Tasers and stun guns are legal in NJ for most adults, and you do not need a permit to buy or own one. New Jersey still restricts who can possess these devices, where you can carry them, and when you can use them, and the penalties for getting it wrong run from a fourth-degree crime up to a second-degree crime depending on what you were doing with the device.
The state banned stun guns outright for decades until a 2017 federal consent order in New Jersey Second Amendment Society v. Porrino made the prohibition unenforceable on Second Amendment grounds.1United States District Court for the District of New Jersey. Consent Order – New Jersey Second Amendment Society v. Porrino The old ban language in N.J.S.A. 2C:39-3(h) is still printed in the code but cannot be enforced against someone otherwise allowed to possess a weapon.2Justia. New Jersey Code 2C-39-3 – Prohibited Weapons and Devices
Who Cannot Own a Stun Gun in New Jersey
Most adults can own one. Two groups cannot.
Anyone under 18 is prohibited from buying or acquiring a stun gun, and sellers cannot transfer one to a minor.3Cornell Law Institute. New Jersey Administrative Code 13-54-1.3 – State of New Jersey Firearms Regulations
People in the “certain persons” category under N.J.S.A. 2C:39-7 also cannot possess any weapon, including a stun gun. That category covers prior convictions for serious offenses such as homicide, robbery, aggravated assault, kidnapping, sexual assault, carjacking, arson, burglary, extortion, racketeering, terroristic threats, and endangering the welfare of a child, along with controlled substance convictions beyond the disorderly persons level and prior convictions under the state’s weapons statutes. Anyone who has been involuntarily committed to a mental health facility is also barred unless a doctor or psychiatrist certifies that the condition no longer interferes with handling a weapon.4Justia. New Jersey Code 2C-39-7 – Certain Persons Not to Have Weapons or Ammunition
No Permit Needed to Buy
Unlike handguns, stun guns do not require a purchase permit in New Jersey. The 2017 consent order struck down the criminal ban and did not replace it with any permitting system. There is no state-level background check tied specifically to stun gun purchases, though a retailer may apply its own policy. Compared with buying a firearm in New Jersey, which involves applications, references, and background checks, buying a stun gun is straightforward.
Where You Can Carry a Stun Gun
Legal ownership does not mean you can carry one anywhere.
The Manifestly Appropriate Standard
Possessing a stun gun under circumstances not manifestly appropriate for its lawful uses is a fourth-degree crime. Stun guns fall under the “any other weapon” category in the unlawful possession statute.5Justia. New Jersey Code 2C-39-5 – Unlawful Possession of Weapons Carrying one in your bag or on your person for personal protection is generally fine. Carrying it in a situation where self-defense is not a believable reason, such as while engaged in suspicious conduct, can support a charge.
Schools, Colleges, and Universities
Weapons are banned on the grounds or inside the buildings of any educational institution without written authorization from the institution’s governing officer. Violation is a fourth-degree crime, with no self-defense exception.5Justia. New Jersey Code 2C-39-5 – Unlawful Possession of Weapons
Courthouses and Other Secured Buildings
Courthouses and government buildings are not called out by name in the stun gun statutes, but security protocols and posted policies at these locations almost always prohibit weapons. Any building with security screening should be treated as off-limits; attempting to bring a stun gun through a metal detector will get it confiscated and can result in charges under the general weapons statutes.
Private Property and Your Workplace
Property owners and employers can prohibit stun guns on their premises. State law does not override a workplace policy or a property owner’s rules, and violating an employer’s weapons policy can cost you your job even when no crime occurs. Check your handbook, or ask HR, before carrying one to work.
When You Can Use a Stun Gun
Lawful use is limited to self-defense. Under N.J.S.A. 2C:3-4, you can use force when you reasonably believe it is immediately necessary to protect yourself against unlawful force on the present occasion.6Justia. New Jersey Code 2C-3-4 – Use of Force in Self-Protection “Reasonably” and “immediately” are the words that matter. Using a stun gun to threaten someone, to win an argument, or during the commission of another crime is unlawful.
Duty to Retreat
New Jersey is not a stand-your-ground state. When deadly force is involved, you generally have to retreat if you can do so safely, with an exception for your own home as long as you were not the initial aggressor.6Justia. New Jersey Code 2C-3-4 – Use of Force in Self-Protection
Stun guns are generally treated as non-deadly force, and the retreat rule under the statute applies when deadly force is used. Using only non-deadly force to defend yourself does not trigger a retreat requirement.6Justia. New Jersey Code 2C-3-4 – Use of Force in Self-Protection Your response still has to be proportional to the threat. Deploying a stun gun against someone who shoved you in a parking lot is a much harder case than using one against someone who cornered you and threatened serious harm.
Penalties for Violations
New Jersey treats stun gun violations the same way it treats other weapon offenses, with the degree of the charge tracking the seriousness of the conduct.
Carrying a stun gun with intent to use it against someone unlawfully, such as to commit an assault or a robbery, is a third-degree crime under N.J.S.A. 2C:39-4(d).7Justia. New Jersey Code 2C-39-4 – Possession of Weapons for Unlawful Purposes
Possession by a prohibited person under N.J.S.A. 2C:39-7 is a fourth-degree crime by itself, regardless of what the person intended to do with the device.4Justia. New Jersey Code 2C-39-7 – Certain Persons Not to Have Weapons or Ammunition
Possessing a stun gun or other non-firearm weapon with intent to use it unlawfully while committing a drug trafficking offense is a second-degree crime under N.J.S.A. 2C:39-4.1. The same statute also makes it a second-degree crime to possess a non-firearm weapon under suspicious circumstances during a drug offense, even without proof of intent to use it against someone.8Justia. New Jersey Code 2C-39-4.1 – Weapons Offenses During Drug Crimes
Bringing a stun gun onto school, college, or university property without written permission from the institution is a fourth-degree crime, carrying up to 18 months in prison and a $10,000 fine.5Justia. New Jersey Code 2C-39-5 – Unlawful Possession of Weapons
Traveling With a Stun Gun
At the airport, the TSA prohibits stun guns and Tasers in carry-on bags. They can go in checked luggage if stored so they cannot discharge accidentally, such as with the battery removed or inside a protective case. The TSA officer at the checkpoint has the final call on whether any item gets through.9Transportation Security Administration. Stun Guns/Shocking Devices
Crossing into another state is a separate issue. Stun gun laws vary, and a device that is legal in New Jersey may be illegal where you are headed. Some states have restrictive laws, and several impose permit or registration requirements. Check the destination state’s law before you drive or fly there with the device; owning it legally at home does not protect you across the state line.