Are Stun Guns and Tasers Legal in California?
Most California residents can own, use, or buy a taser and stun gun for self-defense. These devices are considered less-lethal weapons designed to incapacitate an attacker temporarily by delivering an electric shock.
Stun guns and tasers are weapons often used for defense in California. The two terms are often used interchangeably. Many people carry these with them, especially if they believe they are going to a dangerous area. Stun guns and tasers are often seen as non-deadly forms of self-defense.
However, these weapons can still injure people. They expend an electric charge that can be dangerous if misused. For this reason, the state of California has regulations regarding stun gun and taser ownership. Our Los Angeles criminal defense lawyers can help you understand California Penal Code Section 22610: Stun Guns and Tasers.
Understanding California’s PC 22610
PC 22610 details which individuals are not legally allowed to own a stun gun or taser in the state of California.
Individuals cannot buy, own, or utilize a stun gun or taser if they are convicted of:
- A felony
- A crime that involves assault
- The prior misuse of a stun gun or taser
Individuals with a narcotics addiction cannot legally own, buy, or use a stun gun or taser. There are also regulations on the age for ownership of these weapons. In most cases, people younger than 16 years old cannot buy or own a stun gun or taser. However, exceptions may be made for minors who have written parental consent.
You should also know that it is illegal to sell a stun gun or taser to individuals under 16 years old in most cases. However, store owners can sell these weapons to a minor who provides written proof of parental consent. Find out how to fight PC 22610 charges with the Simmrin Law Group.
Penalties for PC 22610 Convictions
The court does not always handle PC 22610 charges in the same way. Individuals typically face an infraction for a first-time offense, which is relatively minor. A conviction for an infraction usually only leads to a fine of $50.
However, PC 22610 charges grow more serious for repeat offenders. Individuals can face misdemeanor charges for second and subsequent PC 22610 violations. A misdemeanor conviction can lead to more serious penalties, including:
- Fines of up to $1,000
- Jail time of up to six months
- Summary probation
A weapons charges attorney in Los Angeles can help you if you’re accused of an infraction or a misdemeanor. The Simmrin Law Group understands how to handle these charges and knows which defense will work best in your case.
Where Are Stun Guns or Tasers Not Allowed?
In California, carrying a Taser is prohibited in specific locations. Violating these regulations can lead to misdemeanor charges, which may result in penalties including fines of up to $1,000 and a potential jail sentence of up to one year.
Places where you can’t take a taser include:
- School grounds
- State government facilities
- Public administration buildings
- Airports beyond the TSA security checkpoints
- Secured terminals for passengers at ports or harbors
- Meetings mandated by law to be accessible to the public
Charges Similar to the Possession of a Stun Gun or Taser
There are many other laws regulating weapon ownership in California. Many weapons are “generally prohibited” in California, which means that the state restricts their ownership to all but a few people.
Examples of these weapons include:
- Wallet guns
- Brass knuckles
- Air gauge knives
There are many different kinds of restricted weapons in California. No matter what restricted weapons charge you’re facing, the Simmrin Law Group can help.
Defenses Against a PC 22610 Accusation in California
A criminal defense lawyer in Los Angeles can help if you have been accused of the illegal possession of a stun gun or taser. If applicable, we can work to demonstrate that you were legally allowed to own the weapon by showing that you:
- Had parental permission (if you are under 16 years old)
- Were never convicted of a felony or assault crime
- Are not addicted to narcotics
You Did Not Have a Stun Gun or Taser
We can also work to show that you did not have a stun gun or taser if that was the case. Perhaps you had a toy that looked like one of these weapons. If the item does not emit an electric charge, you may be able to avoid a conviction under PC 22610. Contact us for help today.
You Were the Victim of an Unlawful Search and Seizure
The police must follow the rules when performing their duties. If a law enforcement officer fails to uphold these rules and regulations, any evidence they uncover could be inadmissible. The Fourth Amendment protects against unlawful search and seizure.
If you are not allowed to own a stun gun or taser in California, but one was uncovered in your possession during an illegal search, your defense attorney will move to have the evidence suppressed. They may even succeed in getting your case dismissed outright.
Can a Conviction Under Penal Code 22610 Be Expunged?
If you are convicted of violating California PC Section 22610, you could get the charge expunged. If the charge is processed as a misdemeanor, you must complete any jail sentence or probation period before your record can be expunged. A criminal defense lawyer can help you petition the court to have the charge stricken from your record.
Does a Conviction for Violating PC 22610 Affect Gun Rights?
A conviction of Penal Code 22610 alone will not affect your gun ownership rights. However, if you use a stun gun or a taser in the act of committing a violent crime, your gun rights could be revoked. Talk to a criminal defense lawyer to find out more.
Ask a Lawyer About Fighting Penal Code 22610 Charges Now
We can help you begin working on your defense if you have been accused of the unlawful ownership of a stun gun or taser. Let the Simmrin Law Group help you handle Penal Code 22610 accusations, whether you’ve been accused of an infraction or a misdemeanor.
Find out how a criminal defense lawyer in Los Angeles can help by completing our online contact form. You can also call us today for a free consultation. We will review the details of your situation, answer all your questions, and provide advice on the best way to proceed with your case. Let us help you fight back against a Penal Code Section 22610 charge.