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Under Penal Code 22610 PC, it is generally legal in California to purchase, possess, or use a stun gun. However, a person is barred from having one if he or she is a convicted felon, has a prior conviction for assault or misuse of a stun gun, is addicted to narcotics, or is a minor under the age of 16.
The term stun gun is often used interchangeably with the term tasers.
PC 22610 states that:
“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.
Examples of illegal acts under this code section include:
- Tom, convicted of felony grand theft (per Penal Code 487)10 years ago, buys a stun gun online.
- Dominique, even though convicted in the past with assault with a deadly weapon, per Penal Code 245a1, uses a friend’s stun gun.
- Nia owns a firearms store and sells a stun gun to a 15-year boy, who doesn’t have the consent of his parents to buy the gun.
Defenses
Luckily, there are several legal defenses that a person can raise if charged with a stun gun crime. These include showing that the defendant:
- has no prior convictions,
- did not have possession, and/or
- gave a coerced confession.
Penalties
A first-time violation is charged as an infraction and the offender must pay a $50 fine.
Any subsequent violation is charged as a misdemeanor (as opposed to a California felony). The crime is punishable by:
- imprisonment in county jail for up to six months, and/or
- a maximum fine of $1,000.
Please note that in lieu of jail time, a judge may award a defendant with misdemeanor (or summary probation).
Our criminal defense attorneys will explain the following about California stun gun laws:
- 1. Are stun guns legal in California?
- 2. Are there common legal defenses?
- 3. What are the penalties for a Penal Code 22610 conviction?
- 4. Related offenses
Penal Code 22610 PC is the California statute that deals with “Stun Guns”
1. Are stun guns legal in California?
Yes. It is legal in California for most people to own and possess a stun gun. Penal Code 22610 PC states that any person may purchase, possess, or use a stun gun except:
- a convicted felon,
- a person found guilty of a crime involving assault,
- a person convicted of misuse of a stun gun,
- a person addicted to narcotics, and
- a minor under the age of 16.1
Please note that a minor at least 16 years of age may purchase and use a stun gun, but only if he has the written consent of a parent.2
Also note that it is a crime for a person to sell a stun gun to a minor at least 16 years of age, unless that minor has the written consent of a parent.3
2. Are there common legal defenses?
If a person is accused of unlawfully buying, using, or possessing a stun gun, then he can challenge the accusation by raising a legal defense. A good defense can often get a charge reduced or even dismissed.
Three common defenses to PC 22610 accusations are:
- no past convictions,
- no possession, and/or
- coerced confession
2.1. No past convictions
Note that stun gun use, possession and purchasing is a crime under this statute for those convicted of:
- a felony,
- a crime involving assault, and
- the misuse of a stun gun.
This means that if a defendant was charged with this crime, and the prosecutor wants to show that the accused has a past conviction, the accused simply has to show that he in fact has no prior convictions.
2.2. No possession.
Penal Code 22610 makes it illegal for some people to possess a stun gun. For these persons, they can challenge an accusation of wrongdoing by showing they did not have actual possession of a gun. For example, perhaps the gun was not the defendant’s and it was not on his person or within his control.
2.3. Coerced confession
California law states that police may not use overbearing measures to coerce a confession.
If a party can show that the police coerced him into a confession, then:
- the judge may exclude the confession from evidence; or,
- the case could get dropped altogether if the party got pressured into confessing to a crime he didn’t commit.
A violation of Penal Code 22610 PC can result in a fine and potentially jail time
3. What are the penalties for a Penal Code 22610 conviction?
A first-time violation of PC 22610 is charged as an infraction and the offender must pay a $50 fine.4
Any subsequent violation is charged as a misdemeanor. The crime is punishable by:
- imprisonment in county jail for up to six months, and/or
- a maximum fine of $1,000.5
Please note that in lieu of jail time, a judge may award a defendant with misdemeanor (or summary probation).
4. Related Offenses
There are three laws related to stun guns. These are:
- California’s BB gun laws
- imitation firearms – PC 12556, and
- brass knuckles – PC 21810.
4.1. California’s BB gun laws
There are several important California laws regarding BB guns. These laws include:
- it is generally legal for a person to own a BB gun in California. However, it is illegal for a person 18 years of age or younger to own a BB gun without parental permission.
- under California Penal Code 12556, it is against the law for a person to display an “imitation firearm” in a public place. A BB gun falls into the definition of an imitation firearm.
- a person can generally carry most types of BB guns in his car.
A violation of the above laws is typically punishable by a fine. Sometimes, however, a violation can lead to misdemeanor charges.
4.2. Imitation firearms – PC 12556
Penal Code 12556 PC is the California statute that makes it a crime for a person to display an “imitation firearm” in public.
An “imitation firearm” includes objects like a:
- BB gun,
- toy gun, and
- replica of a firearm.6
A person that violates PC 12556 is charged with an infraction.7 A first offense is punishable by a $100 fine; and, a second offense is punishable by a $300 fine.8
A third or subsequent violation of this section is punishable as a misdemeanor.9
4.3. Brass knuckles – PC 21810
Penal Code 21810 PC is the California statute that makes it a crime for a person to make, import, sell, give, or possess metal knuckles, or brass knuckles.
A violation of PC 21810 is a wobbler, meaning it can be charged as either a misdemeanor or a felony. In either case, the crime is punishable by:
- substantial jail time, and/or
- a significant fine.
Call us for help…
Call us for help
If you or someone you know has been accused of a crime under Penal Code 22610 PC, we invite you to contact us for a free consultation. We can be reached 24/7 by phone or by completing the contact form on this page.
For similar charges and accusations in Colorado, please see our article on Colorado Use of Stun Guns 18-12-106.5 C.R.S.
References:
- California Penal Code 22610 PC.
- See same.
- See same.
- California Penal Code 22610 (c)2 PC.
- See same. See also Penal Code 19 PC.
- California Penal Code 12556 PC.
- Penal Code 12556(b) PC.
- See same.
- California Penal Code 12556(c) PC.