Overview of Massachusetts Electronic Weapons Laws
An area of constant confusion when it comes to the legality of stun guns in Massachusetts is the law surrounding weapons that are "electronic or similar means." M.G.L. Chapter 140, sec. 123, provides that a "machine gun, sawed-off shotgun, rifle, any silencer or any trench, zip, decommissioning or bolt gun or any machine revolver, pistol or knife operated by gas, air, or spring, electric weapon, taser or stun gun or any other weapon of similar character" is a prohibited weapon. This is essentially a laundry list that includes all the various weapons we have decided as a society we don’t want people to have. However, in the middle of this list is "electric weapon," "taser," and "stun gun."
Massachusetts law, as with many areas of law, is constantly evolving and even the law surrounding stun guns is no exception. To understand the current framework of the law we need to understand where we’ve been. The law surrounding stun guns in Massachusetts was historically established by case law. Commonwealth v. Gardner, 384 Mass. 131 (1981). The Gardner decision essentially provided that a stun gun was nothing more than an ordinary battery with two electrodes and nothing inherently dangerous. As such, the court determined that stun guns were not considered dangerous weapons under the law.
This decision was short lived, however, and was reversed after the Supreme Judicial Court of Massachusetts, in 1985, determined that the reasons stated in Gardner concerning the legality of stun guns were no longer valid and that stun guns are indeed dangerous weapons. The court recalled that the decision in Gardner was made at a time when stun guns were relatively new and little was known about them. The study done by the SJC and presented in the Gardner decision was based on the stun guns that had been around at the time . The court concluded that the battery operated stun guns, under the current technology available, were quite effective at seriously incapacitating individuals and burning the skin and as a result were indeed considered dangerous weapons. As such, the court stated: "We therefore conclude that in the context of G.L. c. 269, § 10(b), "stun guns" are dangerous weapons, the possession of which is made unlawful, absent a license, by that statute." Gardner, 384 Mass. at 141-142.
The Gardner decision brought the pre-existing law stated in M.G.L. c 269, § 10(b) of Massachusetts General Law into conflict with the law stated in M.G.L. c 140, § 123. That is to say, that the general law of the Commonwealth as stated in M.G.L. c 269, § 10(b) provided that the mere carrying of a firearm without a license was unlawful. Section 123 previously provided that a stun gun was not a dangerous weapon, so it followed that technically stun guns were not considered illegal. The Gardner decision negated the law stated in M.G.L. c 140, § 123, and as a result the possession of stun guns without a license would likely be unlawful under the general law of the Commonwealth. This is where the issue began and in response to this lack of clarity, the Massachusetts General Court passed the legislation incorporating M.G.L. c 140, § 123 and M.G.L. c 269, § 10(b) to bring clarity surrounding weapons of this type.
The legislation, which was passed into law in January of 2012, incorporates the language of these two statutes to create a directly conflicting statute making it generally illegal to carry stun guns without a license, and in turn consolidating the law as it relates to stun guns. Thus, it is now illegal to carry one, whether open or concealed, without a license as issued from the local licensing authority.
Eligibility for Stun Gun Ownership
Individuals who want to legally possess stun guns in Massachusetts must meet certain eligibility requirements. These requirements are in place to ensure that only responsible individuals with the ability to safely handle such devices can own them for self-defense purposes.
While there is no minimum age requirement for purchase, Massachusetts law does provide deterrents for those intent on committing criminal acts. Specifically, it is illegal for individuals convicted of a felony to possess any form of weapon. This would include a stun gun. To be convicted of a felony, an individual must be found guilty of committing a crime with a potential penalty of imprisonment of more than one year. A stun gun conviction alone can result in a two-and-a-half-year prison term.
Under Massachusetts General Laws, chapter 140, section 123, stun guns qualify as "destructive weapons." Only those with a target practice permit or a sporting club permit, issued by their local police chief, can possess a destructive weapon. Individuals who apply for either of these permits must provide personal information such as their occupation, their firearms identification card or license to carry firearms, the caliber and type of ammunition, gun club local or registry number, name and address of supplier, and supplier’s certificate number.
Gun club permits are issued to those who shoot recreationally or competitively in local gun clubs. Target practice permits are issued each time an individual is of legal age to purchase a firearm or whenever a local chief of police revokes a gun club permit. Following an initial application, gun club permit holders are not required to renew their permits. However, target practice permit holders must renew annually.
Putting this all together, residents of Massachusetts aged 18 or older who have firearms identification cards or licenses to carry their weapons can own and use stun guns. Those without firearms identification cards or licenses to carry weapons can join gun clubs, obtain permits, and legally possess these devices. Those who fall into neither category are prohibited from possessing stun guns.
Versions and Exemptions
The most important places where you cannot have a stun gun: Schools, Courthouses, etc. You would think at this point that Massachusetts Residents would know that it is absolutely illegal to possess stun guns in schools and/or on school grounds. As is the case with other prohibited weapon types or classes of weapons, the general rule seems to be that if you have to ask whether a stun gun is legal in a given location, then the answer is probably no.
As is the case with many firearm violations, Mass General Law Chapter 269 Section 10J states that possession of an electric stun gun in an educational property, without the written authorization of the school principal or administrator, is sufficient for an arrest. In its attempt to avoid being perceived as a pro-death penalty state, undergirded by their anti-gun-rights culture, the current political powers that be have opted to err on the side of over-penalizing certain offenses in order to get their numbers up at the Mahoney Center for Public Health in Boston. Concealed Carry Law Blog When the educational property concept was examined by the Commonwealth’s Court System, judges were quick to point out that possession of a stun gun on school grounds should never be considered a "strict liability" type of violation but should instead be treated like any other weapons or firearms violation and dealt with according to Section 10A of Chapter 269. On the street level, that means if you happen to have a stun gun in your pocket that goes off and injures somebody, then you will most likely be charged with the section 10A violation along with a host of aggravated felonies. If, however, the police catch you walking down the street with an exposed taser, you will almost undoubtedly be assessed the full price of a Section 10J penalty. Massachusetts concealed carry blog. There are many locations that Massachusetts Residents may not bring or carry a stun gun and those places are restricted by law. Examples of places include, schools, courthouses, police/fire stations and airports (above and beyond the normal TSA rules).
Legal Comparison of Stun Guns and Other Weapons
When comparing stun guns to other self-defense weapons, the first thing we notice is that while pepper spray and firearms have been legal for decades, the electric stun gun still remains relatively under the radar for many Massachusetts residents. While Massachusetts law has allowed these weapons to be possessed and used by private citizens since 1985, the general public mainly associates these devices with police or correctional officers.
Stun guns utilize a high-voltage, low-amperage jolt of electricity to disrupt voluntary control of muscles. While a stun gun does not kill its target, it does cause serious pain, often incapacitating them for several minutes. Conversely, pepper sprays cause irritation of mucous membranes, resulting in choking and gagging, but do not incapacitate the target. The difference in fatality rates between stun guns and pepper sprays speaks for itself: no one has ever died from a stun gun attack, compared to at least two dozen deaths related to pepper spray use.
Firearms are entirely different. A firearm is a lethal weapon that can kill someone or something without causing as much pain as a stun gun. Lethal weapons are not regulated statewide in Massachusetts, so there is no department keeping tabs on stun guns. On the other hand, there are certain items, such as firearms, which Massachusetts state law requires all citizens to register.
Legal Processes for Ownership of Stun Guns
Generally, the process to acquire a stun gun consists of going to your local gun shop, where you must fill out some procedural forms and submit them along with an ID that proves you are at least 18 years of age. This may include a photo ID, proof of residency, and/or a firearm identification card. There are some very specific ordinances, however, that describe exemptions for certain parties from stun gun ban in certain areas. For example, in Boston it is legal for an exempt individual to carry a stun gun, even though the City has banned most ordinary citizens from bringing them into Establishment. This exemption, however, only extends to police officers and other gun equipped professionals such as private security guards, government employees, and investigators; it does not include all governmental employees . Moreover, the exemption does not extend to private parties who are merely authorized to perform governmental functions but are not full-time law enforcement employees.
The City also has a properly licensed retail anti-crime business exemption under which licensed gun and mechanical merchants selling weapons and ammunition can market, display, and sell stun guns within their own shops, as well as the shops of properly licensed sale representatives acting on their behalf. An applicant for a business may be subject to an application process though, and if you don’t plan to conduct an ordinary retail establishment, you should consult with an attorney licensed to practice in your local area. In certain circumstances, some exceptions may require licenses from the Massachusetts Executive Office of Public Safety and Security prior to obtaining approval or disapproval, depending upon existing regulations and rules.
Stun Gun Arrest and Legal Repercussions
Individuals who carry or possess a stun gun without following the requirements and laws established by Massachusetts may be charged with a fine of up to $5,000 and/or incarcerated for up to 2.5 years for misdemeanor possession. Fines of $1,000 and incarceration for up to six months apply for those who possess without a license. Massachusetts allows for imprisonment of up to five years for using a stun gun for purposes other than self-defense (i.e. to incapacitate), which may result in a felony conviction. It should be noted that Massachusetts law also establishes strict penalties for those who sell or transfer stun guns to minors (under the age of 18), which include both fines and a mandatory minimum term of six months of imprisonment (without the possibility of parole).
Changes in Stun Guns Laws and Likely Future Revisions
A discussion on the future of stun guns in Massachusetts is, as of yet, without any concrete decisions. While legal experts suggest that there is a reasonable likelihood that current laws will remain in place, they do maintain that legislation around the common-sense nature of less-lethal means of protecting oneself is always uncertain.
"I think we’ll continue to see bills, after people are victimized by repeat violent offenders, that attempt to amend existing laws, like the licensing of stun guns through the state police. Other bills will attempt to make mechanical devices like stun guns illegal, as they are in New York City," explains Matthew Cunha, founding partner of O’Connell & Cunha, a Worcester-based law firm.
Cunha’s take is indicative of the conversation surrounding this topic of legislation: Massachusetts has a clear division between the state’s regulation of electrical weapons and how the Commonwealth construes the use of stun guns. Functionally, the inclusion of tasers and stun guns into M.G.L. c.236, s.142 ends there. The comprehensive understanding of the law, however, does not. In fact , there appears to be a particularly narrow definition of what constitutes the use of a stun gun.
"The use of a stun gun doesn’t actually have anything to do with the direct application of current to an individual for the purpose of stopping a crime. This is a sort of sliding scale, and how the stun gun is used is, ultimately, up for interpretation. A person who uses a stun gun to stop a robbery, a person who uses it to attempt rape or assault, and a person who uses the weapon as a tool to facilitate those crimes is a matter for a judge and jury," says Cunha.
Most people believe that legislation is in place somewhere in the near future, but the question is where it will be. It seems Huntington believes that a state level change won’t come, however. "I do not know of any upcoming legislative initiatives regarding stun guns in the Commonwealth. I hope we will see broader recognition of the right to self-defense, which would have to include recognition of the right to effectively defend oneself using a firearm. I’ve heard very few gun-control proponents arguing against stun guns; it’s just not on many radars, especially since the law is so gray as it stands," he says.
As of now, the future of stun guns in Massachusetts is an uncertain one and an ongoing conversation.
