Quick Guide to Texas Stun Gun Regulations
Texas stun gun laws are similar to those of other states in the United States in that they impose few restrictions on the purchase, possession, and carry of electroshock weapons. Texas is an open carry state, meaning that individuals can carry less-lethal weapons like stun guns and Tasers for self-defense purposes without a permit. The only exception to this rule is for those with previous criminal convictions for violent crimes or a pattern of criminal offenses. In these cases, a concealed carry permit that does not specifically mention "less lethal weapons" would not allow someone in these circumstances to openly carry a stun weapon in Texas . The only cases in which stun weapons are illegal in Texas is if they are used to threaten, intimidate, or purposely inflict injury. In the case of an accidental injury caused by a stun device, a prosecutor may choose to exercise discretion and not pursue criminal charges. Stun guns, Tasers, and other electroshock weapons are legal to own in any city, but some municipalities like San Antonio have elected to limit the use of stun guns in bars and other locations where they might be misused. Stun guns are not regulated under the federal National Firearms Act (NFA), meaning they are legal to own in all 50 states without restrictions or permits, except where prohibited by state law.
Stun Gun Ownership: Legal Guidelines
Texas stun gun laws do not impose any permits or licenses to purchase or own either stun guns or "electronic incapacitating devices" under Texas Penal Code § 46.01(3)(a). Stun guns also do not require registration or tracking. However, you must be 16 years or older to purchase a stun gun. See Texas Penal Code § 46.15(b)(2).
An individual who does not report their conviction or placement on community supervision for an offense involving family violence as required by Texas Penal Code § 71.08 is not allowed to possess, travel with, or be within a distance of a stun gun or anything else that is prohibited under Texas Penal Code § 46.15. For more information about prohibited weapons and family violence as it relates to stun guns, see Texas Penal Code § 46.15 and our article on Stun Gun Prohibited Locations in Texas.
While the state has no age restrictions for minors to own or carry stun guns, school districts are allowed to adopt their own rules and regulations concerning weapons on school grounds and/or school-sponsored activities. Prohibited conduct may result in the expulsion of the student or a criminal penalty under school district standards other than that prescribed by the penal code. See Texas Penal Code § 46.03(a)(1-3) and (b). A school district may also submit a written request to the public school funding conditional grant program to discipline a student for engaging in conduct punishable as a misdemeanor or a state jail felony if the conduct involved carries the likelihood of bodily injury. See Texas Penal Code § 37.007(a) and Texas Penal Code § 97.403(g). A school district can also report acts of vandalism as necessary for the protection of public property. See Texas Penal Code § 37.084. More information about weapons on school grounds and school-sponsored activities can be found under Texas Penal Code §§ 37.125 and 37.128. Additional regulations and penalties for the unlawful carrying of stun guns may be imposed by cities and municipalities under local laws.
Locations Where Stun Guns Are Not Allowed
Texas law prohibits the carrying of stun guns in certain locations. This is done to keep schools and government buildings safe and to protect those who may not have agreed to allow the use of such weapons.
Generally, stun guns are prohibited in areas deemed to pose a higher risk to the public. In addition to school buildings, there are several other types of premises that are restricted under the law.
It is prohibited to openly carry or conceal a stun gun:
-. On the physical premises of a government court or government office.
-. In a penal institution.
-. For members of the public in any passenger carrier or ride-sharing service.
-. In an amusement park.
-. In a hospital.
-. In a nursing home.
-. In a place of worship.
-. In on another individual’s private property without their consent.
-. In a room where a judicial proceeding is being conducted.
Openly carrying a stun gun in these places is a Class C misdemeanor. People found guilty of this crime can face up to 180 days in jail, a fine of up to $500 or both.
Penalties for Breaching Stun Gun Laws
Violating stun gun laws in Texas can be costly, both financially and legally. If you are caught carrying or using a stun gun outside of Texas law, you could face up to 180 days in jail and a fine of up to $10,000. In some cases, it is considered a felony.
In most circumstances, you may pay a fine and avoid jail time. Note however that the maximum penalty for a class A misdemeanor is up to a year in jail and/or a $4,000 fine. Punishment starts at the low end of these guides. Cases that are truly serious will involve a normal trial without plea deals, but everything else can be negotiated.
Intentional possession of an illegal stun gun is a class A misdemeanor. The person possesses the stun gun intentionally, knowingly, or recklessly.
The Texas law does not specifically define the term "recklessly." In Massachusetts, for example, the law states that a person must be conscious of and disregard a substantial and unjustifiable risk that the person’s conduct will cause the hurtful act. This is a higher standard than this offense requires.
This means you are guilty of a stun gun offense if you have an illegal stun gun and carelessly keep it around where it can cause harm. You can be charged regardless of intent.
A prosecutor may argue that you did not take care of your stun gun equipment. Perhaps it broke and you failed to dispose of the variable voltage stun gun. Or maybe your stun gun was stolen without your knowledge.
If you have any chance of winning your case, you need to get help from a dedicated criminal defense lawyer. The burden of proof is on the prosecutor. He or she must prove every element of your alleged crime beyond a reasonable doubt. Your lawyer’s job is to cast reasonable doubt on the elements of your case to keep you out of jail.
Using Stun Guns: Safe and Legal Best Practices
To ensure that you use your stun gun safely and legally in Texas, here are some guidelines to follow:
Know the law. Check to see if a stun gun is illegal in your state or area.
Choose the right model. There are many different brands and models of stun guns on the market today. But remember, the more powerful the voltage , the shorter the battery life. Make sure to choose the stun gun that best suits your needs.
Be aware of your surroundings. Situational awareness can go a long way toward preventing an attack that would require you to use your stun gun. Always be aware of who is around you and don’t use your phone or be distracted by anything that would prevent you from noticing when you are being approached.
Keep it charged. Since most stun guns run on batteries, it’s important to either keep your weapon charged or to have spare batteries in case one dies.
Purchase from a licensed dealer. Buying from a company that sells licensed self-defense weapons can ensure that you are getting a device that is legal to own in your state.
Recent Developments in Texas Stun Gun Laws
In 2018, a U.S. District Court for the Northern District of Texas struck down the Texas law that prohibited the possession, manufacture, transport, repair, or sell of a stun gun or any other electronic incapacitation device. The case, based on the Second Amendment, held that the blanket ban on stun guns violated the right to bear arms as set forth in the Constitution. This decision was based on the fact that there exists no law that stops the possession or use of other non-deadly methods of self-defense, such as whistles, mace, and other means. However, the law stipulated that it is illegal to carry stun guns both openly and concealed in Texas. The law was not automatically overridden after the decision, but rather prevented all enforcement for twelve months while the Texas government chose to issue a new law.
Governor Greg Abbott signed a bill that would allow people over the age of 18 years to purchase a stun gun or a Taser from a licensed dealer. The bill would also eliminate the requirement that concealed carry permit holders must provide written notice before carrying a stun gun or a Taser in public. As long as amends to the ruling are passed and signed by the governor, Texas residents may be able to purchase a stun gun as part of their self-defense regime.
Stun Guns vs Other Self-Defense Weapons
While stun guns can offer immediate defensive solutions, they are just one of many tools that may be available for those seeking to defend themselves. Other popular self-defense tools include personal tasers, pepper sprays, knives, and firearms. Here’s a quick comparison of how stun guns stack up against these other tools in several important categories.
Legality: In Texas, it’s generally permissible to own a stun gun, which helps explain why a growing number of people carry these devices for personal protection. Knives, pepper sprays, and most firearms are also legal tools to carry in the Lone Star State under certain conditions. Meanwhile, for a variety of reasons, personal tasers and most types of swords — including samurai swords and shurikens — are illegal in Texas.
Effectiveness: Stun guns have the capacity to deliver an extremely painful and disorienting electric shock that can briefly incapacitate an attacker. Similar effects can be produced using a personal taser or a firearm. However , stun guns like the iStun® 950M, which can generate a voltage of up to 950,000 volts, can do so without causing permanent or irreversible injury. Furthermore, a stun gun does not require a license or permit to buy or carry, as is the case with a firearm. Pepper spray is another effective tool that can offer a cloud of protection when wind is blowing and there may even be a surprising benefit to carrying a knife for self-defense purposes.
Ease of Use: Even though it is rather simple to use a stun gun — just press and hold a button and aim for the assailant’s torso or the back of their neck — you may have trouble deploying it if you have never practiced before or are under significant stress. Some people prefer to carry a knife because they might have a better chance of using it effectively (as long as they are willing to carry it in a way that gives them the best chance of deploying it in a pinch). All of these tools are relatively easy to use, but many find firearms to be the most intuitive of all.