Stun guns are not legal in all 50 states. Most states let civilians own and carry them with some restrictions, but a small number still ban or severely limit possession, and even in permissive states the rules on age, permits, carry locations, and interstate travel vary enough that a device you can legally own at home may be illegal the moment you cross a state line. Before buying or carrying one, check the law where you live and anywhere you plan to travel.
States That Ban or Heavily Restrict Stun Guns
The vast majority of states allow civilian stun gun ownership with some level of regulation. A few jurisdictions still effectively ban or severely limit possession. At least one state maintains a prohibition on stun gun sales and possession that was upheld by a federal court in 2025, a ruling now on appeal. Another state’s ban was struck down in federal court, but the regulatory framework there remains complex.
A separate handful of states falls into a middle category: possession is legal only with a specific permit or license, which makes casual ownership impractical. These states effectively treat stun guns like handguns for regulatory purposes, requiring the same licensing, background checks, and training. The list of restrictive states is a moving target because litigation following the Supreme Court’s 2016 decision in Caetano v. Massachusetts continues to work through lower courts. In Caetano, the Court unanimously vacated a Massachusetts conviction under a state stun gun ban, reaffirming that the Second Amendment “extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.”1Cornell Law Legal Information Institute. Caetano v. Massachusetts The ruling did not declare a blanket right to own stun guns or strike down every restriction, but it has driven the repeal or invalidation of bans in several states and cities since.
If you live in or plan to travel through a restrictive state, verify the current law directly before purchasing or carrying a device.
Stun Gun or Taser: The Distinction Can Matter
People use “stun gun” and “Taser” interchangeably, but the law does not always follow suit. A contact stun gun is a handheld device with prongs that shock on direct contact. A Taser fires two barbs connected by wires and shocks from a distance of roughly 15 to 25 feet.
That difference matters at the federal level. Under 18 U.S.C. ยง 921, a “firearm” is a weapon designed to expel a projectile by the action of an explosive.2Office of the Law Revision Counsel. 18 U.S. Code 921 – Definitions The ATF has ruled that Taser-style projectile devices meet that definition. Contact stun guns do not. No federal statute prohibits civilians from owning contact stun guns, and federal firearms regulations do not reach them. Most state laws regulate both types under one category, but a few treat them differently, and the federal distinction affects transport and purchasing.
Who Can Own a Stun Gun
In the roughly 45 states where stun guns are broadly legal, ownership still comes with conditions.
Age
Nearly every state sets a minimum age. The common threshold is 18, though several states set it at 21, sometimes tying eligibility to a valid firearms credential. Selling or giving a stun gun to someone under the minimum age is a separate offense in most jurisdictions.
Permits and Background Checks
Most states do not require a permit to own a basic contact stun gun. A minority do. Some require a firearm owner’s identification card, which involves an application to the state police and a background check.3Illinois General Assembly. 430 ILCS 65/2 – Firearm Owners Identification Card Required; Exceptions Others require a concealed carry license, meaning you cannot legally carry a stun gun outside your home or business without one. Fees, fingerprinting, and waiting periods are typical. States that do not require a permit generally do not require a background check either, so the burden falls on the buyer to know whether they qualify.
Prohibited Persons
Regardless of permit status, several categories of people cannot legally own a stun gun in any state that allows civilian possession:
- Convicted felons. A few states carve out a narrow exception permitting a felon to keep a stun gun at home for self-defense while still prohibiting carry elsewhere.4Justia. Virginia Code 18.2-308.2 – Possession or Transportation of Firearms, Stun Weapons, Tasers, Explosives or Concealed Weapons by Convicted Felons
- People convicted of domestic violence or assault.
- People subject to active protective or restraining orders.
- Minors under the state’s minimum age. Adults who provide a stun gun to a minor face separate charges.
Where You Cannot Carry One
Legal ownership and legal carry are two different things. Even in permissive states, location-based restrictions limit where you can bring a stun gun.
Most states distinguish between open and concealed carry. Some allow open carry without a permit but require a concealed weapons permit to carry the device hidden on your person or in a bag. Others require a permit for any carry outside your home or business. Local governments often layer additional rules on top of state law, so a stun gun that is legal to carry in one city may be prohibited a county over.
Certain locations are off-limits in virtually every state, regardless of permit status:
- Schools and college campuses.
- Government buildings and courthouses.
- Airports past security checkpoints.
- Polling places during elections.
Carrying a stun gun into one of these places can result in criminal charges even with a valid permit.
Lawful use is limited to self-defense against an imminent physical threat, and the force must be proportional to the danger. Using a stun gun in a dispute where you are not being physically threatened, or to intimidate someone, crosses from self-defense into assault.
Traveling Across State Lines
This is where most people get tripped up. A stun gun that is legal at home can be illegal the moment you cross into the next state, and there is no reliable federal safe harbor for interstate transport of these devices.
The Firearm Owners’ Protection Act allows lawful transport of firearms through restrictive states as long as the weapon is unloaded and inaccessible during transit.5Office of the Law Revision Counsel. 18 U.S. Code 926A – Interstate Transportation of Firearms FOPA applies to “firearms” as defined in federal statute. Contact stun guns are not federal firearms, so FOPA’s transport protections likely do not cover them. Driving through a state that bans stun guns puts you at risk of a possession charge with no federal cushion.
Flying
The TSA prohibits stun guns and Tasers in carry-on bags. You may pack them in checked luggage, but the device must be stored in a way that prevents accidental discharge, and devices with lithium batteries face additional FAA battery safety rules.6Transportation Security Administration. Stun Guns/Shocking Devices Following every TSA rule still does not protect you if your destination state bans possession.
Trains
Amtrak allows Taser-style devices in checked baggage only, stored in a locked hard-sided container inside a suitcase, and the passenger must declare the device at check-in.7Amtrak. Firearms in Checked Baggage Checked baggage service is not available at every station or on every route. Contact stun guns not classified as firearms may not fall under this policy at all, leaving their status on trains unclear. When in doubt, leave the device at home.
Penalties If You Get It Wrong
Consequences range from a manageable fine to years in prison, depending on what you did and your record.
Unlawful possession or carry. Carrying without a required permit, bringing a stun gun into a restricted location, or possessing one in a state that bans them is typically a misdemeanor. Misdemeanor convictions generally carry fines and potential jail time of up to one year, with exact amounts varying by jurisdiction. The conviction still creates a criminal record that can affect employment, housing, and future firearm eligibility.
Possession by a prohibited person. When a convicted felon or other prohibited person is caught with a stun gun, the charge jumps to a felony in most states, with the possibility of state prison time and larger fines. Some states impose mandatory minimums, particularly for people with prior violent felony convictions.
Using a stun gun to commit a crime. Assaulting someone with a stun gun, or using one during another crime, is a separate felony that can result in multiple years in state prison. Some states enhance penalties for any offense committed with a weapon, and stun guns qualify. Sentences for stun gun assaults typically run about one to three years but can climb higher depending on the injury and the defendant’s record. A conviction of this kind almost certainly makes you a prohibited person going forward, cutting off legal ownership of stun guns, firearms, and similar weapons in the future.