Electronic Control Device Legislation – General Themes

Eric Edwards

Phoenix Police Dept.

 

I.        Restrictions or Ban

 

A.  Public

 

1.     Prohibit use/possession by minors or all persons in a few states

2.     Public buildings

3.     Vehicles

4.     Carrying concealed

5.     Require permit or firearms license

 

B.  Law Enforcement

 

1.     Require “active aggression”

2.     Require policy     

3.     Prohibit use by law enforcement

a.      Based on age (no consensus)

b.     In schools

 

II.      Criminalize Use

 

A.    Separate offense

 

1.     Use w/ intent to cause harm

2.     Use w/ intent to facilitate another crime

3.     Carrying concealed

4.     Use against law enforcement

 

B.    Sentencing or classification enhancement

 

III.    Miscellaneous Provisions

 

A.    Data collection

 

1.     When used

2.     Required report- some states require same report as police shootings

 

B.    Independent medical research

 

C.    Definitions

 

1.     Stun gun, Taser, Electric device/weapon

2.     Include in existing

 

a.      Firearm

b.     Deadly weapon

c.      Dangerous weapon/ instrument

 

 

 

13-3117. Remote stun guns; sales records; use; violation; classification; definitions

 

A. It is unlawful for a person or entity to do any of the following:

 

1. Sell an authorized remote stun gun without keeping an accurate sales record as to the identity of the purchaser with the manufacturer of the authorized remote stun gun. The identification that is required by this paragraph shall be verified with a government issued identification. This requirement does not apply to secondary sales.

 

2. Knowingly use or threaten to use a remote stun gun or an authorized remote stun gun against a law enforcement officer who is engaged in the performance of the officer’s official duties.

 

B. This section does not:

 

1. Preclude the prosecution of any person for the use of a remote stun gun or an authorized remote stun gun during the commission of any criminal offense.

 

2. Preclude any justification defense under chapter 4 of this title.

 

C. The regulation of remote stun guns and authorized remote stun guns is a matter of statewide concern.

 

D. A violation of:

 

1. Subsection a, paragraph 1 is a petty offense.

 

2. Subsection a, paragraph 2 is a class 4 felony.

 

E. For the purposes of this section:

 

1. “authorized remote stun gun” means a remote stun gun that has all of the following:

 

(a) an electrical discharge that is less than one hundred thousand volts and less than nine joules of energy per pulse.

 

(b) a serial or identification number on all projectiles that are discharged from the remote stun gun.

 

(c) an identification and tracking system that, on deployment of remote electrodes, disperses coded material that is traceable to the purchaser through records that are kept by the manufacturer on all remote stun guns and all individual cartridges sold.

 

(d) a training program that is offered by the manufacturer.

 

2. “remote stun gun” means an electronic device that emits an electrical charge and that is designed and primarily employed to incapacitate a person or animal either through contact with electrodes on the device itself or remotely through wired probes that are attached to the device or through a spark, plasma, ionization or other conductive means emitting from the device.