Are Stun Guns Allowed in Georgia?
Stun guns are legal in Georgia. The law only prohibits certain people from possessing them such as felons, judges, on-duty law enforcement personnel, and members of the National Guard. Any other person can legally own a stun gun as long as it is not used to inflict bodily injury or for an unlawful purpose. The law further states that a "stun gun" means any device intended, designed to, or capable of administering an electric shock, sound, light, or other mechanical impulse to temporarily incapacitate unprotected human beings. The term "stun gun" shall not include devices such as a knife, straight-edge blade, foldable knife with a blade exceeding 4 inches, dirk, dagger, box cutter, or any other dangerous weapon not listed herein. A stun gun can be in conjunction with a laser light or laser pointer so long as the stun gun is the primary purpose.
Technical wording allows for an exception to the general prohibition on stun guns. If a person has not been convicted in the last five years of aggravated assault , aggravated battery, or a felony involving the use of a firearm, the person can be in possession of a stun gun if it is for self-defense. The stun gun would then be classified as an alternative weapon. This designation also has limitations. It does not apply if a person possesses a stun gun after the conviction of any of the crimes listed above, after being under a protective order for family violence, if the person is an employee of a public transport system while on duty, unless the employer of the employee authorizes the individual to carry a stun gun on his/her person, or if the person is a member of the National Guard while on duty. If one possesses a defensive stun gun, he/she must carry it in a bag, purse, or similar carrying device. The stun gun must also remain in the "off" position.
Who May Legally Possess a Stun Gun in Georgia
Owning a stun gun is not as easy as running to your local hardware store and picking one up off the shelf. In America, Federal law specifically prohibits ownership of stun guns by those that have been convicted of a felony. There are no exceptions to this. Not in Georgia and certainly not anywhere else in the United States. Other individuals that are commonly excluded from owning stun guns include illegal aliens, minors (those under the age of eighteen) or any person that has a restraining order against the owner. It is important to note that some states will allow ownership by a minor, provided the minor is supervised by an adult at all times, however this rule does not apply in Georgia.
Finally, like many firearms, stun guns also carry certain restrictions that we will outline below:
It is also essential to point out that stun guns are illegal to possess If you are a convicted felon. Furthermore, a sex offender that has been convicted of certain sexual offenses in Georgia and elsewhere is considered to be a felon in the eyes of the law. A fter reading this section, it is clear that owning one of these weapons can be a little tricky. However, the overall consensus is that these weapons are legal to own in the state of Georgia. For those planning to spend time on the waters that have sense enough to be respectful of the laws, these weapons are perfect companions.
Carrying Stun Guns and Taser Pistols in Public
Stun Gun Rules in Georgia: Can Residents Carry and Use a Stun Gun in Public?
The short answer is yes, Georgia residents can carry stun guns to protect themselves from intruders or other threatening individuals. A stun gun is classified as a mechanical electroshock weapon that is powered by a battery. If you use a stun gun on someone in an act of self-defense, it will deliver an electric shock that is painful enough to dumb your attacker for a short period of time. A stun gun does not kill the person, does not penetrate the skin, and does not cause permanent damage. It is considered a self-defense weapon in the same way a handgun or knife would be. Georgia law places few restrictions on gun ownership and carry in general. The legality of carrying a stun gun follows suit. While you can carry a stun gun in public, there are rules about where you can carry one. For example, it is against the law to carry a stun gun on school grounds, where it is considered a prohibited weapon. Carrying one to a public gathering or government building is also prohibited. A stun gun is considered a concealed weapon, which means it should not be visible to others. However, even if you do happen to expose your stun gun to another individual — for example, when you retrieve it from a pocket or purse — you cannot be charged with a violation of concealed weapon possession unless you have been previously convicted of violating concealment laws. Georgia law makes it illegal for anyone to use a stun gun in a threatening, reckless, or malicious manner. If you hurt someone unintentionally while using a stun gun, you will not be charged with violating concealed weapon possession laws. However, if you use a stun gun to intimidate someone, you could be charged with assault. If you carry a stun gun illegally, you could face misdemeanor charges. However, if you are in possession of two or more stun guns, you could face felony charges. Using a stun gun in self-defense is legal in Georgia. If you are facing any sort of criminal charges for possessing or using a stun gun, speak with your attorney about the circumstances. That way, you can determine whether the chances of success are worth the time and money it will take to fight.
Buying Stun Guns and Tasers / Licenses
Before purchasing a stun gun (or taser), you should first determine whether or not the sale of yourself or the person you are purchasing for is restricted in Georgia. Specifically, below are the situations in which there are restrictions for individuals: 1) If you are under the age of 18, you will not be able to purchase a stun gun; 2) If you are a convicted felon, you will not be able to purchase a stun gun; and 3) If you have been convicted of an offense against public order or morals, you will not be able to purchase a stun gun . To elaborate, for purposes of the above restriction, you are considered a convicted felon if any of the following applies: 1) You have been convicted of one or more felonies in this state or in another state or territory of the United States equal to a felony of this state; or 2) You have been convicted in any court outside the State of Georgia of a crime that, if committed in this state, would be a felony, including but not limited to a crime involving the use of physical force or the threatened use of force as an element of the offense; or 3) You are subject to a current valid protective order issued by a court of a state or territory of the United States concerning stalking, family violence, criminal domestic violence, elderly parent abuse, or family abuse which effectively enjoins you from such abusive contact against or having any contact with the victim of the offense.
As you are probably already aware, the purchase of weapons (i.e., stun guns, tasers, etc.) is usually a formality. In other words, it is highly unlikely that you will be required to apply for a permit; unless, of course, there is a special license to carry weapons permit situation – that does not include stun guns.
How Stun Gun Laws Compare to Other Self-Defense Weapons
The laws regulating stun guns in Georgia do not differ significantly from those concerning other self-defense tools such as pepper spray or tasers. Generally speaking, these weapons, along with stun guns, are permitted for personal self-defense. However, as with all self-defense tools, it’s important to be mindful of the potential legal repercussions associated with their use.
For instance, while it’s legal to carry a stun gun in Georgia, there are restrictions on how and where it can be used. You cannot use a stun gun for intimidation purposes or to threaten others. Using a stun gun or any other self-defense tool, such as pepper spray or a taser, with malice intent could result in criminal charges and penalties that may include incarceration.
In comparison to stun guns, more common self-defense tools like pepper spray have a few more regulations surrounding their use. Additionally, there are some restrictions based on where you can carry such a tool. For example, Georgia law does not allow citizens to carry pepper spray on school property.
The use and legality of tasers in Georgia is more similar to stun guns than pepper spray. Again, both are legal to carry, with some regulations attached. However, it’s important to note that the use of any of these tools may result in an arrest if used for purposes other than self-defense.
Stun guns, like other self-defense tools, are generally viewed as a legal right in Georgia. There are no permits or licensing needed to possess them. However, it’s important to consider the potential legal ramifications that could follow the use of a stun gun or other self-defense tool, if used inappropriately.
Stun Gun Legal Advice and Resources
Legal Advice and Resources for Stun Gun Owners in Georgia
Those who have encountered problems while utilizing their stun guns have little to fall back on when the laws of Georgia are brought into question.
In the event that a stun gun owner does not have a working knowledge of the law as it relates to stun gun usage, they are encouraged to seek legal consultation with an attorney who is well versed in this realm. While the laws and regulations change at a near constant rate, it is still a good idea to have clarity on what is allowed. The stun gun owner may also find their answers by searching through the Georgia firearms code. Many of the answers to the owner’s questions can be found by looking through the laws that are outlined in Section 16-11-125 of the Official Code of Georgia Annotated .
Any Georgia resident who needs assistance with these laws and regulations would do well to stay up to date with this often times changing area. It can be difficult for the average person to keep track of all the updates to the laws that are made. The best course of action is to check the state laws every few months to ensure that no new laws have snuck up on the stun gun owner and rendered their use of this weapon illegal.
It is important that all Georgia stun gun own seek out the relevant services that are offered through a local stun gun retailer. These retailers are more than happy to lend legal advice to those who need it, especially when it comes to dealing with the laws that govern stun gun ownership.