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

Q: Are there common legal defenses?

If you are accused of unlawfully buying, using, or possessing a stun gun, then you can challenge the accusation by raising a legal defense. A good defense can often get a criminal charge reduced or even dismissed. Three common defenses to PC 22610 accusations are: 1) no past convictions, 2) no possession, and/or 3) illegal search and seizure.

Q: What are the penalties for a Penal Code 22610 conviction?

A first-time violation of PC 22610 is charged as an infraction and you must pay a $50 fine. 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. Please note that in lieu of jail time, a judge may award you misdemeanor (or summary probation).

Q: Are there places where stun guns are not allowed?

Yes. Depending on the location, it is usually a misdemeanor offense to have a stun gun (or taser) at a: government building, state building, a meeting that the law requires is 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. Misdemeanors carry a maximum punishment of one year in jail and/or $1,000 fines.

Q: Can you conceal carry a taser gun in California?

Since tasers and stun guns are not firearms, people are permitted to conceal carry them without a permit in California.

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

Stun guns deliver an infliction of an electrical charge shock through direct contact. In contrast, tasers shoot electrified darts at a distance. But both stun guns and tasers have the same effect: Temporarily paralyzing the neuromuscular system of the target in order to immobile them. When used correctly, they can be very effective defensive weapons that increase personal safety.

Are Stun Guns and TASERs Legal in California?

Watch this video on YouTube

It is generally legal in California for you to purchase, possess or carry a stun gun or taser for lawful self-defense. That said, under Penal Code § 22610 PC, you are prohibited from having a taser if you are a convicted felon, a narcotics addict, a minor, or if you have a prior conviction for assault or misuse of a stun gun.

The term “stun gun” is often used interchangeably with the term “tasers.”

People prohibited from having stun guns in California

The language of the code section states that:

22610. 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:

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 of 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 you can raise if charged with a stun gun crime. These include showing that you:

have no prior convictions,
did not have possession, and/or
were the victim of an illegal search or seizure

Penalties

Prohibited taser possession	California punishment
First offense	Infraction: $50 fine
Subsequent offense	Misdemeanor: Up to 6 months in jail (or summary probation) and/or $1,000

Our criminal defense attorneys will explain the following about taser laws and stun gun laws in California

military man holding stun gun; these weapons are generally legal to have in California per Penal Code 22610 PC

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 you may purchase, possess, or use a stun gun except if you:

are a convicted felon,
were found guilty of a crime involving assault,
were convicted of misuse of a stun gun,
are addicted to narcotics, or
are a minor under the age of 16.¹

Note that a minor at least 16 years of age may purchase and use a stun gun, but only if the minor has the written consent of a parent. Also, it is a crime to sell a stun gun to a minor at least 16 years of age, unless that minor has the written consent of a parent.²

2. Are there common legal defenses?

Here at Shouse Law Group, we have represented literally thousands of people charged with weapons crimes, including unlawful taser use and possession. In our experience, the following three defenses to PC 22610 accusations have proven very effective with judges and prosecutors.

2.1. You have no past convictions

For you to be convicted of violating PC 22610, prosecutors have to prove you have been convicted of:

a felony,
a crime involving assault, and
the misuse of a stun gun.

We have had success in raising a reasonable doubt about our clients’ criminal histories, especially with regard to cases that occurred long ago. Sometimes court records get lost, are erased, or are simply ambiguous.

Once prosecutors see it will be a challenge to show that you have a prior conviction, they may agree to drop the charge.

2.2. You never possessed the taser

Simply being near a taser does not put you in possession of the taser: Even if someone plants a taser in your bag, vehicle, or home, you are still not “in possession” unless you are aware the taser is there.

We have also had cases where someone else entirely possessed the taser, and our clients were the victims of mistaken identity.

For this defense, helpful evidence we rely on includes video surveillance footage and eyewitness accounts. Absent such evidence, the D.A. may be unable to prove beyond a reasonable doubt that you knowingly had actual, constructive, or joint possession of the stun gun.

2.3. The police committed an illegal search and seizure

We have handled many situations where the police found a taser through an unlawful search. This typically occurs when:

there was no search warrant, and there was no legal justification to search without a warrant; or
there was a search warrant, but it was invalid, or the police searched outside of its bounds.

When this happens, we ask the judge to suppress evidence of the taser since it was unlawfully discovered. If the judge grants our motion, the D.A. may be forced to dismiss the case for lack of proof.

gavel on top of a cash fine paid by a defendant who illegally possessed a stun gun

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 you must pay a $50 fine.³

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.

Please note that in lieu of jail time, a judge may award you misdemeanor (or summary probation).

Assault penalties

It is illegal in California to assault others with a stun gun or taser (unless it is in lawful self-defense). As a wobbler, assaulting another person can be 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. Are there places where stun guns are not allowed?

Yes. Depending on the location, it is usually a 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.

Misdemeanors carry a maximum punishment of one year in jail and/or $1,000 fines.⁵

5. Can you conceal carry a taser gun in California?

Since tasers and stun guns are not firearms, you are permitted to conceal carry them without a permit in California.

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

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

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

7. Related Offenses

California’s BB gun laws

There are several important California laws regarding BB guns. These laws include:

it is generally legal for you to own a BB gun in California. However, it is illegal for you to own a BB gun if you are 18 years of age or younger without parental permission.
under California Penal Code 12556, it is against the law to display an “imitation firearm” in a public place. A BB gun falls into the definition of an imitation firearm.
you can generally carry most types of BB guns in your car.

A violation of the above laws is typically punishable by a fine. Sometimes, however, a violation can lead to misdemeanor charges.

Imitation firearms – PC 12556

Penal Code 12556 PC is the California statute that makes it a crime to display an “imitation firearm” in public.

An “imitation firearm” includes objects like a:

BB gun,
toy gun, and
replica of a firearm.⁶

Violating PC 12556 is charged as 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

Brass knuckles – PC 21810

Penal Code 21810 PC is the California statute that makes it a crime 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.

Other related offenses

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.

Legal References:

California Penal Code 22610 PC. See California Penal Code 17230. See California Penal Code 16780. See, for example, People v. Racy (Court of Appeal of California, Third Appellate District, 2007) 148 Cal. App. 4th 1327.
same.
See same. See also Penal Code 19 PC.
California Penal Code 22620. California Penal Code 171b. California Penal Code 626.10. California Penal Code 244.5. California Penal Code 245.5.
California Penal Code 22610 (c)2 PC. See, for example, In re. M.S. (Court of Appeal of California, First Appellate District, Division Three, 2021) 70 Cal. App. 5th 728.
California Penal Code 12556 PC.
Penal Code 12556(b) PC.
See same.
California Penal Code 12556(c) PC.

Shouse Law Group has wonderful customer service. They were so pleasant and knowledgeable when I contacted them. Very helpful with any questions and concerns and I can't thank them enough for the experience I had. Definitely recommend!

Dee M.

I was fortunate to be represented by Neeraj Singh. Neeraj is a calm, competent, professional attorney that navigated the Orange County legal system to deliver a complete dismissal of the charges against me. Thank you, Neeraj and Shouse Law Firm for all of your hard work, support and guidance.

Carl W.

John Murray won my DMV hearing over a DUI charge I had pending and just recently won motion for military diversion against my charge. I highly recommend John, he is highly professional,motivated and competent. I walked into the courthouse with peace of mind only because I knew I had John in my corner. Thanks for all the help.

Christian R.

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