In Colorado, adults who are not felons are generally allowed to possess, carry, buy or sell stun guns to use in lawful self-defense. Therefore, stun guns cannot be used as toys or to break the law.
CRS 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 Colorado criminal defense attorneys discuss:
- 1. Are stun guns legal in Colorado?
- 2. What is the penalty for using a stun gun in a crime?
- 3. How do I defend against stun gun charges?
- 4. Can I get the case sealed?
- 5. How the Second Amendment Applies
- Additional Reading
1. Are stun guns legal in Colorado?
Yes. The possession, purchase, and selling 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. 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 CRS 18-12-106.5 violation.1
Stun guns disrupt a person’s neuromuscular system.
What is a stun gun?
Colorado law defines a stun gun as “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 victim’s body. The voltage ranges from 100,000 to 4.5 million.
Tasers, also called “long-range shock weapons,” are legal in Colorado as well. Unlike stun guns, which are close-range devices, tasers operate by shooting darts up to 15 feet and delivering several electrical charges. The voltage is up to 50,000.
Can I buy a stun gun without a background check?
Yes. Background checks are not required to purchase stun guns. You do not need a special license to have a stun gun.
Do I need a permit to carry a concealed stun gun?
No. Unlike concealed handguns, the concealed carry of stun guns is usually legal without a CCW (carrying concealed weapons) permit.
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
Whenever you travel with stun guns, always look up the local law to educate yourself about the rules.
Can felons possess stun guns?
No. 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 (CRS 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
Can minors have stun guns?
No. 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
2. What is the penalty for using a stun gun in a crime?
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 criminal offense(s) you were allegedly using the stun gun for, such as:
- first-degree assault (CRS 18-3-202),
- second-degree assault (CRS 18-3-203),
- sexual assault (CRS 18-3-402),
- false imprisonment (CRS 18-3-303),
- aggravated robbery (CRS 18-4-302), or
- menacing (CRS 18-3-206).
Furthermore, the penalties for these underlying offenses may increase because you used the stun gun.
3. How do I defend against stun gun charges?
Using a stun gun is illegal in Colorado only if you use it to commit a criminal offense. Therefore, 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 CRS 18-12-106.5 charges include (but are not limited to):
- The device used did not meet the definition of a stun gun.
- You did not use the stun gun in any way to carry out the underlying crime.
- You were acting in legal self-defense or defense of someone else.
- The stun gun was inadmissible evidence because it was discovered from an illegal search and seizure in violation of your Fourth Amendment rights.
- The police officers coerced a confession during the investigation.
- Law enforcement lacked probable cause to make an arrest.
- 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.
A conviction for violating CRS 18-12-106.5 can be sealed 3 years after the case ends.
4. Can I get the case sealed?
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.
5. How the Second Amendment Applies
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.10
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.
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:
- CRS 18-12-106.5; People v. Wheeler, App. (2007), 170 P.3d 817 (“Thus, the statute could reasonably be interpreted as prohibiting, in the commission of a crime, (1) only discharge of a stun gun (“put into action”), or (2) threatening display of a stun gun (“gives a benefit or advantage”) as well.”); People v. Bass, (Colo. App. 2006) 155 P.3d 547.
- Colorado Revised Statute 18-12-101 subsection (1)(i.5).
- CRS 18-12-102; CRS 18-1-901.
- See, for example, Eagle County Code 9.12.130 (carrying concealed stun guns is a class A municipal offense). Also see Milliken Code 10-9-10; Parker Code 5-06-190; Minturn Code 10-12-40; Milliken Code 18-9-40; Thornton Code 38-239; and Pueblo Code 11-1-601 0. See also Colorado Senate Bill 256 (2021).
- CRS 18-12-108.
- See, for example, the stun gun superstore checkout (“When purchasing from this website you represent that you are age 18 or over and will only use the product(s) in a lawful manner for self-defense and/or law enforcement.”).
- CRS 18-12-106.5.
- Roberts v. People (2017) 2017 CO 76, 399 P.3d 702.
- CRS 24-72-701-708.
- Caetano v. Massachusetts (2016) 136 S. Ct. 1027.
- District of Columbia v. Heller (2008) 554 U.S. 570 (“[T]he right of the people to keep and bear arms . . . confers an individual right to possess and carry weapons.”).
- People v. Webb (Ill. Sup. Ct. 2019) 131 N.E.3d 93 (“[The Second Amendment] extends . . . to . . . arms . . . that were not in existence at the time of the founding.”)