The Law on Stun Guns in Ohio at a Glance
Stun guns are currently legal to own and use in Ohio, however there are a number of regulations that must be followed. While the laws surrounding stun guns may be very complicated, they have not changed much throughout the years. In 1990, the Ohio Legislature removed stun guns and Tasers from the list of prohibited deadly weapons. Over the years a number of restrictions regarding where stun guns and Tasers can be used and carried around have been added .
For example, it is illegal to possess or discharge a stun gun or Taser in a school safety zone, at a school activity if at any schools unless you are a peace officer or a private investigator. In addition, it is also illegal to possess, carry, or conceal a stun gun or Taser in government facilities, airplanes, police or correctional facilities. The punishment for the illegal possession or discharge of a stun gun or Taser ranges anywhere from a misdemeanor to a fourth-degree felony depending on the circumstances.
Legally Carrying a Stun Gun in Ohio: Who Can Do So?
Of all the states in the country, legislators from far and wide have gone on record stating that they find no reason for civilians to carry such dangerous weapons as stun guns, tasers, and electric shocking devices. In 2015, when there was discussion of passing a bill that would allow stun guns to be added to the list of weapons that were perfectly legal to carry in Ohio, a member of the house of representatives stated, "These things zap you. They make your heart stop." Still, despite these objections, myriad laws have been passed that give civilians the right to carry stun guns on their persons.
Given that these laws have passed, it’s important to understand what rights you have when it comes to carrying a stun gun. First and foremost, you must be 21 to legally carry a stun gun. Unless you are in the military, at which point you are given exception to this rule, and a member of the law enforcement community in a position of duty, you must also be able to prove that you do not have a criminal record, essentially rendering you incapable of temporary insanity or violence in one way or another. Essentially, anyone deemed violent, even if it was years ago and they have a clean record since, is not eligible to carry a stun gun. You must prove that you have no criminal record, even if this record is more than three years old. If you’re unable to prove that you measure up, you may not legally carry a stun gun in the state of Ohio.
Using a Stun Gun in a Legal Manner
It is legal for residents of Ohio to use stun guns on a person in order to end a physical confrontation. Ohio statutory law explains that "in self-defense: Ohio law requires you to reasonably believe that the force you are using is in order to protect yourself and that there exists a reasonable ground in which you can believe this, and you can use an electric weapon (such as a stun gun) in order to defend yourself if the weapon is immediately here in your catalogue of self-defense weapons." If a person is using a stun gun in a combat situation, the stun gun should only be used on a person who is actively assaulting the person using the stun gun (such as punching them or leveling a kick at them). It needs to be pointed out that using any form of electric weapon against another person with the intention to cause serious harm on the person is illegal and will be treated under Ohio state law as felonious. As such, in order to legally utilize a stun gun on another person, the person utilizing the stun gun has to have a reasonable belief that the stun gun will be used to prevent harm. Also, the person protecting themself has to no other choice but to use the stun gun in order to get out of a dangerous situation, such as getting attacked by another person.
Possession and Use Penalties
Ohio law includes harsh penalties for the illegal possession or use of stun guns. The penalty for illegal possession is either a first degree misdemeanor or a fourth degree felony. It all depends on whether the stun gun fits the legal definition of an "electric weapon or armor piercing weapon".
A first degree misdemeanor prompt a minimum 6-month jail sentence as well as up to a $1000 fine. In order to be charged with a fourth degree felony, the stun gun must meet one of two criteria: it must be a "weapon from which a shot, projectile, explosive, incendiary, or other noxious or poisonous liquid, gas, or substance may be discharged" or it must contain a blade that exceeds three inches in length and is capable of being concealed on a person.
If you are charged with either of these offenses, you will also be responsible for court and attorney fees as well as any damages caused.
Stun Guns versus Other Self-Defense Weapons
Pepper spray and stun guns are often confused with one another, but there is actually a lot of difference in how they work and what laws govern their use. For example, pepper spray simply incapacitates its target. It causes temporary, involuntary reactions such as shortness of breath, uncontrollable coughing, and watering eyes. Since it doesn’t penetrate the skin, pepper spray will wash off or use the skin’s natural oil to disperse the irritant and eventually wear off. Pepper spray doesn’t have any long-term effects, but it can help you get away from an attacker.
Stun guns work a little differently. They deliver a jolt of electricity that inhibits the neurological and muscular systems. The electricity travels through the skin also causing pain in the process. Stun guns are designed to disrupt communication to the brain temporarily so that an attacker loses the will to fight back. In essence , it disrupts communication paths between the brain and the extremities so that they can’t follow commands and will collapse. There are no long-term effects from being stunned with a stun gun. Stun guns work best when you are close to the attacker, whereas pepper spray is more effective from a distance.
Ohio permits the use of either stun guns or pepper spray for self-defense, but not Tasers. A Taser shoots projectiles with metal barbs at the attacker. At the other end of the barbs, there is a device that shoots electric current toward the target. While Tasers are similar to stun guns in that they try to incapacitate the attacker, they don’t cause pain. Tasers are considered a deadly weapon in Ohio, but not stun guns or pepper spray.
All three devices are legal to possess and carry in Ohio without a permit. However, some local governments may ban the use of Tasers or ban stun gun possession for felons.
Purchasing a Stun Gun in Ohio
A purchaser can buy a stun gun from any non-prohibited business following the completion of a background check. If retail shops, wholesale stores, or online (internet) stores are managed and ran by people without felony convictions, then anyone can legally purchase a stun gun from that business. Gun shops aren’t allowed to sell pepper sprays, knives, knives, or other self-defense tools.
You may be required to submit some personal information for a background check performed by the business selling you the stun gun to make sure no existing law prohibits the purchase. The person in charge of the shop or business has to verify with local law enforcement to check if any laws exists that prohibits you from purchasing a stun gun in the state, county, city or town.
There are instances where you may not need to undergo a background check in purchasing a stun gun, such as in towns where local law does not require background checks. There are also occasions where state laws may not require a check either because the laws were lapsed or non-existent.
If you are purchasing a stun gun for someone else, you still have to get the permission of the person you’re buying it for, since he/she must also pass a background check. There are separate laws governing the sale of stun guns to minors, so you should check your state and local laws.
Traveling with Stun Guns by Car
While there are not many restrictions on the use of stun guns in Ohio, things can change significantly when considering interstate travel. If you live in Ohio and are planning a trip across state lines, or if you are a non-resident who’s moved to Ohio for work or school and have a stun gun, there are critical things that you must know before you travel.
As with most states, many states and municipalities have their own laws when it comes to the sale, possession, or carry of stun guns and some things may be legal here in Ohio that are considered a felony in other states. Illinois, for example, has no criminal restrictions in general for stun guns , but the City of Chicago does. In Chicago, stun guns are illegal for everyone. In heading north to Michigan, possession of electric shock weapons is only legal – with restrictions – by retired police and military officers. But, as you head south to Florida, almost anyone who meets the minimum age requirement of 18 can have possession.
Massachusetts, Michigan, New York, New Jersey, and Hawaii have restrictions on the sales of stun guns. Before you make any decisions on traveling or living with a stun gun, make sure to check all the details and laws in the state you’re heading to, whether it’s for vacation or in making your new home.
