Stun gun

From California Criminal Law Wiki
Revision as of 05:26, 17 May 2017 by Sysop (talk | contribs) (Created page with "Current models of Tasers use compressed nitrogen gas to propel darts which carry an electrical charge. Under old caselaw, People v. Heffner (1977) 70 Cal.App.3d 643, Tasers we...")
(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)
Jump to navigation Jump to search

Current models of Tasers use compressed nitrogen gas to propel darts which carry an electrical charge. Under old caselaw, People v. Heffner (1977) 70 Cal.App.3d 643, Tasers were considered to be firearms. However, the reasoning of Heffner should no longer apply. Firearms have been defined in Californian law, as a device which expels a projectile by the force of an explosion. The Taser in question in Heffner, a no-longer-used model called the TF-1, used gunpowder to propel the darts, which fits the definition of a firearm. However, current Tasers use compressed nitrogen gas specifically so they won't be considered firearms. Nonetheless, a recent case, People v. Ortiz (2012) 208 Cal.App.4th 1354 cited Heffner for the proposition that a Taser is a firearm.


Prohibited persons

Penal Code section 22610 prohibits people convicted of felonies, assault, or of Penal Code section 244.5, from possessing firearms. Violation is a $50 fine. Subsequent violations are misdemeanors.