun gun in public for self-defense without a permit. However, you cannot bring one into restricted places like schools, government buildings, or airport secure areas.

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

No. Tasers and stun guns are not firearms, so you do not need a concealed carry permit to carry one in California.

Can a minor have a stun gun in California?

Only in limited cases. A minor must be at least 16 years old and have written permission from a parent or legal guardian to legally possess a stun gun.

What happens if a felon is caught with a taser in California?

It is a crime. Under California Penal Code 22610, convicted felons are prohibited from possessing stun guns or tasers. Violations are typically charged as misdemeanors and can lead to jail time and fines.

Can I use a taser for self-defense in California?

Yes—if the force is reasonable. You can use a taser or stun gun to protect yourself or others from harm. However, using one unlawfully (such as to attack someone without justification) can lead to criminal charges, including assault.

Are tasers considered firearms under California law?

No. Tasers and stun guns are not firearms, which is why they are easier to legally carry and do not require permits.

Can I take a taser on an airplane in California?

No. Tasers and stun guns are prohibited in secure areas of airports and on planes under both California law and federal regulations.

What is the difference between a taser and a stun gun?

A stun gun requires direct contact to deliver an electric shock. A taser can shoot probes from a distance. Even though they work differently, California law generally treats them the same.

Is it legal to use a taser on someone who is threatening me?

It depends. You can use a taser in self-defense if you reasonably believe you are in immediate danger. Though if the force is excessive or unnecessary, you could still be charged with a crime.

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:

1. California Penal Code 22610 PC.
   

   Notwithstanding any other provision of law, any person may purchase, possess, or use a stun gun, subject to the following requirements:

   (a) No person convicted of a felony or any crime involving an assault under the laws of the United States, the State of California, or any other state, government, or country, or convicted of misuse of a stun gun under Section 244.5, shall purchase, possess, or use any stun gun.

   (b) No person addicted to any narcotic drug shall purchase, possess, or use a stun gun.

   (c) (1) No person shall sell or furnish any stun gun to a minor unless the minor is at least 16 years of age and has the written consent of the minor’s parent or legal guardian.

   (2) Violation of this subdivision shall be a public offense punishable by a fifty-dollar ($50) fine for the first offense. Any subsequent violation of this subdivision is a misdemeanor.

   (d) No minor shall possess any stun gun unless the minor is at least 16 years of age and has the written consent of the minor’s parent or legal guardian.

   See California Penal Code 17230 PC. See California Penal Code 16780 PC. See, for example, People v. Racy (Cal. App. 3rd 2007) 148 Cal. App. 4th 1327.
2. Same.
3. See same. See also California Penal Code 19 PC.
4. California Penal Code 22620 PC. California Penal Code 626.10 PC. California Penal Code 244.5 PC. California Penal Code 245.5 PC. See, for example, Flareau v. Superior Court (Cal. App. 4th 2026) Docket No. E085722.
5. California Penal Code 22610(c)2 PC. See, for example, People vs. M.S. (Cal. App. 2021) 70 Cal. App. 5th 728.