Taser Defined 720 ILCS 5/24-1(a)(10)
Tasers, also known as stun guns, are considered dangerous weapons under Illinois law. Specifically, section 24-1(a)(10) of the Illinois Criminal Code defines tasers and stun guns as “dangerous weapons” that are illegal for most people to possess in public.
What is a Taser?
A taser is a handheld electronic control device that uses electrical current to override the central nervous system and cause neuromuscular incapacitation – essentially immobilizing a person temporarily. When the taser’s trigger is pulled, two small dart-like electrodes connected to the device by conductive wires are ejected and shoot out to attach to the target. The taser then transmits electrical pulses along the wires and into the body, resulting in loss of muscle control. This causes the target to experience intense pain and collapse to the ground, unable to move for several seconds or minutes.
Tasers are marketed as “less lethal” options for law enforcement and personal self-defense. The electrical shock is meant to incapacitate rather than kill. However, tasers can still cause serious injury or death in some cases. According to Amnesty International, over 500 taser-related deaths occurred in the United States between 2001-2013.
Illinois Law on Stun Guns & Tasers
Under 720 ILCS 5/24-1, it is generally illegal for a private citizen to carry or possess a taser or stun gun in public in Illinois.
Specifically, section 24-1(a)(10) states that “stun guns and tasers” are considered “dangerous weapons” under Illinois law. The statute prohibits manufacturing, selling, purchasing, possessing, or carrying these devices in public.
There are a few exceptions. Law enforcement officers can legally carry tasers while on duty. Individuals can also possess tasers at their own home or fixed place of business. But in most cases, possession of a taser by an ordinary citizen outside the home is a class 4 felony offense punishable by 1-3 years imprisonment.
Controversy Over Taser Bans
Illinois is one of several states that broadly prohibit private citizen possession of tasers and stun guns in public places. However, some gun rights groups have challenged these laws as unconstitutional under the Second Amendment right to bear arms.
In 2018, the Illinois Supreme Court upheld the state’s stun gun ban in People v. Webb, ruling that tasers are not protected arms under the Second Amendment because they were not in common use when this amendment was adopted. The U.S. Supreme Court declined to hear an appeal of this case.
Nonetheless, there is still debate over whether stun gun bans infringe on constitutional rights. Some federal courts have struck down state laws banning tasers as unconstitutional. But so far, Illinois’ prohibition remains intact.
Legal Uses of Tasers in Illinois
While private citizen possession is mostly banned, there are some legal uses of tasers and stun guns under Illinois law:
- Law Enforcement Officers – Police officers, security guards, and other law enforcement agents can legally carry and use tasers while performing official duties. Most police departments require officers to undergo specific training on proper taser use.
- At Home or Business – Citizens can legally keep a taser at their home or fixed place of business for self-defense purposes. But it cannot be carried in public.
- Gun Ranges – At licensed gun ranges or firearm training courses, the range master can legally furnish patrons with tasers for supervised use and training at the facility. But the taser cannot leave the premises.
- Collectors – With a valid Firearm Owner’s Identification (FOID) Card, collectors can legally own tasers and stun guns as part of a broader weapons collection. However, they still cannot carry tasers in public.
So in summary, while private citizen use of tasers in public places is prohibited under 720 ILCS 5/24-1(a)(10), there are some exceptions that allow legal taser possession in certain circumstances. Police, licensed gun ranges, and collectors can legally own tasers with proper precautions. And citizens can keep tasers at home for self-defense. But carrying a taser in public remains a felony offense for ordinary Illinois residents.
Penalties for Unlawful Use
Violating the Illinois stun gun ban by carrying or using a taser in public illegally is a Class 4 felony. Penalties include:
- 1-3 years imprisonment
- Fines up to $25,000
Harsher penalties apply if the taser is used to commit another crime. For example, using a taser to commit robbery or assault would result in a Class 2 or Class 3 felony charge with longer prison terms.
Simply owning a stun gun is a Class A misdemeanor with up to 1 year in jail and $2,500 in fines.
Self-Defense Without a Taser
Since most people cannot legally carry tasers for self-defense in Illinois, what non-lethal options exist? Here are some lawful alternatives to tasers:
- Pepper Spray – Also called OC spray, pepper spray is legal with some restrictions. The container cannot exceed 2 ounces and requires a FOID card.
- Stun Batons – These are basically cattle prods that emit an electric shock. They are legal to carry.
- Alarms – Carry a loud personal alarm to scare away attackers.
- Whistles – A sharp whistle can draw attention and alert others if you feel threatened.
- Flashlights – A heavy metal flashlight can act as an improvised defensive tool if needed.
- Martial Arts – Learn martial arts and self-defense skills to protect yourself without weapons.
While these items do not replace a taser, they provide alternative forms of non-lethal self-defense that comply with Illinois law for those unable to legally carry stun guns in public places.
Conclusion
Under 720 ILCS 5/24-1(a)(10), possession and use of tasers or stun guns by ordinary citizens is broadly prohibited in Illinois, outside of the home or gun ranges. Carrying a taser in public remains a felony offense, although there is some controversy over whether such bans violate Second Amendment rights. Law enforcement officers can legally use tasers, and civilians have alternatives like pepper spray for lawful self-defense. But for now, the Illinois stun gun ban remains in effect, so most people should avoid carrying these devices in public.