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Laws and Restrictions for Pepper Spray, Stun Guns and Knives

Stun Gun Laws

STATES WHERE STUN GUNS ARE RESTRICTED:

ILLINOIS – Can be purchased with FOID Card HAWAII MASSACHUSETTS MICHIGAN RHODE ISLAND WISCONSIN – Can be purchased with CCW permit

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CITIES WHERE STUN GUNS ARE RESTRICTED:

CHICAGO, IL – Not even with FOID card

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COUNTRIES THAT STUN GUNS ARE RESTRICTED:

AUSTRALIA BELGIUM CANADA DENMARK HONG KONG INDIA (POLICE USE ONLY) ITALY JAPAN NEW ZEALAND NORWAY SWEDEN SWITZERLAND UNITED KINGDOM

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PENAL CODES AFFECTING AIR TASER, STUN GUNS & STUN BATONS.

STATE RESTRICTIONS:

ILLINOIS: Restricted

In order to possess a Taser or stun gun, an individual must have a valid FOID card, as is currently required for firearms. Sellers of Taser or stun guns must check the buyers FOID card and keep the record of sale for ten years, the same requirements for firearms sales. When a licensed firearms dealer sells a Taser or stun gun, they must request a background check of the buyer. The 24-hour waiting period required for long guns, shotguns, and rifles, will also apply to taser and stun gun purchases.

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HAWAII: Illegal

Hawaii State Law. Rev. Stats. Title 10, Chapter 134. Firearms, Ammunition and Dangerous Weapons. Part 1. General Regulations. Chapter 134-1 Definitions.

“Electric gun” means any portable device that is electrically operated to project a missile or electromotive force.

Chapter 134-16 Restriction on possession, sale, gift or delivery of electric guns.

(a) It shall be unlawful for any person, including a licensed manufacturer, licensed importer or licensed dealer, to possess, offer for sale, hold for sale, sell, give, lend or deliver any electric gun.

(b) Any electric gun in violation of subsection (a) shall be confiscated and disposed of by the chief of police.

SUMMARY: Possession and sales of Stunning Devices are banned in Hawaii.

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MASSACHUSETTS: Illegal

Massachusetts State Law. Ann. Laws of Massachusetts. Chapter 140. Sale of Firearms. Section 131J: Sale or possession of electrical weapons; penalties. Section 131J. No person shall sell, offer for sale or possess a portable device or weapon from which an electric current, impulse, wave or beam may be directed, which current, impulse, wave or beam is designed to incapacitate temporarily, injure or kill. Whoever violates this provision of this section shall be punished by a fine of not less than five hundred nor more than one thousand dollars or by imprisonment for not less than six months nor more than two years in a jail or house of correction, or both.

SUMMARY: Possession and sales of Stunning Devices are banned in Massachusetts.

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MICHIGAN: LEGAL

After a Michigan court ruled that the state’s ban on stun guns was illegal, the state legislature amended the law to require a concealed pistol license for civilian possession and use of Tasers, not stun guns.

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RHODE ISLAND: Illegal

General Laws of Rhode Island. Title 11, Chapter 47. Statute Subsection 11-47-42. Weapons other than firearms prohibited. – (A) No person shall carry or possess or attempt to use against another, any instrument or weapon of the kind commonly known as a *** stun gun ***. Any person violating the provisions of this subsection, shall be punished by a fine of not more than five hundred dollars ($500), or by imprisonment for not more than one (1) year, or both such fine and imprisonment, and the weapon so found shall be confiscated.

SUMMARY: Possession and use of Stunning Devices are banned.

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WISCONSIN: Legal with restriction

Under the CCW (Carrying Concealed Weapons) laws, the prohibition against possessing or going armed with an electric weapon does not apply to any of the following:

A CCW licensee or an out-of-state licensee. An individual who goes armed with an electric weapon in his or her own dwelling or place of business or on land that he or she owns, leases, or legally occupies.

Wis. Stat. § 941.295(2g).

The prohibition against transporting an electric weapon does not apply to any of the following:

A licensee or an out-of-state licensee. An individual who is not a licensee or out-of-state licensee who transports an electric weapon if the electric weapon is enclosed within a carrying case.

Wis. Stat. § 941.295(2r).

If you are not specifically allowed to carry an electric weapon (see above) you are only allowed to carry an electric weapon in your own dwelling or place of business or on land that you own, lease, or legally occupy. Wis. Stat. § 941.295(2g). You may also transport the weapon if it is enclosed within a carrying case. Wis. Stat. § 941.295(2r). The possession or carrying of an electric weapon in any other situations is a felony. Wis. Stat. § 941.295(1m).

Electric weapons cannot be sold to persons in Wisconsin who are not law enforcement, armed forces on official duty or persons without a recognized out-of-state CCW license or a Wisconsin CCW license. Wis. Stat. § 941.295(2)(d). A violation of this statute is a felony. Wis. Stat. § 941.295(1m).

SUMMARY: You need a CCW license or recognized out of state license to legally carry stun guns in Wisconsin. However, you can have a stun gun in your home or business and even carry it in your vehicle if it’s in a closed case. The catch 22 is that no one can sell to you if you don’t have a CCW license.

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CITY/COUNTY RESTRICTIONS:

CHICAGO: Illegal

Publisher’s Note: The following jurisdictions require waiting periods or notifications to law enforcement officials before weapons may be delivered to purchasers:

Chicago – application approval/denial for:

(1) Registration : 120 days

(2) Re-registration: e.g., by an heir, 365 days)

SUMMARY: Possession and sales of Stunning Devices are banned in Chicago. (More information required on City of Chicago Ordinance)

Below are pepper spray laws and restrictions that we are aware of. You should check locally if you believe pepper sprays may be restricted in your area:

Pepper Spray Laws

State Laws and Restrictions

States Where Pepper Sprays are Restricted (We cannot ship to these states. If an order is placed your order will be cancelled)

New York: New York residents may only purchase defense sprays from licensed Firearms Dealers or licensed Pharmacists in that state.

Massachusetts: It is illegal for pepper spray to be mailed to Massachusetts, but it may be lawfully carried by private citizens. Before it is legal for any resident of the state to purchase the spray, a dealer must obtain a proof of age 18 or over with a valid form of identification. However Individuals between the ages of 15 and 18 must still have a valid firearms identification (FID) card to purchase self-defense spray. These are very easy to get: you simply request one at any local police station, fill out the required form and provide two separate types of identification. Every FID has a processing fee of $2, and takes about a week to receive.

States Where Pepper Sprays Have Some Restrictions

Michigan: Pepper spray must not be more than 10% and can be used for self defense. “The reasonable use of a self-defense spray or foam device containing not more than 10% oleoresin capsicum by a person in the protection of a person or property under circumstances that would justify the person’s use of physical force. The Canister size is restricted to 35grams approx. 1.2oz.

Wisconsin: Tear gas is not permissible. By regulation, OC products with a maximum OC concentration of 10% and weight range of oleoresin of capsicum and inert ingredients of 15-60 grams are authorized. This is 1/2 oz. and 2 oz. spray. Further, the product cannot be camouflaged, and must have a safety feature designed to prevent accidental discharge. The units may not have an effective range of over 20 feet and must have an effective range of six feet. In addition there are certain labeling and packaging requirements: must state cannot sell to anyone under 18 and the phone number of the manufacturer has to be on the label. The units must also be sold in sealed tamper-proof packages.

IMPORTANT: Pepper Spray is legal in all 50 states, however a number of cities and states have restrictions on sizes, strengths, etc.. If you have a question, it is wise to check with you local city or state attorneys office. Defense sprays should only be purchased by those 18 years of age or older. The above list may not be totally accurate or complete and Safety Technology accepts no responsibility for its accuracy or completeness.

Note to Prospective Dealers: Even if you reside in a state where pepper sprays cannot be sold, YOU can still sell many of our other safety products to people in your town, and with one of our wonderful, pre-made websites, you CAN sell to your customers in states where pepper spray is legal.

Knife Restrictions:

If you have concerns, you can check locally for any laws or restrictions on knives.  We’ve been made aware that the Automatic and Butterfly knives are restricted in the following states:

Automatic Knives

California, Delaware, District of Columbia, Hawaii, Minnesota, Montana, New Jersey, New Mexico, Pennsylvania, Virginia, Washington

Butterfly Knives

California, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Idaho, Indiana, Iowa, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nevada, New Hampshire, New Jersey, New York, North Carolina, Ohio,  Rhode Island, Tennessee, Vermont, Virginia, Washington, West Virginia

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