Electric Weapons, Defensive Sprays and High Capacity Laws

January 8, 2016

New Castle County, DE

Sec. 22.03.009. – Stun Guns and Taser Guns.

A. It shall be unlawful for any person to manufacture, make, deliver, transport, trade, give, sell, purchase or possess a stun gun or taser gun.

B. The term “stun gun,” as used in this Section, means any battery-powered, pulsed electrical device of high voltage and low or no amperage which, when pressed against a person, can disrupt the central nervous system and cause temporary loss of voluntary muscle control of such person.

C. The term “taser gun,” as used in this Section, means any device contained in a package which permits it to be hand held, containing an electrical supply unit, and into which an expendable plastic cassette may be inserted and which operates by shooting or projecting a ball, net or dart carrying fine wires from the package to the target and which, upon hitting a person, can send out current capable of disrupting the person’s nervous system in such a manner as to render the person incapable of functioning normally.

D. Exempt from this Section shall be any law enforcement officer while performing his or her lawful duties within this County and those selling to any law enforcement officer while performing his or her lawful duties within this County.

E. A conviction of violation of this Section shall be punishable as provided in Section 1.01.009 of this Code. (Ord. No. 98-050, § 1(22-69), 5-26-1998)

Wilmington, DE

Sec. 36-161. – Stun Guns, etc.

(a) It shall be unlawful for any person to manufacture, make, deliver, transport, trade, give, sell, or possess a converted tear gas gun, stun gun or taser gun.
(b) The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: www.handgunlaw.us 9 (1) Converted tear gas gun means a tear gas gun which has been altered to fire a projectile with sufficient force to cause death or physical injury.
(2) Stun gun means any battery-powered, pulsed electrical device of high voltage and low or no amperage which, when pressed against a person, can disrupt the central nervous system and cause temporary loss of voluntary muscle control of such person.
(3) Taser gun means any device contained in a package which permits it to be handheld, containing an electrical supply unit, and into which an expendable plastic cassette may be inserted and which operates by shooting or projecting a ball, net, or dart carrying fine wires from the package to the target and which, upon hitting a person can send out current capable of disrupting the person’s nervous system in such a manner as to render the person incapable of functioning normally.
(c) Any law enforcement officer while performing his lawful duties within the city shall be exempted from the effect of this section. For purposes of this section, the term “law enforcement officer” shall include police officers, the attorney general, the attorney general’s deputies and investigators, the sheriff, and the sheriff’s deputies, prison guards, constables and bailiffs.
(d) A conviction of violation of this section shall be punishable by a fine of not less than $500.00 and not more than $2,500.00 or by both such fine and imprisonment not exceeding six months. The minimum sentence of $500.00 fine shall not be subject to suspension or reduction for any reason.

Newark, Delaware

Sec. 31-5. – Stun Guns and Taser Guns.

(a) It shall be unlawful for any person within the limits of the city to possess, wear, carry or knowingly transport a stun gun or taser gun.
(b) The term “stun gun,” as used in this section, means any battery-powered, pulsed electrical device of high voltage and low or no amperage which, when pressed against a person, can disrupt the central nervous system and cause temporary loss of voluntary muscle control of such person.
(c) The term “taser gun,” as used in this section, means any device contained in a package which permits it to be hand held, containing an electrical supply unit, and into which an expendable plastic cassette may be inserted and which operates by shooting or projecting a ball, net or dart carrying fine wires from the package to the target and which, upon hitting a person, can send out current capable of disrupting the person’s nervous system in such a manner as to render the person incapable of functioning normally.
(d) This section shall not apply to any law enforcement officer while performing his or her lawful duties within the city.
(e) This section shall not apply to any person who possesses, wears, carries or transports a stun gun or taser gun on real estate that the person owns or leases or where the person resides or within the confines of a business establishment that the person owns or leases.