Author Topic: tasers - legal to carry?  (Read 11019 times)

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Offline kryptonian

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tasers - legal to carry?
« on: November 13, 2010, 11:35:29 AM »
anybody know the legality of carrying tasers? few people said it is illegal to carry which i found hard to believe. of course no MCL to back up their statements. seems to me LEO would be more inclined to allow these than firearms. found some for sale to civilians. not even THINKING of changing from sig 228 for these of course but just exploring options and the ideas behind it.

affordable ($300) model - http://www.personalarms.com/taser/taser_c2.htm

police style with holsters, refills, and laser aimed ($890)- http://www.personalarms.com/tasers.htm
i don't fear the barking dog...i'm scared of the quiet dog

Offline northofnowhere

  • Posts: 281
Re: tasers - legal to carry?
« Reply #1 on: November 13, 2010, 01:09:21 PM »
it is currently illegal to carry tasers in Hawaii, Massachusetts, Michigan, New Jersey, New York, Rhode Island and Wisconsin. They are also illegal in the District of Columbia.


 The Michigan Penal Code Act 328 of 1931. Chapter 750.224a Portable device or weapon directing electrical current, impulse, wave, or beam; sale or possession prohibited; testing. (1) A person shall not sell, offer for sale, or possess in this state a portable device or weapon from which an electric current, impulse, wave or beam is designed to incapacitate temporarily, injure, or kill. (3) A person who violates this section is guilty of a felony. SUMMARY: Possession and sales of Stun Devices are banned in Michigan. Includes stun guns, TASERS,stun batons and the cell phone stun gun. Alternative non-lethal self defense products include personal alarms which can also be used for home protection.
Jason E. Reese aka northofnowher

Offline kryptonian

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Re: tasers - legal to carry?
« Reply #2 on: November 13, 2010, 11:53:35 PM »
it is currently illegal to carry tasers in Hawaii, Massachusetts, Michigan, New Jersey, New York, Rhode Island and Wisconsin. They are also illegal in the District of Columbia.


 The Michigan Penal Code Act 328 of 1931. Chapter 750.224a Portable device or weapon directing electrical current, impulse, wave, or beam; sale or possession prohibited; testing. (1) A person shall not sell, offer for sale, or possess in this state a portable device or weapon from which an electric current, impulse, wave or beam is designed to incapacitate temporarily, injure, or kill. (3) A person who violates this section is guilty of a felony. SUMMARY: Possession and sales of Stun Devices are banned in Michigan. Includes stun guns, TASERS,stun batons and the cell phone stun gun. Alternative non-lethal self defense products include personal alarms which can also be used for home protection.

thanks northofnowhere - seems odd that lethal weaponry allowed but not non-lethal weapon. wonder the reasoning for that.
i don't fear the barking dog...i'm scared of the quiet dog

Offline Bronson

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Re: tasers - legal to carry?
« Reply #3 on: November 14, 2010, 01:56:59 AM »
wonder the reasoning for that.

My CPL instructor was a LEO and explained it something like this:

Guns are here and they are here to stay so there's no point in trying to keep people from having them.  As of now tasers and stun guns aren't legal in MI and officers run into very few of them "on the street."  The worry is that if tasers become readily available then the criminal who may not be willing to shoot somebody would probably be willing to taze their victim since there usually isn't any long lasting damage.

Bronson
Those who expect to reap the benefits of freedom, must, like men, undergo the fatigue of supporting it. – Thomas Paine

Offline kryptonian

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Re: tasers - legal to carry?
« Reply #4 on: November 14, 2010, 10:00:14 AM »
that makes sense but they are now available to buy. when they are discharged the cartridges disperse little circular pieces of identifiable tags coded to the cartridge so it is trackable if used illegally. i guess robbery or sexual assualt would be easier and would show the BG didn't want to use deadly methods. if you are OC or CC and confronted by someone with a taser i wonder if the deadly threat would still be there to shoot. the BG could just taser you and take your weapon if you let him hit you with taser trying to figure out if you can shoot or not.
i only have a 33" waist and don't have room on my belt for both so i'll stick with my 9mm and let state law debate the taser.
i don't fear the barking dog...i'm scared of the quiet dog

Offline northofnowhere

  • Posts: 281
Re: tasers - legal to carry?
« Reply #5 on: November 14, 2010, 10:13:30 AM »
     I can not conceive how the threat of deadly force would not apply if a bad guy was threatening you with a taser.  A kidnapper or rapist could use one to subdue their victim is my first thought.  my second thought on the subject is why would any LEO or lawmaker restrict law abiding citizens from owning something they are afraid a criminal could utilize.  Criminals don't follow the law in the first place.
Jason E. Reese aka northofnowher

Offline emt805

  • Posts: 229
Re: tasers - legal to carry?
« Reply #6 on: November 14, 2010, 11:27:49 AM »
Yet they allow probation officers and aircraft pilots/crew to carry them?  It gives shoot to stop (taser) vs shoot to kill (firearm) a new meaning.




(2) This section does not prohibit any of the following:

(a) The possession and reasonable use of a device that uses electro-muscular disruption technology by any of the following individuals, if the individual has been trained in the use, effects, and risks of the device, and is using the device while performing his or her official duties:

(i) A peace officer.

(ii) An employee of the department of corrections who is authorized in writing by the director of the department of corrections to possess and use the device.

(iii) A local corrections officer authorized in writing by the county sheriff to possess and use the device.

(iv) An individual employed by a local unit of government that utilizes a jail or lockup facility who has custody of persons detained or incarcerated in the jail or lockup facility and who is authorized in writing by the chief of police, director of public safety, or sheriff to possess and use the device.

(v) A probation officer.

(vi) A court officer.

(vii) A bail agent authorized under section 167b.

(viii) A licensed private investigator.

(ix) An aircraft pilot or aircraft crew member.

(x) An individual employed as a private security police officer. As used in this subparagraph, "private security police" means that term as defined in section 2 of the private security business and security alarm act, 1968 PA 330, MCL 338.1052.

(b) Possession solely for the purpose of delivering a device described in subsection (1) to any governmental agency or to a laboratory for testing, with the prior written approval of the governmental agency or law enforcement agency and under conditions determined to be appropriate by that agency.

(3) A manufacturer, authorized importer, or authorized dealer may demonstrate, offer for sale, hold for sale, sell, give, lend, or deliver a device that uses electro-muscular disruption technology to a person authorized to possess a device that uses electro-muscular disruption technology and may possess a device that uses electro-muscular disruption technology for any of those purposes.

Offline Bronson

  • Posts: 554
Re: tasers - legal to carry?
« Reply #7 on: November 14, 2010, 12:04:06 PM »
that makes sense but they are now available to buy. when they are discharged the cartridges disperse little circular pieces of identifiable tags coded to the cartridge so it is trackable if used illegally.

Only the ones that shoot a dart/wire.  How would you track the hand held units that have to be touched to the person?

Bronson
Those who expect to reap the benefits of freedom, must, like men, undergo the fatigue of supporting it. – Thomas Paine

Offline lil_freak_66

  • Militia Marauder
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Re: tasers - legal to carry?
« Reply #8 on: November 15, 2010, 03:19:02 PM »
So judging by what EMT posted,one can posses a taser in the state so long as they have a pilots license?
My opinions are my own and do not necessarily reflect those of  Michigan Open Carry Inc, any other organization, group, person or the law of this or any other municipality,state or country unless otherwise stated.

Offline emt805

  • Posts: 229
Re: tasers - legal to carry?
« Reply #9 on: November 15, 2010, 03:49:49 PM »
It says you must be "on duty"

(2) This section does not prohibit any of the following:

(a) The possession and reasonable use of a device that uses electro-muscular disruption technology by any of the following individuals, if the individual has been trained in the use, effects, and risks of the device, and is using the device while performing his or her official duties:

(i) A peace officer.

(ii) An employee of the department of corrections who is authorized in writing by the director of the department of corrections to possess and use the device.

(iii) A local corrections officer authorized in writing by the county sheriff to possess and use the device.

(iv) An individual employed by a local unit of government that utilizes a jail or lockup facility who has custody of persons detained or incarcerated in the jail or lockup facility and who is authorized in writing by the chief of police, director of public safety, or sheriff to possess and use the device.

(v) A probation officer.

(vi) A court officer.

(vii) A bail agent authorized under section 167b.

(viii) A licensed private investigator.

(ix) An aircraft pilot or aircraft crew member.

(x) An individual employed as a private security police officer. As used in this subparagraph, "private security police" means that term as defined in section 2 of the private security business and security alarm act, 1968 PA 330, MCL 338.1052.

Offline lil_freak_66

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Re: tasers - legal to carry?
« Reply #10 on: November 15, 2010, 08:41:23 PM »
well say somebody is just a regular citizen with a sport pilots license,how is it determined whether or not that person is on duty,if there even is a "duty" at all?

or is it only for those whom pilot commercial and charter?
« Last Edit: November 15, 2010, 11:01:25 PM by lil_freak_66 »
My opinions are my own and do not necessarily reflect those of  Michigan Open Carry Inc, any other organization, group, person or the law of this or any other municipality,state or country unless otherwise stated.