Personal Taser California Law
Taser is a brand name for a specific device known generically as a stun gun. Tasers and other stun guns are legal to possess and use in California except in certain places and for certain people, such as felons. It's also illegal to sell a Taser to a minor. Stun guns are classified as less than lethal weapons in California because they incapacitate a person by application of less than lethal force.
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Stun Guns
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Section 12651 of the California Penal Code authorizes any person to purchase, possess and use stun guns, subject to certain restrictions. A stun gun is defined as an offensive or defensive weapon that can temporarily immobilize a person through application of an electric charge. Stun guns are expressly allowed for use by law enforcement officers under California law. There are no defined limitations on the strength of a Taser except that it be less than lethal.
Sale Requirements
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Every Taser sold in California must have both the name of the manufacturer and the serial number of the weapon stamped on the gun itself. By law, every Taser sold must be accompanied by an instruction booklet. Sale of a Taser or any less than lethal weapon (as defined by law) to a minor is a misdemeanor offense punishable by up to six months in jail and a fine of up to $1,000.
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General Restrictions
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It is unlawful for a Taser to be possessed by anyone convicted of any state or federal felony, any assault or any crime involving the misuse of a stun gun. It is also illegal for anyone addicted to narcotics to possess, purchase or use a Taser. A minor 16 years old or older can possess, purchase or use a Taser only if she have the written consent of a parent.
Prohibition in Public Buildings and Meetings
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Though it is otherwise lawful to possess a Taser, the California Penal Code makes it illegal to possess a stun gun in any state or local public building or any government meeting required to be open to the public. This, however, does not apply to law enforcement officers, individuals bringing a stun gun into a court of law as evidence, any part of a building that is not owned or leased by the government or anyone with written permission by the security officials of the building. Tasers are also prohibited in the sterile area of airports, and the use of a taser on a public school employee is punishable by incarceration in state prison for up to four years.
Mandatory Reporting
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Every health care practitioner in the state of California is required to report to local law enforcement any injury treated from the result of an assault with a Taser. The written report must include the name of the injured person, nature of their wounds and the identify of alleged assailant. This report is required even if the injury is fatal and even if the evidence of the use of a stun gun is discovered only during an autopsy.
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