Current Stun Gun Laws in New Jersey
The current law regarding stun guns is set forth at N.J.S.A. 2C:39-3(f), which states:
Except as provided in subsection g. of this section, any person who knowingly has in his possession any of the following weapons is guilty of a crime of the fourth degree:
An electrical device which uses electrical charge or heat to affect the sensory, nervous, or motor functions of a person which is designed to incapacitate temporarily or permanently.
The key takeaway from this statute is that a stun gun is treated like a gun if you choose to carry one in public. Carrying a stun gun either illegally (without a permit) or for self-defense or other lawful purposes where it causes injury may very well result in criminal charges against you.
Under N.J.S.A. 2C:39-6, there is a "defense" to a prosecution for illegally carrying a stun gun. This type of defense means that you were in compliance with the law and possess the stun gun for an acceptable purpose, meaning you had no intent to use it unlawfully. Under N.J.S.A. 2C:39-6(f) , the following is a defense to a charge for possession of a stun gun:
A person who obtains a permit to carry a stun gun pursuant to subsection f. of this section may carry a stun gun while traveling to and from the places where he is going and while actually engaged in the lawful business for which the permit was issued.
The requirements for obtaining this permit include obtaining an application designating a specific stun gun you wish to carry and submitting it to the superintendent of the State Police for approval. There is a $20.00 fee and the applicant must also provide at least five personal references. This application must be completed by the person who would actually possess the stun gun, not merely someone on the person’s behalf.
Jumping back to the subject of whether a stun gun is legal in New Jersey, it bears explaining that the language of the statute explicitly states that the stun gun is only criminalized if it is "knowingly" possessed. What does this mean? This means that if your stun gun is accidentally, without a malicious intent, released into the public, this will not be charged as a criminal offense. When it comes to New Jersey crimes, however, the terms knowingly and recklessly are two different things. A reckless act carries a slightly lower burden because it is concerned with an outcome rather than with one’s own mindset. In other words, a reckless act is performed by someone who fails to see the consequences of one’s actions, whereas a knowing act is performed by someone who knows full well what he is doing.
Exceptions to and Limitations on the Use of Stun Guns
Even with the more recent lifting of the ban on stun guns in New Jersey, there are still restrictions on stun gun use and possession. In order to possess a stun gun legally in NJ, you must satisfy the following conditions: In addition, those who are otherwise permitted to possess stun guns and tasers in NJ (as detailed above) may not be permitted to have stun guns or tasers on school property, unless they are under the authority of the chief of police to maintain security in a school. See N.J.S.A. 2C:39-5e. Schools are defined as "any elementary or secondary school, and any other public or private university, college, community college, or other similar institution of higher education." Likewise, stun guns and tasers are excluded from other places where firearm possession is prohibited, including in government buildings. See N.J.S.A. 2C:39-6g.
Comparison of Stun Gun Laws in Other States
With the Supreme Court’s decision on the matter, it is now time to look at the laws in New Jersey to see how they match up – and how they differ from – those of our neighboring states. The laws in Pennsylvania, as codified in their Crimes Code, Title 18, Subsection 908, make no distinction between stun guns and standard handguns: "The term ‘firearm’ means any weapon (including a starter gun) which is readily capable of being fired or is designed to or may readily be converted to be fired. The term does not include antiques and other guns…" Massachusetts also tends to fall into this category, as the law there allows for stun guns, tasers, and pepper sprays but prohibits them in schools, airports, and courthouses. In New York, stun guns fall into the same category as firearms, whereas Connecticut allows for stun guns to be used at home. Meanwhile in the District of Columbia, stun guns are classified as "other deadly weapons," a classification that allows for self-defense of persons and property, but nothing beyond that. But all of these states allow people to have stun guns in their homes and transport them inside their places of employment; it is the public use of this form of property that was questioned when the Supreme Court weighed in on the issue of stun guns and firearms. New Jersey has always been wary of this technology. The state was not the first to ban stun guns (it was New York), but it did come second. However, the state of New Jersey has the strictest laws when it comes to these weapons. Whereas New York and Pennsylvania simply classify all weapons under the same general term ("firearm") and classify stun guns under that general term, New Jersey law states that "all stun guns are prohibited, with an exception carved out for the lawful use, possession or carriage of a stun gun by … [the] individual’s legal possession or control in that person’s household."
Penalties for Illegal Possession of Stun Guns
Unless you hold a license to carry a stun gun, the illegal possession of one can land at the minimum, a fourth-degree charge against you. That is a serious charge that carries stiff penalties, including being labeled as a criminal. A fourth-degree crime in New Jersey is punishable by up to 18 months in prison, fines up to $10,000, and you will carry the burden of proving to any prospective employer or landlord that you are rehabilitated from now until the end of time.
If you are caught carrying a stun gun outside of your home without a permit or to an area that is prohibited, such as a school zone or any government building or office, you could find yourself facing a third-degree charge. That is even worse because third-degree crimes have the following penalties: up to five years in prison, $15,000 in fines, and carry an irrebuttable presumption of imprisonment. What this means is that if you are convicted, the judge has to sentence you to jail time. There are no alternatives to this sentencing with this kind of conviction.
Potential jail time is the absolute last thing that anyone with a stun gun needs, but if you happen to have a firearm or personal injury charges on your record, what you really need is to avoid being sentenced to prison time. A conviction like that could mean you are prohibited from any type of firearm ownership in the future.
How to Purchase a Stun Gun Legally
So now that the law allows for the purchase and possession of stun guns, how do you go about actually buying one? The first step is to visit a store that is authorized to sell them in New Jersey. While some retailers have previously offered them online to New Jersey consumers, such was not permitted in accordance with the terms of the recent decision. Prior to the effective date of October 5, 2017, no New Jersey resident may have purchased a stun gun with retail availability in the state. That has now changed.
To be clear on this, below is a list of some of the types of stores which may sell stun guns to New Jersey residents:
Again, this list is not all-inclusive . As with any device, you should absolutely only buy from reputable sources. You should also be careful who you give your personal information to and do not ever share your credit card numbers with a store unless you are physically present in the store. Under the statute, it is possible that a retailer selling stun guns will be required to perform a background check, although it would appear that that responsibility is primarily on the New Jersey resident if he/she is apprehended with an stun gun. In the event that you are stopped and arrested, you should seek a competent and qualified criminal lawyer to represent you.
Considerations for Stun Gun Owners
If you’re a stun gun owner in New Jersey, it’s important to familiarize yourself with how to store, carry, use, and care for your weapon. While a stun gun is a perfectly legal self defense tool, it should not be treated lightly and must be used for the purpose allowed by law. For example, stun guns cannot be carried or used on school grounds, in private schools, on school buses, or at public or private events, unless those areas are not accessible to the general public. If you attend classes at college, you will not be able to bring your stun gun to class. This is a felony offense that can result in one-to-three years in state prison. Note that, while stun gun manufacturers advise that, when discharged, their weapons will produce an audible noise that helps to scare attackers and may prevent you from even needing to touch your assailant before they flee, the law does not make any exceptions for using a stun gun as a threat. You are not permitted to discharge a stun gun outside of an attacker’s immediate physical contact, even if your intention was to scare them into dropping whatever dangerous object they are holding. You may only engage a threat in self defense by making contact with their body, and you may only use the weapon until the threat has been removed or immobilized. It is also important to keep stun guns away from children and pets, to avoid injury. Store weapons in hard-to-reach places or locked containers, especially when they are not in use. While laws against using a stun gun to commit or threaten to commit a crime do exist, being charged with that crime will often require adherence to the "reasonable man test." This means that you will have to provide context for your actions and prove that you believed, in good faith, that you could reasonably use a stun gun against the individual you attacked to prevent or halt what you believed to be an imminent physical attack against you. This requires you to be honest about your circumstances and the chain of events that led to your stun gun use, but only to an extent. If you are found to have used your stun gun as a first means of self defense or in a configuration resembling an active threat (i.e., discharged, brandished, or in plain view but not quickly stowed away), you will be at risk of having your case viewed as a criminal act performed regardless of your intentions. In other words, the court will not permit you to claim that a stun gun was an essential part of your self defense plan if that claim is not supported by your actions and how you carried out your self defense plan. Stay aware of your environment and always take care to blend in when you use a stun gun. If you are required to use your weapon for self defense, you may only do so until you are able to flee the site of the attack to safety.
Public Sentiment and Advocacy Surrounding Stun Gun Laws
Through public discussion and comment procedures for draft legislation, the passage of new laws and the emergence of advocacy groups, the opinions of the public at large and special interest groups concerning stun gun legislation can be powerful forces behind the changes or preservation of existing laws. The administration of stun guns by ordinary civilians without any form of training continues to be a controversial public issue.
The validity of civilian usage of stun guns is supported by an in-depth study performed by the National Academy of Sciences ("NAS"), which concluded that civilians will not misuse stun guns if properly educated in their use. Nonetheless, and perhaps due to fatal incidents in the past, a plethora of public discourse exists surrounding civilian usage of stun guns and its surrounding legality. The importance of public perception of civilian stun gun usage is particularly salient in New Jersey’s case, given that the State’s ban on civilian stun gun usage was derived from public comment submitted for a draft regulation proposed by the State of New Jersey Department of Law and Public Safety ("NJ-DLPS"). The proposed regulation, which involved the removal of N.J.A.C. 7:2-10.6, 7:2-10.7 , 7:2-10.8 and 7:2-10.8.1, introduced an amendment to the Legislative Declarations of the NJ Code of Criminal Justice, which at that time expressly prohibited the use and possession of ‘stun guns’. The proposed changes led to an administrative takeover of the definition of ‘inherently lawful sales’. In an October 2014 Notice of Administrative Change published in the New Jersey Register, the NJ-DLPS justified the adoption of the regulation change because it rendered previously described conduct lawful. Prior public comment revealed overwhelming support for the repeal of said regulations, although ultimately, this same regulation has been rejected. In a March 2011 article published in the Star Ledger, Governor Chris Christie described residents of New Jersey as some of the most "ignorant people" to exist within the United States. The publication suggested that the Governor’s comments were directed toward the private and consumer groups that seek to remove existing laws on ‘stun guns’ in New Jersey. The article also recognized that amidst the Governor’s recent statement, residents have "a right to own ‘stun guns’," but this is yet another example of the public’s growing debate on this issue.