Filed Under: CRIMINAL DEFENSE, VIOLENT CRIMES, Weapons Charges Tagged With: misdemeanors, violent crimes, self defense, infractions, weapons

Penal Code section 22610 (PC) says that anyone convicted of a felony, of misdemeanor assault, or of misusing a stun gun under 244.5 (PC) cannot use or possess a taser. Additionally, they cannot be used or possessed by those addicted to narcotics or children under 16. Minors between 16 and 18 can own and carry stun guns, but only with written parental consent.

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Mar 20, 2023 — A 2014 research reviewTrusted Source suggested that tasers can cause a life threatening arrhythmia called ventricular fibrillation (VF), even in ...

I rely on my experience as a top defense lawyer in my area to personally review all information on this site; however the information offered here should not substitute as legal advice. If you have been arrested or charged with a crime in Vista, please contact a qualified defense attorney.

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First, while many people distinguish between tasers, which can be fired at targets from a distance, and stun guns, which require you to make direct contact with the victim, California state penal code does not. Nor does the law distinguish between handheld electroshock weapons and stun batons. No matter what brand or type of self-defense device you have, if it immobilizes someone using an electrical charge, it falls under the same California law, whether it’s technically a taser, a stun baton, or a stun gun.

The good news is that stun guns are legal for most people to possess and carry, and no permit is necessary. The reason for such liberal possession laws is that these weapons are non-lethal and an effective means of self-defense. However, you might want to speak to a defense attorney if you aren’t sure whether you can legally carry one in a given situation, as the devices are not legal for everyone to carry, and there are certain locations where no one but law enforcement officials are allowed to possess them.

California Penal Code section 244.5 (PC) says these electronic weapons can only be used for self-defense. Anyone charged with committing an assault with a stun gun in California will not only face a misdemeanor or felony charge for the crime but also be prohibited from possessing a weapon of this type in the future. As a misdemeanor, this offense is punishable by no more than 1 year in jail, but as a felony, the crime carries a sentence of up to 3 years in prison. If the weapon was used on a firefighter or peace officer, the penalty can be as high as 4 years in prison.

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California has strict and complex weapons laws that go beyond mere gun possession and detail everything from switchblades to pepper spray use. The rules are more straightforward regarding electroshock weapons such as taser batons and stun guns. Most people can legally own these weapons under state law, but some people are banned from possessing them under California Penal Code 22610 (PC). Moreover, it’s against the law to use them for anything but self-defense.

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It is easy to understand how a person could be carrying a stun gun and forget to put it away before visiting one of these locations, so if you are charged with carrying a stun gun in a restricted location, an attorney may be able to have the charges against you dropped.

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The good news is that a first-time violation of 22610 (PC) is only an infraction, punishable by a fine of $50. A second or subsequent offense will result in misdemeanor charges punishable by up to six months of jail time and a fine of up to $500.

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I have been practicing law for over 40 years, and opened my own law firm in 1998, after serving as Assistant Supervising Public Defender for the Vista Public Defender’s Office. I have defended many high profile cases in my career, fighting charges ranging from drunk driving to capital murder.

Additionally, under Penal Code section 22610(c)(2) (PC), it is also a crime to carry a stun gun in certain locations, including the secure area of an airport, state and local government buildings, public school grounds and places where public meetings are held. Violations of this code are a misdemeanor, punishable by up to 1 year in jail.

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If you have any questions about California Penal Codes 244.5 (PC) and 22610 (PC), please call violent crimes lawyer Peter M. Liss at (760) 643-4050 or (858) 486-3024.