The laws regarding ownership and use of stun guns and Tasers depends on where you live in the United States. This state-by-state patchwork of regulations that can be confusing for people interested in owning or using Taser or stun-gun type devices. Colorado’s laws on stun guns are state-specific to Colorado, and should be reviewed by anyone considering purchasing an electrical immobilizing device or “electric gun”. This article explores the legality of stun guns in Colorado, references laws in a few other states, and addresses the use of a stun gun or taser during the commission of a crime under Colorado law.
What is the definition of a stun gun in Colorado?
Colorado Revised Statute 18-12-101 covers the definitions of firearms and weapons in Colorado. It defines a stun gun as:
- “Stun gun” means a device capable of temporarily immobilizing a person by the infliction of an electrical charge.
Are Stun Guns Legal in Colorado?
In Colorado, stun guns are generally legal for civilian use. Unlike firearms, they do not require a permit to purchase or carry. Keep in mind, there are important considerations and restrictions that potential users should be aware of to ensure they remain compliant with state law.
General Legality and Restrictions on Stun Guns in Colorado
Colorado law does not classify stun guns as firearms, meaning they are not subject to the same regulations as guns. However, you must still exercise caution when using or possessing a stun gun. First, it is illegal to carry a stun gun onto school grounds or certain government buildings. In Colorado, as in many states, cities and municipalities may have their own ordinances regulating the possession and use of stun guns. Check the local laws where you live to make sure you don’t run afoul of a city ordinance.
Do I need a license for a stun gun in Colorado?
No, they’re not required. Neither is a background check. However, it is illegal for felons and minors to possess a stun gun.
Can I use a stun gun in Self Defense?
Yes, that’s really about the only way you should be using one. Outside of law enforcement purposes, using a stun gun without the affirmative defense of self-defense, can likely result in criminal assault charges.
Colorado law emphasizes self-defense as a legitimate reason for using a stun gun. Colorado self-defense laws allow for the use of reasonable force to protect oneself from imminent harm. As in every situation, excessive use of force, or the use of a stun gun in situations that do not warrant self-defense, can lead to criminal consequences. For example, if you used a taser or stun gun in a verbal altercation where there is no immediate threat of physical harm, you could be charged with assault.
Can felons or minors possess stun guns?
No, on both counts.
For felons, the possession of a stun gun can result in “possession of a weapon by a previous offender” under CRS 18-12-108. A felon in possession of a stun gun or taser device would be a class 6 felony.
Minors (under 18) also may not possess an electric immobilization device.
Use of a Stun Gun During the Commission of a Crime
The use of a stun gun during the commission of a crime in Colorado can significantly elevate the severity of the charges and penalties of the underlying crime. Under Colorado Revised Statutes Section 18-12-106.5, it is a criminal offense to unlawfully carry or use a stun gun in the commission of a crime. This statute enhances penalties for defendants who use a stun gun to facilitate a crime. Typical examples would be the use of a taser or stun gun during the commission of a robbery or assault.
This is a very important issue to keep in mind. What you might consider a clear case of self-defense, may not be seen the same way by law enforcement. You could see serious felony charges if law enforcement doesn’t agree that the stun gun was used in self-defense.
Using a stun gun in the commission of a crime can also lead to charges of felony menacing, as defined under Colorado Revised Statutes Section 18-3-206. Felony menacing involves the use of a deadly weapon or any article used to cause a person to reasonably believe it is a deadly weapon. Misdemeanor menacing is when you place someone in fear of imminent harm without a weapon. If a stun gun is used to intimidate or threaten someone during the commission of a crime, the offender can be charged with felony menacing, resulting in serious criminal charges.
Stun Gun Laws in Other States
While Colorado’s laws are relatively permissive regarding stun guns, this isn’t the case in some states. The legality of stun guns varies from state to state, with one state imposing an outright bans.
Hawaii: Stun guns were illegal for civilian use until 2021. Currently, Hawaii has strict regulations on the purchase, use and transfer of electric guns.
Rhode Island: Stun guns are currently illegal. However, the laws may change in the near future as a federal court recently ruled that Rhode Island’s stun gun ban was unconstitutional.
Other states permit the possession and use of stun guns but have specific regulations in place. This may include registration, or permits being required for ownership. Please check the laws in your state before purchasing or using a stun gun or taser device.
Federal Regulations
On a federal level, there are no specific laws governing the possession of stun guns. This leaves regulations up to the individual states and local jurisdictions. Many laws vary from State to State, similarly to the Statutory rape laws from my last blog. What may be legal in Colorado, may get you charged with a felony in another state.
Best Practices for stun gun ownership in Colorado:
For Colorado residents, owning and carrying a stun gun is legal, provided owners obey all state and local laws. Here are some best practices for stun gun ownership:
Education and Training: Become knowledgeable about how to use a stun gun and/or Taser device safely and effectively. Consider taking a self-defense class that includes training on stun gun use.
Compliance with Local Laws: Be aware of any local laws and ordinances that may further restrict stun gun possession and use within certain municipalities. Remember if you travel, you should be aware of the laws in the areas you are travelling to.
Responsible Use: Use a stun gun only in self-defense situations. Unlawful uses can lead to criminal charges, especially if used during the commission of a crime.
Conclusion
Stun guns are legal in Colorado and most states across the U.S., but the laws vary significantly by jurisdiction. In Colorado, while generally permissible, using a stun gun during the commission of a crime can result in criminal charges. It is crucial for individuals to understand both state and local laws regarding stun guns and to use them responsibly and legally. Staying informed ensures that one can legally use a stun gun for self-defense without breaking the law. For anyone facing legal or criminal issues related to stun gun possession or use, consulting with a knowledgeable Colorado criminal defense attorney can provide guidance and help navigate the complexities of the legal system in your jurisdiction.