“Stun Gun” Laws in Colorado – Are They Legal?

In Colorado, adults (18+) who are not convicted felons are generally allowed to possess, carry, buy or sell stun guns. However, you may use them only in lawful self-defense. You cannot use stun guns as toys or to break the law.

C.R.S. 18-12-106.5 makes it a class 5 felony to knowingly and unlawfully use a stun gun in the commission of a crime – whether or not it gets discharged.

In this article, our Denver criminal defense attorneys will address the following key issues regarding Colorado stun gun laws:

• 1. Legality
• 2. “Stun Gun” Meaning
• 3. Background Checks & CCWs
• 4. Local Laws
• 5. Felon Possession
• 6. Minor Possession
• 7. Penalties for Use
• 8. Defenses
• 9. Record Seals
• 10. 2nd Amendment
• 11. Police
• Frequently Asked Questions
• Additional Reading

1. Legality

The possession, purchase, and sale of stun guns are legal under Colorado state law. However, using a stun gun against someone is only permitted if it is necessary to protect yourself or others from an immediate physical threat of harm.

In addition, it is a crime to use a stun gun in the commission of a criminal offense, even low-level misdemeanor crimes. “Using” does not necessarily mean discharging; brandishing it to cause fear is sufficient. It does not matter if anyone gets shocked by the stun gun.¹

Example: James holds up a cashier by pointing a stun gun at her. Here, James faces criminal charges for both robbery as well as using a stun gun in the commission of the robbery.

It is irrelevant that James never discharged the stun gun or whether the cashier was scared by the stun gun. James’ act of using the stun gun in a threatening way to carry out the robbery qualifies as a C.R.S. 18-12-106.5 violation.

2. “Stun Gun” Meaning

Under Colorado law, a stun gun is “a device capable of temporarily immobilizing a person by the infliction of an electrical charge.”² A stun gun does not qualify as a

• “dangerous weapon,”
• “deadly weapon,” or
• “illegal weapon.”³

Stun guns are also known as stun belts, shock prods, or portable stun guns. For the stun gun to have its intended effect, the stun gun’s “contact points” must be deployed (usually by pressing a button) and make direct contact with the target’s body. The ultimate goal is “pain compliance,” where the target stops their behavior due to discomfort. The voltage ranges from 100,000 to 4.5 million.

Tasers, also called “long-range shock weapons,” are lawful in Colorado as well. They are technically different from stun guns, which are close-range devices. In contrast, tasers operate by shooting darts/probes/electrodes up to 15 feet and delivering several electrical charges that cause neuromuscular incapacitation. The voltage is up to 50,000.

3. Background Checks and CCWs

Background checks are not required to purchase stun guns in Colorado. You do not need a special license to have a stun gun.

Unlike concealed handguns, the concealed carry of stun guns is usually lawful in Colorado without a CCW (carrying concealed weapons) permit.

4. Local Laws

Local governments may have their own local laws regulating weapons and concealed carry laws. However, Colorado state law takes precedence over (“preempts”) conflicting local ordinances unless the local laws involve firearms.⁴ Some localities with their own weapons laws include:

1. Boulder
2. Burlington
3. Eagle County
4. Lafayette
5. Larimer County
6. Milliken
7. Minturn
8. Parker
9. Pueblo
10. Thornton

Whenever you travel with stun guns, always look up the local law to educate yourself about the rules.

Stun guns disrupt a person’s neuromuscular system.

5. Felon Possession

Convicted felons may not knowingly possess weapons such as stun guns in Colorado. Felons found with a stun gun face charges for possession of a weapon by a previous offender (C.R.S. 18-12-108) – abbreviated POWPO.

POWPO is usually a class 6 felony, punishable by

• 1 to 1 ½ years in Colorado State Prison (with 1-year mandatory parole) and/or
• A fine of $1,000 to $100,000.⁵

6. Minor Possession

Colorado stun gun laws prohibit kids younger than 18 years of age from possessing stun guns. Police may ask stun gun carriers to show proof of their age.⁶

7. Penalties for Use

As a class 5 felony in Colorado, the knowing and unlawful use of a stun gun in the commission of a crime is punishable by:

• 1 to 3 years in prison (with 2 years mandatory parole) and/or
• A fine of $1,000 to $100,000.⁷

This sentence is in addition to the penalties for the underlying “predicate” criminal offense(s) you were allegedly using the stun gun for. In fact, you generally cannot be charged with just using a stun gun: You will always also be charged with the predicate crime, such as:

• first-degree assault (C.R.S. 18-3-202),
• second-degree assault (C.R.S. 18-3-203),
• sexual assault (C.R.S. 18-3-402),
• false imprisonment (C.R.S. 18-3-303), or
• menacing (C.R.S. 18-3-206).

Furthermore, the penalties for these predicate offenses may increase because you used the stun gun. Depending on the case, for example, using a stun gun in the commission of a robbery could elevate the charge to aggravated robbery (C.R.S. 18-4-302) with enhanced penalties.

8. Defenses

Using a stun gun is unlawful in Colorado only if you use it to commit a criminal offense. Therefore, in our experience, the best defense to Colorado stun gun charges is to prove you did not commit the underlying crime — known as the “predicate offense.”

Seven common defenses to C.R.S. 18-12-106.5 charges include (but are not limited to):

1. The device used did not meet the definition of a stun gun.
2. You did not use the stun gun in any way to carry out the underlying crime.
3. You were acting in legal self-defense or defense of someone else.
4. The stun gun was inadmissible evidence because it was discovered from an unlawful search and seizure in violation of your Fourth Amendment rights.
5. The police officers coerced a confession during the investigation.
6. Law enforcement lacked probable cause to make an arrest.
7. There were other procedural errors peace officers made, such as when detaining or questioning you.

Note that claiming self-defense is an affirmative defense. This means that you admit to using the stun gun, but that the use was justified. The burden then falls on the prosecution to show that you were not acting in reasonable self-defense.⁸

Typical evidence in these cases includes video surveillance footage, cellphone recordings, eyewitness testimony, expert testimony, and/or forensic evidence.

9. Record Seals

If you are convicted of using a stun gun to carry out a crime in Colorado, you may get your charge sealed from your record three years after the case ends. You can petition the court for a record seal if the charge gets dismissed.⁹

Learn how to seal Colorado criminal records.

10. 2nd Amendment

The Second Amendment’s protection of the right to bear arms has been extended to include modern weapons like stun guns. In 2016, the U.S. Supreme Court struck down a Massachusetts ban on stun guns in Caetano v. Massachusetts, where the Court clarified that the Second Amendment applies not only to firearms available during the 18th century but also to contemporary weapons.¹⁰

Massachusetts argued that stun guns were not protected under the Second Amendment because they were considered “unusual,” not in “common use” at the time the Amendment was adopted, and inherently dangerous. The state also claimed these weapons were not suitable for military use.

However, the Supreme Court cited District of Columbia v. Heller, where the Court held that the Second Amendment protects the right to possess and carry weapons that were not around when the Constitution was written.¹¹

Although the Caetano ruling did not explicitly state that stun guns are covered under the Second Amendment, it concluded that a blanket ban was unconstitutional. Then in 2019, the Illinois Supreme Court held that a complete ban on stun guns and tasers violated the Second Amendment because constitutional protections extend to weapons that were not invented at the time of the founding.¹²

11. Police Rights

Colorado police generally carry tasers rather than stun guns. In general, they can lawfully use these weapons to:

• stop a suspect who is threatening violence or is being violent;
• prevent a suspect from fleeing; or
• stop an aggressive animal.

Police generally cannot use these weapons just to punish suspects for being difficult or refusing to move. Police should also avoid using them on the elderly, small children, or visibly pregnant women unless the threat is severe.¹³

Like stun guns, tasers are generally lawful in Colorado.

Frequently Asked Questions

Can I carry a stun gun without a permit in Colorado?

Yes, adults 18 and older who are not convicted felons can legally possess, carry, buy, and sell stun guns in Colorado without a permit or background check. You also do not need a concealed carry permit to carry a stun gun concealed, unlike with handguns.

What happens if I use my stun gun to defend myself?

You can legally use a stun gun in Colorado if it is necessary to protect yourself or others from an immediate physical threat. However, using a stun gun during the commission of any crime – even a minor one – is a class 5 felony punishable by one to three years in prison and fines up to $100,000.

Are there age restrictions for owning a stun gun in Colorado?

Yes, you must be at least 18 years old to possess a stun gun in Colorado. Minors under 18 are prohibited from having stun guns, and police may ask for proof of age. Convicted felons of any age are also banned from possessing stun guns.

Do local cities have different stun gun rules than state law?

Some Colorado cities and counties have their own weapons laws that may be stricter than state law. Cities like Boulder, Parker, Pueblo, and Thornton have additional restrictions. You should always check local laws when traveling with a stun gun to avoid violating local ordinances.

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.

See our related article, “Pepper Spray” Laws in Colorado – Is it legal?

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