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Tasers and stun guns occupy a confusing legal space in New Jersey. While they are no longer outright banned, possession and use still come with serious legal risks that many residents do not fully understand.
The short answer is that Tasers and stun guns are generally legal to possess in New Jersey for personal use. The longer answer is that how, why, and when you possess or use one can still lead to criminal charges.
How Tasers became legal in New Jersey
Prior to 2017, New Jersey had a complete ban on civilian ownership and possession of stun guns and Tasers. In 2017, a federal court ruled the ban unconstitutional. Therefore, NJ passed legislation allowing civilians to own and possess stun guns and Tasers for certain purposes.
However, the State has yet to update its statutes to provide clear definitions of how these devices will be treated under NJ’s Self-Defense Laws. This lack of clarity is at the center of today’s confusion.
Possession is not the same as carrying
Prior to 2017, NJ had a complete ban on civilian ownership and possession of stun guns and Tasers. In 2017, a federal court ruled the ban unconstitutional. Therefore, NJ passed legislation allowing civilians to own and possess stun guns and Tasers for certain purposes.
However, the State has yet to update its statutes to provide clear definitions of how these devices will be treated under NJ’s Self-Defense Laws. This lack of clarity is at the center of today’s confusion.
Owning vs. Carrying
It is perfectly legal for adults to own a Taser or stun gun for lawful purposes in NJ. Problems occur, however, when the possession of a Taser or stun gun crosses over into what a police officer may perceive as “weapon carry.” Under NJ law, the right to carry weapons for preemption (i.e., protection) is not recognized. Carrying a Taser as a weapon, particularly in public, can subject a person to criminal charges despite the fact that the device is legal to own.
Practically speaking, owning a taser for defensive purposes in your home is treated much differently than carrying one for defense on your person.
Use can trigger serious criminal charges
Using a Taser or stun gun outside of very narrow self-defense circumstances can quickly escalate into a criminal case. Unlawful use may be charged as a fourth-degree crime under New Jersey law.
A fourth-degree offense can carry penalties of up to 18 months in prison and fines of up to $10,000. Even if no one is seriously injured, deploying a Taser during an argument, confrontation, or non-imminent threat can lead to arrest.
Because New Jersey applies strict standards to self-defense claims, the burden often falls on the person who used the device to justify why force was necessary at that exact moment.
Why retailers and residents remain confused
Although the law regarding the use of Tasers and stun guns in NJ changed in 2017, many online and national retailers continue to refuse to sell Tasers and stun guns to NJ residents. Some large companies, like Amazon, block all sales of Tasers and stun guns in NJ due to concerns about enforcement and potential liability.
As a result, many residents believe that Tasers and stun guns are illegal in NJ, while others assume that because it is legal to own, it is also legal to carry and use one. Both of these assumptions could put individuals at risk.
Additionally, the law enforcement community is also uncertain as to how to enforce the new law, so the application of the law can vary depending on the officer, the location and the county.
A legal gray area with real consequences
Technically, NJ residents may own Tasers and stun guns. However, the failure to update the statutes to clarify the rules governing their use leaves residents open to serious legal risk for possession and to increased risk of criminal prosecution if the device is carried in public or used improperly.
Essentially, Tasers fall into a gray area of the law. Although the law permits ownership, the use of a Taser for self-defense is not protected, and improper use of a Taser or stun gun may result in serious felony level charges.
What residents should keep in mind
Understanding that the law permitting the ownership of a Taser or stun gun does not provide immunity from arrest or prosecution is essential for any resident considering the purchase of a Taser or stun gun. Additionally, NJ remains one of the states with the strictest self-defense laws in the nation; therefore, any consideration of a Taser or stun gun should include an understanding of those laws.