Basics of Taser Legality in Oklahoma
Taser Conducted Electrical Weapons (CEWs), commonly known as Tasers or stun guns, are legal to manufacture, sell, purchase, possess and use in Oklahoma. There are however restrictions on where Tasers might be used. Also, other weapons statutes apply to Tasers like brandishing, pointing a firearm, and concealed carry laws.
There are two general areas where it is illegal to use Tasers and that is in prison/jail and on school property.
Title 21-1277 of the Oklahoma Statutes (§21-1277) makes it illegal to use a Taser on penal institution or detention facility property . Title 21-1278 of the Oklahoma Statutes (§21-1278) makes it illegal to use a Taser on school property.
It is also illegal for a person or corporation to sell or supply Tasers or stun guns to a minor or swap Tasers for any other property with a minor. Title 21-1276(E) of the Oklahoma Statutes (§21-1276(E)).
Possession and/or use of a Taser or stun gun during certain crimes can also amount to an aggravated offense (enhanced punishment) for the underlying crime. These underlying crimes include: Armed Robbery, Assault, Battery, and other crimes where a weapon is used.
Who Is Allowed To Carry A Taser In Oklahoma?
In order to possess and use an electric weapon like a taser in Oklahoma, you must meet the following requirements:
Be at least eighteen (18) years of age
Be on a public place
Have the written permission of the person in control of the property, if applicable
Not have any prior conviction of a felony or a crime involving violence
Be legally permitted to possess a firearm in the state of Oklahoma
If you don’t, you’re violating Oklahoma Code Title 21, Section 1289.11 (specifically subsections A and B), which makes it a felony to unlawfully use any baton-like substance with the potential use of death or serious bodily injury. Violating Oklahoma Code Title 21 Section 1289.11 will get you a fine ranging from $500 to $1,000 and/or imprisonment for up to two (2) years.
The laws surrounding taser usage are complicated. If you were arrested and charged with a crime because you had a taser, Oklahoma Bar Association advises you to seek someone who might understand your case and what’s legal or not. It can get confusing.
Taser Restrictions And Limitations
Regulations surrounding the use of Tasers in Oklahoma are designed to enhance public safety and prevent misuse of the devices. One point for clarification, however, is that while Tasers are not legal weapons, they are not firearms either. This presents an interesting legal dilemma in Oklahoma court. As discussed at the Oklahoma Statutes page on the legal definition of a firearm, law codes rely heavily on the strict definition of a firearm as "any instrument used in the propulsion of missiles with explosive charge." Technically speaking, the legal definition does not include electronic weapons like a Tasers. In practice, however, the distinction is less significant, as restrictions on the ownership and usage of guns are also applied to Tasers.
Tasers may be used for self-defense, but you should be careful to ensure that you only apply them in situations involving imminent physical harm. In other words, even if you feel threatened by a trespasser, if you have a non-lethal alternative available, you are required to attempt to avoid using electrical force or shocking voltage to subdue them. It is clearly stated in Title 21, Oklahoma Statues § 1277, subsection B that "no person shall use physical force upon or toward another unless the physical force is reasonably necessary to prevent that imminent use of physical force against the person or a third person in the person’s custody."
In addition to restricted types of people or places that Tasers may not be used, Tasers are also prohibited in various public buildings in Oklahoma. In particular, this involves the State Capitol building in Oklahoma City (Title 74 § 1221.16), the House of Representatives chamber (Title 74 § 1243), the Senate chamber (Title 74 § 1250.1), the State Supreme Court chambers (Title 20, § 73), and within Oklahoma’s detention and correctional facilities (Title 57 § 501.1). In addition, Oklahomans are prohibited from using Tasers while driving vehicles. The legal code of Driving Under the Influence includes the use of "any device to disable another person, or cause another person to stop or slow down" as grounds for DUI charges (Title 47 § 11-902.C).
How Tasers Differ From Firearms Laws
Oklahoma does not regulate tasers and stun guns the same as firearms. And, this is something to be mindful of. For example, attempting to concealing a firearm is a much more serious matter than knowingly attempting to conceal a stun gun or taser. That is not to say that concealment of a taser or stun gun will not lead to felony charges, all I am saying is that the fact that tasers and stun guns are not considered to be firearms cuts both ways. A conviction of attempting to unlawfully conceal or carry a firearm is a felony punishable by a minimum of 2 years in prison. But, a conviction for attempting to unlawfully conceal a stun gun or taser IS NOT a felony and carries no mandatory prison time. And, there is no criminal penalty at all for possessing, selling or carrying a taser or stun gun in a public place in Oklahoma. Again, that is not the case with firearms or concealed firearms, where many restrictions, both criminal and civil exist. Given the lack of regulation of tasers under Oklahoma law, it is very unlikely that the forthcoming Oklahoma Open Carry bill will have any impact on tasers at all. As long as tasers are not deemed to be firearms under Oklahoma state law, the taser open carry business that has existed in Oklahoma for decades will continue.
Liability Associated With Misusing A Taser
Criminal penalties are a real possibility for people who use a taser or stun gun against another person. You can be criminally prosecuted for:
Certain individuals are prohibited by law from possessing a taser or stun gun in Oklahoma. 21 O.S. § 1289.25. These prohibited individuals include convicted felons, those under the age of 18, persons adjudicated as mentally incompetent, "any employee of a jail system, detention facility, institution or facility who has been convicted of a misdemeanor crime of moral turpitude," and "any person convicted of a violation of the offenses enumerated in the Oklahoma Prevention of Domestic Violence Against Taks force, 21 O.S. 644-650.6." 21 O.S. § 1289.26.
Possessing a stun gun or taser is not a felony offense in Oklahoma. For this reason, if you possess a taser or stun gun yourself, it will likely be considered a misdemeanor depending on the specific circumstances of your case. In fact, even if you are prohibited by law to possess a taser or stun gun, and you have been previously convicted of a felony, punishable by a state prison term , the offense is still a misdemeanor. But having a taser or stun gun is not the only way to illegally possess or use these weapons.
Possession of a taser or stun gun may not even be necessary for one to face criminal charges in Oklahoma. If you pointed a taser or stun gun at a person or otherwise used one against another without a lawful purpose, you may be criminally charged with pointing a firearm in the presence of another. This is a misdemeanor offense in Oklahoma. 21 O.S. § 1279.15.
If you committed this offense for an unlawful purpose, the charge is elevated to a felony offense. There is a narrow list of purposes that are "lawful," including "the purpose of defending oneself or another person, or for the purpose of effecting an arrest." It may be up to a judge or jury to determine whether your purpose for pointing or using the weapon was unlawful when the case goes to trial. 21 O.S. § 1279.15.
Lastly, certain assault and battery crimes involving minor injuries committed with a taser or stun gun may bring misdemeanor charges. These offenses include:
Criminal misdemeanors generally have maximum one-year state prison sentences. Any prior convictions can double or triple your potential sentence. Thus, it is important to contact an experienced criminal defense attorney if you are charged with any of the above offenses.
Recent Modifications And Amendments Of Taser Laws
Oklahoma has seen some changes to its Taser laws in recent years, spurred by ongoing discussions about police tactics, community safety, and the appropriate use of force in peaceful and violent situations alike. In May 2020, the Oklahoma Court of Criminal Appeals underscored the State’s intent for tasers to be a legitimate substitute for lethal weaponry for law enforcement personnel. In the case of Allen v. State, the Court held that a convicted felon was not prohibited from possessing a taser, and as such, reversed the lower court’s decision to the contrary.
The State initially intended the Oklahoma’s Weapons Act to ban a broad range of non-lethal weapons, including tasers, stun guns, and similar electronic devices. From 1985 until 2010, the Weapons Act provided that any person who is convicted of a felony in Oklahoma or another state shall not possess or carry on or about his or her person any handcuffing device or mechanical restraint, stun gun or other electrically operated device, or other dangerous weapon.
In 2010, however, the Oklahoma legislature amended the law, narrowing the definition of deadly weapons to apply only to those instruments which, in the manner used, or intended to be used, are capable of producing death or other serious physical injury. As a result, tasers and related devices no longer meet the updated definition’s criteria for deadly weapons. The updated statute applies to the defendant in Allen, who was convicted of a non-violent drug offense in 2016. In a unanimous decision, the Court vacated the order of the lower court convicting him of possession of a prohibited, non-deadly, weapon, thus recognizing that even those who have prior convictions for serious crimes are permitted to possess tasers.
This clarification comes at a time of increasing concern about law enforcement procedures, particularly following a June 2020 incident where a Georgia police officer threatened to tase and kill a Black man who was attempting to flee police. Officers are often quick to draw their tasers and elect to use them as an alternative to escalating a situation to a point where they might have to use more lethal forms of force. For this reason, some are concerned that making tasers available to convicted felons will create even more risk for victims of police violence. However, advocates have long pushed for victims of domestic violence and other protective classes to be permitted to obtain and carry tasers, which are generally less likely to cause lethal injury than those caused by guns. As such, while this decision may be frustrating for those who sought to limit the use of tasers across the board, it is a positive change for those who seek to make them more widely available and accessible to those who need them the most.
Common Questions Regarding Tasers In Oklahoma
Can I use a taser to protect myself and my family?
Yes, as long as you are in a situation where you are lawfully present (i.e. on your property or in public), using a taser for self-defense is perfectly legal. The Oklahoma Criminal Code maintains a broad right to self-defense (21 O.S. § 733). The right to self-defense also extends to one’s home through Oklahoma’s "castle doctrine", which gives rise to a rebuttable presumption that a person’s use of physical force is justifiable if the person was inside his or her home. (The rebuttable presumption means that the presumption can be disproven by evidence.)
Is it legal to own a taser?
Yes, in Oklahoma, it is legal to own a taser.
Are there any restrictions on who can carry a taser?
Anyone can own and carry a taser, but federal law prohibits convicted felons from carrying tasers. Federal law also prohibits fugitives, drug users and addicts, mental defectives, persons dishonorably discharged from the military, and persons convicted of domestic violence from carrying firearms. (This ban on firearms applies to tasers and other types of stun guns.) Note: these prohibitions on carrying firearms and stun guns apply to federal laws , not state laws. States have their own rules about carrying firearms.
Are there any restrictions on carrying a taser in the car (as opposed to carrying it on your person)?
Yes, 21 O.S. § 1289 prohibits a person from having a firearm in a vehicle unless the person has either a carry permit or has the firearm in plain view in an open compartment. A taser is not a firearm, but it is substantially similar to a firearm in terms of its mechanics. In other words, there’s no specific statute about carrying a taser in your car. But common sense suggests that if a taser is similar to a firearm, then carrying a taser in a car should be subject to the same rules as carrying a firearm.
What happens if I try to bring a taser into an airport or secure area of an airport?
If an individual tries to bring a taser or stun gun into an airport or a secure area of an airport, the individual would be committing a felony. The government maintains strict security protocols to screen for weapons. A person attempting to bring a weapon on a plane, or into a secure area of the airport, is treated in a manner similar to persons who attempt to take firearms onto planes. (There are some limited exceptions. For example, persons with concealed carry licenses are allowed to carry firearms into terminals. However, tasers are specifically excluded from this exception.)