The Legality of Tasers in Massachusetts
Yes, as shocking as it sounds, Tasers do have a legitimate place here in Massachusetts. Tasers are legal to possess here in the Bay State and yes, they can be used for self-defense purposes.
Here in Massachusetts, Tasers are classified as "stun guns" under Massachusetts law. Under G.L. c.140, §123B, it is illegal to possess or carry stun guns "upon your person unless you possess a license to carry such device." However, possession and carry are defined differently under the statute. Stun guns may be carried without a license but may not be possessed outside of one’s home without a license.
In essence , if you want to possess a stun gun outside of your home, you must be licensed to carry firearms, concealed or otherwise. If you want to possess a stun gun inside your home, you do not need a permit or license. If you are not licensed to carry stun guns or firearms, you may carry a stun gun but not possess it outside of your home.
In order to possess stun guns legally, you must hold a Class A license to carry firearms. For concealed stun guns, you must hold a Class B license to carry firearms.
MA’s Taser History
Just a few years ago, the use of tasers and other EMDs was broadly legal in Massachusetts. In fact, as recently as January 2013, the Massachusetts General Court passed a law explicitly authorizing private businesses to use tasers and other EMDs for employee protection. That all changed when the Massachusetts legislature subsequently passed a law banning private taser ownership and use in October 2014.
Before this law was enacted, tasers and EMDs were sold and used regularly in private industry, and the law did not require individuals to have any kind of permit or special training required to buy or use one. Businesses, private organizations, security and facility staff, and many ordinary citizens purchased tasers without hesitation. Although these weapons are purported to be non-lethal, there is great concern that some owners are not trained on the use or proper methods to minimize the possibility of significant personal injury from use of the weapon. Several taser-related deaths and injuries were reported in the context of these incidents and subsequently, the Massachusetts Legislature passed a law which dealt directly and sternly with the widespread rise in popularity of these taser weapons. As a consequence of this legislative action, the number of lawful tasers owned in Massachusetts has plummeted, except for police and some private security agencies, i.e. businesses and facilities who have authorized, trained and licensed personnel to use tasers in their daily operations.
Who Can Have a Taser in Massachusetts?
Under Massachusetts law, tasers are classified as Electronic Control Weapons (ECW). This definition is important because Massachusetts law dictates that only certain individuals are permitted to possess ECWs. The General Court of Massachusetts has passed three relevant bills which prohibit any person who does not have a proper permit (issued by their local police department) from possessing a taser. The bills which impose this restriction are House of Representatives Bill 4311 – An Act Prohibiting the Use of Electronic Control Weapons, Senate Bill 2333 – An Act Relative to Electronic Control Weapons, and Senate Bill 989 – An Act to Prohibit the Use of Electronic Control Weapon Systems. As per Massachusetts General Law Chapter 140, Section 131J, the requirements for eligibility to own or possess a taser in Massachusetts require the individual in question to: Whether or not you need a permit to possess a taser in Massachusetts is one of the most common legal questions worth examining.
Taser Restrictions and Regulations
In Massachusetts, the use of tasers is subject to regulations that determine under what circumstances they can be used and where they can be carried. Although there are fewer laws concerning tasers now than there were when there were only a few approved models, there are still restrictions and conditions of use.
For example, some cities restrict the carry of tasers. Woburn, Massachusetts prohibits private citizens from carrying them without a license. In Cambridge, Massachusetts’ Storefront Safety Ordinance makes it a violation to carry a taser in a place of business. Other cities restrict their use too. Boston has its own personal protection ordinance, but it does not prohibit the carry of tasers.
But for the most part, Massachusetts does not have many taser restrictions. In fact, Massachusetts’ taser laws do not cover taser stun weapons that are used in schools, daycares, or other public buildings. The reason is that most of those buildings fall under security licenses covered by chapter 147. There are exceptions of course.
Chapter 90 of the General Laws applies to all casings of firearm, rifles, and shotguns. It prohibits the carry of firearms in schools and daycare facilities. Schools may also restrict the use and carry of capacity firearms under their policies.
Punishment for Possessing or Using an Illegal Taser
For those caught in illegal possession and/or used a taser illegally, they face serious penalties under Massachusetts law. Mass General Laws allow both fines and incarceration for those found guilty of violating the law as it pertains to tasers and stun guns.
Potential Fines
The potential fine for unlawful possession of a taser or stun gun in Massachusetts is $1,000. Those who use a taser or stun gun against a correctional officer or covered governmental employee could receive a $1,500 fine. Those who use a taser or stun gun against any other individual could face a $2,500 fine. Using a taser or stun gun against a person under 18 years old is met with a fine of $5,000. Fines are treble, or three times the amount, if any of the above offenses is committed when committing a felony, during a riot , or in furtherance of a criminal gang enterprise. The penalty for using a taser or stun gun for the purpose of committing murder on a police officer or correctional officer is life in state prison, with parole eligibility after 30 years. Those who use a taser or stun gun for the purpose of committing murder on any other individual are subject to life in state prison, with parole eligibility after 10 years.
Possible Jail Time
You could also face jail time if you are convicted of taser offenses. Those convicted for possessing a taser or stun gun face up to two years in jail. Those convicted for using a taser face a maximum of half that time – just one year. Using a taser or stun gun against a police officer or correctional officer is punishable by up to 15 years in state prison. Using a taser or stun gun against someone under 18 years old is punishable by up to three years in jail.
Taser Laws vs. Personal Protection Devices
Compared to other self-defense tools, there are some similarities and differences in the laws governing tasers in Massachusetts. Just as with firearms such as handguns, MA gun laws prevent assault weapons and fully automatic weapons for private citizen use. With regard to tasers, MA law disallows what has been dubbed an "electronic weapon." Given that tasers can deliver small electric shocks capable of moderately debilitating a person, including humans, their suppliers and consumers are subject to potential civil and criminal prosecution. Though Massachusetts gun laws are similar in that they limit the availability of automatic weapons such as AK-47s, tasers are not to be left in places matter of fact, simply restricted for sale and transport.
Pepper spray laws in Massachusetts are among some of the most liberal in the country, prohibited only to persons on parole or probation for felony offenses. Tasers, on the other hand, are considered "non-lethal" weapons, affixed to an extensive list of regulations governing how, where, and to whom these weapons may be sold and/or distributed. Tasers may be shipped to dealers and consumers only through manufacturers which have been certified and licensed, as well as registered with proper agencies. While pepper spray laws apply only to certain persons based on penalties for prior offenses, the selling and distribution of tasers is governed by licensing and registration requirements.
The Future of Massachusetts Taser Laws
As controversy surrounding the use of Tasers continues to make national headlines, Massachusetts is likely to face similar discussions in the near future. With a number of municipalities looking to adopt new legislation on the use of Tasers, there is significant interest in seeing some type of statewide adoption of Taser laws sooner than later. There are a number of currently pending bills that address Tasers under Massachusetts law. In 2013, Massachusetts Representative Bradley Murray introduced Bill H.23, an act relative to the use of Tasers by Massachusetts police departments. This bill specifically looked to revise sections 99 and 102B of Chapter 141, which addresses the use of mechanical weapons by police. Under this bill, Chief of Police should authorize Taser use only under specified conditions. This bill was supported by the Massachusetts Chiefs of Police Association. In 2015 , Massachusetts Representative Geof Diehl of Braintree introduced Bill H.1534, a measure that would ban the use of Tasers by police. This bill has been referred to the Joint Committee on Public Safety and Homeland Security. The Massachusetts branch of the American Civil Liberties Union (ACLU) has endorsed this bill, stating that Tasers are not effective for reducing crime, but could cause serious physical harm to the public. With a growing chorus of supporters and opponents of Taser use, Massachusetts seems poised for further debate over the issue. Just last year, the Massachusetts State Police were equipped with Tasers along with 257 new handguns. Though additional Tasers are expected to be deployed, the Massachusetts Chief of Police Association continues to support the use of Tasers.