Can a felon own a Taser in Arizona

You don’t need a permit to buy or carry a stun gun in Arizona, but there are limits on sales and use of these devices.

Arizona doesn't regulate the possession of stun guns. However, the state does impose restrictions on authorized sales of Taser-type weapons, and use of a stun gun during a crime could result in stiffer penalties. Read on for details.

What Counts as a Remote Stun Gun Under Arizona Law?

Stun guns and Tasers are devices that can immobilize someone with an electrical current. Although some people (and state laws) use these terms interchangeably, they are different. Stun guns require direct contact to deliver a shock, while Tasers can either work from a distance (by shooting small probes) or on direct contact. Arizona laws on electric weapons apply only to "remote stun guns," defined as any device designed and used to incapacitate someone with an electrical charge, through either direct contact or wired probes, or through some other "conductive means." Tasers (a brand name that has become a popular term for these weapons) should fall under this definition. (Ariz. Rev. Stat. § 13-3117(E)(2) (2019).)

Arizona Restrictions on Sales of Remote Stun Guns

Anyone in Arizona can buy or possess a stun gun without a permit. However, it's illegal to sell remote stun guns for consumer use in the state without meeting all of the following requirements:

• Stun gun dealers (other than secondary sellers) must require the buyer to show government-issued identification and must keep an accurate sales record with manufacturer.
• The device's electrical discharge must less than 100,000 volts and less than nine joules of energy with each pulse.
• The device must be equipped with identification numbers on all of the probes and a tracking system that disperses coded material (microdots like confetti), which can be traced to the buyer through the sales records on both the stun gun and the individual cartridges.
• The manufacturer must offer a training program.

(Ariz. Rev. Stat. § 13-3117(A), (E)(1) (2019).)

Illegal Use of a Remote Stun Gun

It's a felony in Arizona to use or threaten to use a remote stun gun against an on-duty law enforcement officer.

State law also increases the penalties for certain crimes when remote stun guns are involved. For example:

• Use of a remote stun gun during a felony is one of the aggravating circumstances the courts must consider when deciding whether to impose the maximum legal sentence.
• If a stun gun is used during a crime in a way that makes it a "dangerous instrument" under Arizona law—meaning that it can readily cause serious injury or death—the defendant could face more serious charges, such as aggravated assault (a felony) rather than simple assault (a misdemeanor).

(Ariz. Rev. Stat. §§ 13-701, 13-704, 13-1204, 13-3117 (2019); State v. Gustafson, 311 P.3d 250 (Ariz. Ct. App. 2013).)

Look Out for Legal Changes

States can change their laws at any time. You can use this search tool to find the current statutes discussed in this article.

Getting More Information and Legal Help

Some Arizona local governments (including tribal governments) may have regulations on stun guns and Tasers that are stricter than state law. You may want to contact your local law enforcement agency or a local criminal lawyer with any questions about your legal right to own, carry, or use one of these weapons where you live. However, if you're facing charges for a crime that may have involved the use of a remote stun gun, you should speak with an attorney immediately. A qualified criminal defense lawyer can evaluate the facts in your case and develop strategies for defending against the charges.

Posted on April 29, 2021

Both stun guns and Tasers (“remote stun guns”) are legal to buy and possess in Arizona. But Taser dealers must abide by certain restrictions or face petty offense charges. And using a Taser against a law enforcement officer is a class 4 felony.

What is the difference between stun guns and tasers?

Both stun guns and Tasers emit electrical currents and are used to temporarily immobilize assailants. But stun guns work only by coming into direct contact with the assailant. Meanwhile, Tasers can be deployed from a distance through shooting probes to deliver the shock.

Tasers fit into Arizona’s definition of remote stun guns:

Remote stun gun means an electronic device that emits an electrical charge and that is designed and primarily employed to incapacitate a person or animal either through contact with electrodes on the device itself or remotely through wired probes that are attached to the device or through a spark, plasma, ionization or other conductive means emitting from the device.1

What are the requirements for selling Tasers in Arizona?

Arizona permits the sale of authorized remote stun guns (Tasers) only if the following five conditions are met:

1. The Taser’s electrical discharge is less than 100,000 volts and less than nine joules of energy per pulse;
2. All the projectiles discharged from the Taser have a serial or identification number;
3. The manufacturer offers a training program;
4. The buyer shows a government-issued ID to verify his/her identity; and
5. The Taser has an identification and tracking system that, on deployment of remote electrodes, disperses coded material that is traceable to the purchaser through records that are kept by the manufacturer on all Tasers and all individual cartridges sold.

It is a petty offense in Arizona for commercial dealers (with the exception of secondary sellers) to sell a Taser without keeping an accurate sales record as to the identity of the purchaser with the Taser’s manufacturer. This crime carries no jail. Instead, the court can impose fines of up to $300 for a person and up to $1,000 for an enterprise/business.2

Do I need a permit to carry a stun gun or Taser in Arizona?

No. Permits, registration, and licenses are not necessary in order to buy, own, or carry a stun gun or Taser in Arizona.

Is using a stun gun or Taser a crime in Arizona?

Using a stun gun or Taser in lawful self-defense is legal. Otherwise, electrically shocking someone without justification may result in misdemeanor assault (ARS 13-1203) charges. And if the defendant employed the weapon in a way that could cause serious bodily harm or death, then the D.A. may instead press felony aggravated assault (ARS 13-1204) charges.

It is always a class 4 felony to knowingly use – or threaten to use – a Taser against a law enforcement officer who is engaged in the performance of the officer’s official duties. The presumptive sentence is 2 years and 6 months in Arizona State Prison, but it may be longer depending on the facts of the case and defendant’s criminal history.3

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Legal References

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.

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