A phonecall to the New Jersey State Police confirmed carrying a stun gun/taser is lawful. Video is below:
SPECIAL NOTE: This page will be updated as details surrounding our legal victory become available. When in doubt, please refer back to this page for the most up-to-date information.
Following Caetano v. Massachusetts, a case which the United States Supreme Court unanimously vacated a Massachusetts conviction of a woman who carried a stun gun for self defense, in August of 2016, the New Jersey Second Amendment Society (NJ2AS) filed a lawsuit against the State of New Jersey challenging their outright ban on stun guns and tasers (electronic self-defense devices). Since 1985 stun guns and taser were completely banned from acquisition, possession, and carry in New Jersey.
On October 22, 2017, after over a year of legal battles, the ban was lifted and residents of New Jersey regained their right to acquire, possess, and carry an electronic self-defense device if one were to go by the letter of the relevant statutes.
It seems the Attorney General’s directive has not been received by many police departments and while NJ2AS contacted several departments, many were unaware of our legal victory and are still under the assumption that tasers and stun guns are illegal. We have prepared a packet that you can easily print at home and deliver to your police department to inform them of the changes in the law. It would be even better if you could send a copy to your police department through certified mail so you have a record of sending it and they will be officially put on notice (even though the Attorney General’s Directive does this). Please keep a copy of the certification return receipt and send us a copy by e-mail. Also, while New Jersey is adapting to their citizens having an ability to protect themselves, it would be wise to also keep a copy of our packet readily available in the event you are stopped and questioned. You can read our letter, the NJ Attorney General’s Directive, and Judge Shipp’s Consent Order here: Please click here to download our informational packet.
We are extremely proud of our victory. Our lawyers and leadership team fought hard for constitutional purchase and carry of tasers so innocent women, in fear for their lives, will not have to wait for permission slips from the government to protect themselves. We all know the story of Carol Bowne and her outcome. We have been told over and over to wait, don’t do anything yet. We have waited for years for those who are better funded to act. We will wait no longer. We have taken a giant step forward. We have made the historic achievement of getting a Federal Judge to state that, in NJ, the Second Amendment includes self-defense and applies to possession of all bearable arms.Moving forward, this is a golden opportunity and it is sitting right here in black and white due to our lawsuit. Yes, they threw us a curveball, but we are not done, and we need your help and support to file more lawsuits and fight back! You can be part of the change by becoming a card-carrying member or donor by clicking here.
We received a copy of a letter from Senator Oroho and Assemblyman Space’s office. They asked the NJ Attorney General if self defense is an appropriate reason to carry a taser. The NJ Attorney General’s office responded with a cryptic letter and you can read their response by clicking here: Letter from NJ Attorney General’s office.
The New Jersey Division of State Police have released their rules and regulation on purchasing and possessing a stun gun. A copy of the rules and regulations posted on the state police website can be found by clicking here.Or if you would like the link that directs you to the New Jersey State Police website with the rules and regulations click here. The rules and regulations read as follows:
DIVISION OF STATE POLICE
Firearms and Weapons
Restrictions for Sale and Possession of Stun Guns
Adopted Amendments: N.J.A.C. 13:54-1.2 and 1.3
Adopted New Rule: N.J.A.C. 13:54-5.8
Proposed: August 21, 2017, at 49 N.J.R. 2765(a).
Adopted: November 8, 2017, by Patrick J. Callahan, Acting
Superintendent, Division of State Police, with the approval of
Christopher S. Porrino, Attorney General.
Filed: November 28, 2017, as R.2018 d.009, without change.
Authority: N.J.S.A. 2C:39-1 et seq., and 2C:58-1 et seq.
Effective Date: January 2, 2018. Expiration Date: May 12, 2022.
FIREARMS PURCHASER IDENTIFICATION CARD AND PERMIT TO PURCHASE A HANDGUN
The words and terms used in this chapter shall have the following
“Stun gun” means any weapon or other device that emits an electrical charge or current intended to temporarily or permanently disable a person.
State of New Jersey firearms identification card or permit to purchase a handgun and form of register required; prohibition on sale of certain weapons
(a) No person, other than a licensed or registered retail or wholesale dealer, shall receive, purchase, or otherwise acquire a rifle, shotgun, or antique cannon, other than an antique rifle or shotgun, unless that person possesses and exhibits a valid firearms purchaser identification card. No person shall sell, give, transfer, assign, or otherwise dispose of a rifle, shotgun, or antique cannon, other than an antique rifle or shotgun, to a person other than a licensed or registered retail or wholesale dealer, unless the buyer or receiver possesses and exhibits a valid firearms purchaser identification card. No person shall sell, acquire, or possess a sawed-off shotgun. No person shall sell, give, transfer, assign, or otherwise dispose of a stun gun to a person under 18 years of age, and no person under 18 years of age shall receive, purchase, or otherwise acquire a stun gun.
(b)-(d) (No change.)
MACHINE GUNS, ASSAULT FIREARMS, LARGE CAPACITY AMMUNITION MAGAZINES, AND STUN GUNS
13:54-5.8 Possession of a stun gun by a minor
No person under 18 years of age shall possess a stun gun. Any stun gun possessed by a person under the age of 18 shall be subject to confiscation by law enforcement.