The Legality of Tasers in Delaware
Tasers are legal to possess and use in the state of Delaware. Specifically, Delaware law § 1442(b)(1) provides an exception for the possession of tasers or similar electronic weapons for self-defense purposes and provides a definition of Electronic Weapon: § 1442. Possession of a deadly weapon (except a firearm or a pocketknife) by persons prohibited. (b)(1) This section shall not apply to the possession of a taser-type device or other electronic weapon solely for purposes of self-defense , provided that: a. The taser-type device or other electronic weapon possessed by a person under this paragraph is equipped with a mechanism rendering the device incapable of being fired repeatedly within a 5-second period of time. b. The taser-type device or other electronic weapon is equipped with a mechanism rendering the capability of a person discharging the device limited to 3 discharges of the electronic weapon, as evidenced by a counter within the device that resets only when the device is de-energized by the person who possesses it, or as evidenced by an accessory that is either equipped with a sensor that registers 3 discharges from the electronic weapon and prevents emissions thereafter or which is wirelessly connected to the device, subject to emissions after 3 purposes, and is registered to that electronic weapon.
Tasers and Guns: How Do They Stack Up?
When comparing the laws for tasers to the law for firearms, there are many similarities. For example, private citizens cannot carry either concealed or open carry a taser or firearm in a public place without a license. All must be purchased legally from a dealer registered in accordance with the federal Gun Control Act of 1968. Business can only buy tasers through wholesale distributors who are also registered under the Gun Control Act.
Permits are issued by justice of the peace courts and require background checks by Delaware State Police and the FBI. Some individuals can be denied permits based on criminal history, residence requirements, and more. This is similar to the restrictions placed on firearms.
However, there are important differences. You cannot conceal carry a taser in your vehicle without a permit. A firearm may be kept in your vehicle without a permit. Also, both tasers and firearms cannot be carried when consuming alcoholic beverages or when the individual is under the influence of drugs. However, with tasers, there are additional restrictions prohibiting tasers when you are under the influence of over-the-counter drowsy medications.
One of the most notable differences is that tasers, but not firearms, cannot be concealed when the user is trespassing or breaking into a vehicle or home.
Are You Authorized to Own a Taser in Delaware?
When it comes to the legality of carrying a taser in Delaware, there are a few categories of individuals that the law applies to. For the purposes of this section, we will look at three specific groups: private citizens in Delaware, police officers and members of the military.
Private citizens
To properly carry a taser in Delaware, you must first obtain a permit from the department of public safety and homeland security. To qualify for this permit, you must be at least 18 years of age, and be a United States citizen or legal resident alien. You must also not have an arrest record that includes felony convictions or crimes of violence, which could affect your ability to obtain a permit through the department of public safety and homeland security.
Police officers
It is important to make a distinction between police officers located in Delaware, and officers of military or national security forces. While police in Delaware are required to have the same permit as private citizens, national security officers and members of the military are subjects of their own laws.
If you are a member of the military or an officer of a national security force, you are generally excluded from needing a permit, provided you are carrying a taser as part of your job duties. The use of tasers and other electronic weapons is solely determined by the laws of the state in which you reside or are stationed, and therefore falls under the aforementioned regulations within that state.
Are Tasers Legal for Self-Defense Purposes in the First State?
Self-Defense Considerations When Taser Use is in Play
A Taser is often seen as a less lethal alternative to other defensive weapons and its use may sometimes fall under the area of self-defense. In Delaware, use of physical force for purposes of self-defense is authorized when one reasonably believes that the use of physical force is necessary to protect themselves against another’s use of or imminent use of unlawful force. Questions regarding scope, triggering factor and severity of force are applicable to taser use as they would be applicable to a billy club or baton.
Delaware law outlines a process in which a person must reasonably believe that the use of physical force is necessary for the protection of the person against another’s use or imminent use of unlawful force. There is also a requirement that the force used is reasonable. There is an exception for a person being justified in the use of physical force if that person provoked the other person or recklessly or unlawfully initially provokes another person to attack . Use of deadly forces is not permissible unless the person believes that: (1) the person is authorized to command a use of deadly force by law; (2) the person believes that the other person is using or about to use deadly force against the person or someone else and that the use of deadly force is necessary to protect the person against death, serious physical injury or the commission of a felony involving the use or threatened use of deadly force; (3) the person has exhausted all other reasonable alternatives to avoid the imminent threat of death or serious physical injury to themselves or others; and (4) the use of deadly force involved no more force than that which the person reasonably believes is necessary to protect against death, serious physical injury or the commission of a felony involving the use or threatened use of deadly force.
A taser may be considered a deadly weapon for the purposes of Delaware law if it fits this definition "any weapon or device readily capable of lethal use that inflicts serious and/or fatal injury." A taser may be considered as a weapon capable of inflicting serious or fatal injury through electric shock. Whether it does in fact rise to the level of being a deadly weapon depends and may be subject to constitutional challenges. (Assuming there is usually some form of elemental level of challenge … please speak to your attorney with respect to your own situation.)
Changes to the Law Regarding Tasers in Delaware
When I reviewed the Delaware gun laws, I did not see anything involving a Taser and then I also spoke with a friend who said that there was no Taser law in Delaware. I just assumed that the general rules about how deadly weapons in Delaware are treated would apply. However, I looked harder and found out that things have recently changed and Tasers are now considered a firearm under Delaware gun rights laws. This is enforceable through 11 Del. C., Chapter 1449, subchapter 14. Being reviewed relates to: Subsection (a). Under this section of the law, a person who is an employee of a licensee who has a valid permit to possess a Taser and is present on the premises where the licensee’s business is conducted may carry a taser on the premises. Per subsection (b), a person may additionally carry a taser if issued a valid Taser Permit or Firearm Owners Identification Card by the State. Under subsection (c), a person authorized to knowingly possess a Taser may carry on their person, anywhere the law does not prohibit weapons through subsection (d) and subsection (e). In subsection (d) of 11 Del. C., Chapter 1449, any person authorized by subsection (a) or subsection (b) may carry on their person a taser if they fit in one of the following categories: It is further defined what exactly a taser is: It is important to note that in this legislation it goes on to describe a taser as "any weapon designed to discharge an electric shock to cause temporary muscular paralysis". along with stating a taser can be "wireless" or "incapacitate, incapacitating, or neutralizing".
If Your Possession of a Taser Is Unlawful, What’s At Stake?
Possession of a deadly weapon in a vehicle can result in a misdemeanor, but repeat offenders can be charged with Felony carrying of a weapon .
Penalties for illegal possession of tasers in Delaware:
– First offense: Up to 1 year in jail and a fine of up to $2,300
– Second or more offense: Up to 18 months in jail and a fine of up to $3,100
If the taser was used on another person to cause bodily harm, then the punishment increases substantially.