Understanding Stun Gun Legislation in Washington State
Currently, Washington State law views stun guns (also known as tasers) as legal for citizens to possess and use. That being said, there are some specific legal caveats in the Revised Code of Washington that both residents and non-residents should be aware of.
For example, RCW §9.41.270 states that generally speaking, a person is not legally allowed to knowingly carry a stun gun or other dangerous weapon on their person or in their vehicle unless they have a valid concealed pistol license (CPL). A few local municipalities have their own laws on this subject.
In terms of use , RCW §9A.16.040 states that a person may use non-deadly force, such as a stun gun, when they reasonably believe that a threat of physical harm to themselves or others exists.
Generally speaking, Washington state laws regarding stun guns are less strict than many other states, particularly neighboring Oregon and Idaho.
Who in Washington Can Own a Stun Gun Legally?
A wide range of individuals can legally own and possess stun guns and tasers lawfully in Washington State, but only if they meet certain eligibility criteria. Under Washington State law, you can legally own and possess a stun gun unless:
In addition to the foregoing restrictions, there are also restrictions upon the locations in which stun guns are carried. RCW 9.41.270 prohibits stun guns from being carried on school grounds, courthouses, and certain other areas. If you are going to carry a stun gun for personal protection, then you should be aware of the circumstances under which it is legal and illegal to carry such a device. If you are unsure of whether a stun gun is legal to carry and possess under the specific circumstances you are in, consult with a knowledgeable Washington State gun rights attorney.
Are There Restrictions on How You Can Use a Stun Gun in Washington?
Stun guns in Washington State must be used responsibly and with caution. Failing to do so can have both criminal and civil consequences. It is unlawful to use a stun gun with criminal intent. For example, if the use of your stun gun were in any way felonious, you would no longer be able to claim defense of others or self defense lawfully. If the use of the stun gun causes great bodily harm or death, or if the user has a prior conviction for a serious violent offense (such as a sex offense), then the use constitutes a felony and is subject to existing prosecution as such.
Schools are specifically defined public areas in which it is illegal to use a stun gun. You could be charged with a misdemeanor if you are caught possessing or using a stun gun in a school; you’ll also be charged with a gross misdemeanor if you use the stun gun on someone else in the same scenario. If you have a concealed pistol license (CPL), you cannot use a stun gun in the school area even if you are otherwise legally allowed to possess weapons within the school.
How to Purchase Stun Guns: What Washington Residents Must Know
So what does it take to purchase a stun gun in Washington State? Not much, if you are a non-felon age 18 or older. You can buy a stun gun in any of Washington’s 13 counties, where retail price ranges from as low as $25 for a cheap electric shock pen to as high as $600 for a range of self-defense weapons that include flashlights, keychain devices, touching devices, and even hunting devices. Conventional retail outlets for the purchase of stun guns in Washington include gun shops, hunting stores, variety stores, convenience stores, electronics stores, and home improvement stores.
Suppose you prefer to shop from the comfort of your couch instead. No problem — you can buy your stun gun online, from the wide variety of pre-owned, refurbished or unopened devices available from online retailers such as Cabela’s, Optics Planet, and Tactical Edge. Shipping fees generally apply, but no background check is required.
Washington Law requires retailers of stun guns to be licensed with the state Department of Licensing. It also requires sellers to place a notice prohibiting their purchase or use by persons under age 18. Retailers are not permitted to sell these devices to anyone they know or suspect is a felon.
Stun Guns and Self-Defense Law
The laws surrounding self-defense and the use of stun guns in the state of Washington are clear. They are found in Title 9A RCW, where the Revised Code of Washington explains how all crimes are categorized and what the law says about defenses that find their name under Chapter 9A.16 RCW. RCW 9A.16.050 – Self-defense generally is of interest to our purposes here, as it explains when it is reasonable and justified to do physical harm to another person in order to protect yourself from what you fear to be physical harm, regardless of the circumstances.
"(1) A person is justified in using or attempting to use physical force upon another person when and to the extent that he or she reasonably believes that he or she is about to be injured or harmed by such other person , and he or she reasonably believes that the use of such physical force is necessary for the purpose of protecting or attempting to protect himself or herself against such injury or harm. . . . (2)(a) The use, attempt to use, or threaten to use force upon or towards another person is not lawful when: (i) The force is used, attempted, or threatened by the defendant; and (ii) The force used, attempted, or threatened by the defendant was unlawful."
Simply put, the law allows that one person can use non-lethal force in order to defend themselves against physical harm. If that non-lethal force happens to be in the form of a stun gun – or any other electronic weapon – the law will protect you given that your actions are justifiable under the revised code. If the electronic weapon is illegal, however, then you will likely be charged at every point, given the nature and inherent dangers of stun guns.
An Overview of the Differences Between Washington Stun Gun Laws and Other States
In contrast to its neighboring states, Washington has reasonable laws concerning stun guns. While most states have no real requirements regarding stun gun purchases or carry, some do require permits or licenses to carry stun guns in public, and some states have blanket bans on these devices altogether. Below is an overview of Washington’s laws compared with those in neighboring Oregon and Idaho, as well as nationwide:
Oregon
Oregon generally follows Washington state law, but with the following caveats. As in Washington state, stun guns are not allowed on school grounds or property (Oregon Revised Statutes 166.370). Further, Oregon generally does not have any permit or registration requirements for stun guns – except for residents of Portland. The Portland Municipal Code (set out in Title 14C) classifies "electric weapon" as any stun gun, and requires individuals seeking to carry such devices to have a gun license, which requires training and education, as well as a $100 fee. However, the licensing scheme has been blocked by a federal appeals court for being too restrictive, and it is unclear if the city will appeal to the U.S. Supreme Court.
Idaho
Unlike Oregon and Washington state, Idaho has some restrictions on stun guns – but none of them apply to non-weapon tasers (such as the Taser Pulse). Stun guns – defined as "any instrument, device or thing, whether operated by battery, power cell, kinetic energy or other mechanism, which is designed or used for the purpose of providing an electric shock for defensive purposes" – are classified as weapons and require a permit to carry or use in public.
Nationwide
Most states do not require a permit or license to carry stun guns. A few states and major cities impose bans and permit requirements, including California, Massachusetts, Michigan and New Jersey.
In Conclusion
To sum up, in this article we have discussed the legality of stun gun possession in Washington, the legal process for getting a stun gun permit, and some important considerations for using stun guns responsibly and compliantly. It is important to reiterate that a permit is required in order to legally own or possess a stun gun in Washington. As mentioned earlier, permits are relatively easy to obtain from the issuing authorities, so as long as you are eligible to obtain a permit, your stun gun ownership will be completely legal . Using a stun gun at your residence and for personal self-defense is permissible and does not carry any legal concerns as long as there is an active permit associated with it. As with all potentially dangerous weapons, general common sense will go a long way in keeping you compliant with the law. Permits have to be renewed every five years in Washington, however, this process is even easier than the initial permit application. With all of that said, if you still have any questions about stun gun possession in Washington, speaking with a qualified firearms attorney will provide you with the information you need.