Taser laws in California let most adults buy, carry, and use a stun gun for self-defense with no permit, no registration, and no background check. The limits are on who can own one, where you can bring it, and how you use it. Get any of those three wrong and the charge can run from a misdemeanor to a multi-year felony.
California’s statutes use the term “stun gun,” and under Penal Code 244.5 that covers both direct-contact devices and projectile-firing Taser-brand weapons.1California Legislative Information. California Penal Code 244.5 For legal purposes the two words mean the same thing.
Who Can Legally Own One
The default under Penal Code 22610 is permissive. Any adult may purchase, possess, or use a stun gun, and no permit or background check applies.2California Legislative Information. California Penal Code 22610 That puts tasers in a completely different category from firearms.
Several groups are barred, however:
- Anyone convicted of a felony under federal, California, or any other jurisdiction’s law.
- Anyone convicted of any crime involving an assault, including a misdemeanor assault.
- Anyone convicted of assault with a stun gun under Penal Code 244.5.
- Anyone addicted to a narcotic drug.
- Minors under 16, with no exceptions.
- Minors aged 16 or 17, unless they have written consent from a parent or legal guardian.
The misdemeanor-assault bar is the one that catches people out. A bar fight that ended with a misdemeanor assault plea years ago makes taser possession illegal today, even though a retail store will sell you one with no questions asked.2California Legislative Information. California Penal Code 22610 Because there’s no check at the counter, enforcement depends on the buyer knowing their own status. A prohibited person who possesses a stun gun faces California’s standard misdemeanor penalties under Penal Code 19: up to six months in county jail, a fine of up to $1,000, or both.3California Legislative Information. California Penal Code 19
Selling or furnishing a stun gun to an unqualified minor is a $50 fine on the first offense and a misdemeanor on any later offense.2California Legislative Information. California Penal Code 22610
Where You Can’t Carry One
Owning a taser legally does not mean you can bring it everywhere. Three location rules trip up owners who assume taser rules track firearm rules.
Government Buildings
Penal Code 171b makes it illegal to bring a taser into any state or local public building, including courthouses, city halls, and DMV offices. The penalty is up to one year in county jail or a term in state prison.4California Legislative Information. California Penal Code 171b
Schools and College Campuses
Penal Code 626.10 bars tasers from any public or private Kâ12 school grounds and any college or university campus. On-duty peace officers are exempt; civilians are not. A violation can draw up to a year in county jail or state prison.
National Parks
Federal regulations add a layer that catches many Californians. Under 36 CFR 2.4, weapons are generally prohibited in National Park System units. There’s a carve-out that lets firearm owners carry if they follow state law, but that exception applies only to firearms. Stun guns don’t qualify, so they remain banned on National Park land even though California allows you to own one.5eCFR. 36 CFR 2.4 – Weapons, Traps and Nets
Using a Taser in Self-Defense
California’s self-defense framework applies to tasers the same way it applies to any other weapon. You can use one to defend yourself or someone else when you reasonably believe you face an imminent threat of physical harm. A vague worry about future danger doesn’t justify deployment, and neither does retaliation after a threat has passed.6FindLaw. California Self Defense Laws
California imposes no duty to retreat. If someone attacks you on the street, you don’t have to try running first. The force you use, though, has to be proportional to the threat. Pulling a taser on someone who shoved you during a verbal argument reads very differently to a jury than using one on an attacker who cornered you. Reasonable belief in imminent danger and proportional force are the two pillars of any self-defense claim.
When Use Becomes Assault With a Stun Gun
If a prosecutor concludes your use wasn’t reasonable self-defense, the charge is assault with a stun gun under Penal Code 244.5. This is where penalties get serious.
Against a civilian, the offense is a wobbler. Charged as a misdemeanor, it carries up to one year in county jail. Charged as a felony, the sentence is 16 months, two years, or three years in state prison.1California Legislative Information. California Penal Code 244.5
Against a peace officer or firefighter performing their duties, the stakes rise. If you knew or reasonably should have known the person was on duty, the felony range becomes two, three, or four years in state prison. The offense remains a wobbler on paper, but prosecutors almost always push for the felony. A 244.5 conviction also doesn’t preclude a separate charge under Penal Code 245 for assault with a deadly weapon when the facts support it; the two statutes can stack.1California Legislative Information. California Penal Code 244.5
A conviction under 244.5 also lands you on the prohibited-persons list in Penal Code 22610 for life. So does any other felony conviction, and so does any assault conviction, misdemeanor included.
A Note for Security Workers
Civilian rules and security-industry rules aren’t the same. The California Bureau of Security and Investigative Services allows guards with an active Private Patrol Operator or security guard license to carry a taser on duty. Proprietary private security officers â employees of a business rather than of a licensed security company â cannot carry a stun gun, baton, chemical agent, or other electronic control device while working.7California Bureau of Security and Investigative Services. Clarification Regarding Tear Gas and Other Deadly Weapons If you do in-house security, don’t assume you have the same authority as a contracted guard.