Taser Legal Status and Use in NJ
The current legal framework involving Tasers in New Jersey is somewhat complicated. Authorized use of Tasers by law enforcement is governed by New Jersey Attorney General monitoring of the use of Tasers by police officers. The specific office overseeing monitoring use of Tasers, including in Trenton, Waterford, and Camden, is the Office of Professional Standards, which "maintain[s] the standards for the deployment and use of [Tasars] by law enforcement agencies in this State." Attorney General Directive No. 2010-04 (January 27, 2010). The use of Tasers by law enforcement in New Jersey is generally governed by the following provisions of New Jersey’s Attorney General Guidelines and Orders:
· The standard Tasers which may be used by law enforcement in New Jersey are:
· Tasers "may only be deployed by supervisory officers and patrol officers trained in writing reports to document their use."
· Tasers may only be used once a suspect is given a verbal warning that Tasers will be used, and are to be used only when less intrusive methods may be "ineffective or impractical."
· Tasers should be used only in situations where the potential risk of serious bodily injury or death is high .
· Tasers may not be used:
· Officers deploying Tasers must be trained in their use and in tactics to de-escalate situations and avoid using a Taser when doing so is feasible.
·109 New Jersey courts have also examined the use of Tasers. For example, in Millspaugh v. County of Bergen, 2010 WL 3420133 (N.J.Super.Ct.App.Div. Sept. 1, 2010), the court held that the County of Bergen was entitled to immunity from negligence claims against it involving the deployment of Tasers by law enforcement officers. The court reasoned that because the decision whether to use a Taser is a discretionary government action, immunity is provided by New Jersey law.
A more recent appellate decision involves determining whether school buses in New Jersey can have Tasers for the purpose of maintaining order. In Goulakos v. West Cape May Board of Education, 2013 WL 2449466 (N.J.Super.Ct.App.Div. June 7, 2013), a state appellate court held that when school-issued Tasers are used only for purposes of disciplining unruly students, the use of Tasers did not violate the Fourth Amendment to the United States Constitution. The court based this decision on its determining that a reasonable and prudent public school official would believe that allowing Tasers on school buses were necessary to protect against disorder and violence on school buses.
Those Eligible to Legally Own a Taser
In order to be eligible for a taser license in New Jersey, there are a number of requirements that you must meet. First and foremost, you must be at least 18 years of age. Additionally, you must be a citizen and resident of the state of New Jersey. In most cases, you will also need to undergo a criminal background check and mental health evaluation. This may include fingerprinting, a review of your criminal history through state and federal databases, and possibly even interviews with local law enforcement.
Moreover, in order to obtain a taser license, you must be able to demonstrate credible evidence of substantial threats to your life. You will also need to demonstrate that there is no other reasonable option available to protect yourself. For example, if you are being threatened by an acquaintance, it does not matter if this person is significantly larger than you, because you still have the option of retreating from a confrontation, so you may not be eligible for a taser license. However, if it is clear that there is an imminent threat of serious bodily injury or death with nowhere to escape, you may have a better case for taser ownership.
It is important to note that eligibility requirements for taser licenses can vary from county to county, so be sure to contact your local sheriff’s department in order to ascertain specifically what is required in your area.
Where and When a Taser Cannot be Used
As of 2009 statutory law restricting taser usage was established with the following provisions:
A civilian who is the owner of a lawful purchased or obtained electronic stun gun or taser is subject to the following:
- (1) A citizen may transport a stun gun or taser in a case directly to or from the citizen’s residence, place of business, or regular place of employment for the purpose of obtaining or returning the stun gun or taser to the seller or the lawful possessor.
- (2) A citizen may possess a stun gun or taser at his place of business, or regular place of employment, or while traveling between those places and his residence provided that the stun gun or taser is not accessible to members of the public in the course of ordinary business operations or while the citizen is employed.
- (3) A citizen may possess a stun gun or taser for defensive purposes if the citizen has reasonable cause to believe he is under imminent threat of unlawful attack provided that the stun gun or taser is transported directly or carried anywhere the citizen may legally travel.
- (4) Any person violating any provision of this subsection is guilty of a crime of the fourth degree.
As far as stipulations go, you are not permitted to sell, manufacture, distribute, or offer to transfer a taser, stun gun, spiked hair brush, or other similar device to another civilian. This is classified as a crime of the third degree and must be reported to the local law enforcement agency.
Circumstances when a Taser is Accepted
While the Attorney General’s legal opinions do not have the weight of a court case determining whether or not the weapon is illegal, it does provide us with a guideline for clarification. The current attorney general’s opinion on electronic weapons is as follows: A taser or stun gun can be purchased or sold only by a limited number of specific individuals and for limited purposes. These devices may be used by law enforcement officers, members of the military, as well as by licensed security companies for personal protection. A person may also possess or use a stun gun or taser for self-defense purposes if the local police officer grants permission. It is important to note that "self-defense" is a situational determination that is not absolute in New Jersey law or criminal cases.
The exceptions above supports the thrust of the current attorney general’s opinion which is simply that the taser or stun gun device are illegal to possess or use unless you are a member of law enforcement, military, a licensed security company or if the local police grant permission prior to use (as an exception to the "without lawful authority" or "without the permission of law enforcement" provisions of the law). Obviously there are special cases where minor children may possess or use a stun gun or taser with the permission of the child’s parent or guardian. However, other exceptions will have to wait for legal challenges decided by the New Jersey State Supreme Court.
Legally Buying a Taser in the State
It is important to understand that when it comes to purchasing a taser in New Jersey there are strict rules. First and foremost, a taser can only be purchased from an authorized dealer. There are tasers that can legally be purchased online or at local stores provided each model is legal under New Jersey law. However, other tasers are illegal in the State of New Jersey despite being sold at leading retail stores, on Amazon, on ebay, or even on popular websites dealing in self-defense. If you purchase a legal taser from a website you will be fine. The problems arise in situations where you purchase a taser from a website and it arrives in New Jersey and you are then charged with a crime because the product is illegal in the State.
I have read blogs and publications from other lawyers and organizations dealing with tasers in New Jersey and I simply do not agree with some of the information provided. For example, there is a common misconception that you can buy a taser and pay an extra fee to your local police department so that the device can be regrown. This is simply false. Such a process is not allowed. You can also find devices sold on Amazon that are listed as "stun guns" and even "defense touch light systems". A device that appears to be legal which utilizes a battery operated circuit board and has what is knows as a "spark gap" is likely a stun gun. Again though , if the weapon is shipped to New Jersey and found to be illegal, you have a problem.
At any rate, tasers are a different story. As such, it is very important that you first research companies and individuals who are authorized dealers for tasers in New Jersey prior to making any purchases. The kinds of devices that tasers are cannot be sold in certain stores or over the internet. Stun guns usually come with instructions and are generally legal provided they do not utilize a battery operated circuit board with a "spark gap".
It is worth repeating that tasers can only purchased from authorized dealers for New Jersey. I would highly recommend dealing with a New Jersey attorney who is experienced in tasers and who also knows these vendors and these organizations well. In many cases, if you think a taser will be ordered from one of these vendors and you know it will arrive in New Jersey, it is probably best directly exchanging this information with a New Jersey lawyer. Most tasers come with instructions and such legal advice is very important in situations where a taser is ordered and could arrive in New Jersey. In fact, it is essential to know what you are buying, whether this item will be shipped to New Jersey and most crucially, whether or not it will be legal once it arrives.
Taser Safety and Training Advice
Of course, common sense safety measures are always advisable regardless of the legal status of any device. But this goes double for tasers. Despite the high level of technical training required for police officers to carry a taser in New Jersey, regardless of the state of legality today, manufacturers now recommend that taser purchasers give up on DIY taser training, and receive proper taser safety training first. Gun shops such as Tactical Defense Solutions, LLC actually provide special taser training courses. Taser gun stores in Morris County such as CnG Outfitters (with locations in Rockaway and Denville) also offer taser courses; at the CnG Outfitters Denville store, taser courses are on the third Wednesday of each month.
There are two main taser safety concerns:
First is accidentally shocking yourself or someone else such as family members or pets. You would not want to startle your child into having a fatal heart attack simply because they walked into the bathroom while you were taser-training with your significant other. An ounce of prevention is worth a pound of cure, so parents and guardians especially need to ensure that such valuable training does not take place around children. And, keep the taser locked up when not in use – just like a gun. There is no "safety" and it is not childish-proof or even 100% fool-proof.
Second is in properly deploying taser safety equipment. All tasers sold by Taser International regardless of model have a warning label on the back of the device which reads: "DO NOT POINT WEAPON AT HEAD OR FACE, DO NOT DEPLOY IN CLOSE PROXIMITY TO THE EYES OR GROIN." This is good advice – but even with a taser "mouth" attached to the cartridge, this is impossible to accomplish, because:
First, there is no way to avoid seeing your target’s face or groin when dealing with an assailant from the front (or side of the body). This is why "face" is also not mentioned in the criminal charge of aggravated assault under N.J.S.A. 2C:12-1b(2) (which results in a fourth-degree crime charge) where the taser is deployed within 500 feet of a police officer in the lawful execution of his/her duties. Similarly, a taser is not recommended for use against any animal, including your own pet, regardless of whether the taser gun store you purchased it from told you otherwise. A taser "mouth" attached to the cartridge does not shield the device from accidentally discharging. And, if the target moved while you pulled the trigger (e.g. to get out of the way of the taser), this too could result in accidental discharge. That is to say, you cannot fire a taser without facing your target, and cannot aim a taser mouth to avoid eye contact and still expect the taser cartridge to disengage. Statement T-15 warns: "ANY CONTACT WITH EYES CAN CAUSE INJURY." So, be careful and assume the taser will be within a short distance from a person’s eyes when discharged, and make sure children are far away when you train with it.
In short, Dream in Black recommends that you have proper taser training and best practices drilled into your head before purchasing of this device.
Comparing a Taser with Alternative Devices
While the legal concerns surrounding tasers are unique, the range of self-defense devices approved for civilian use in New Jersey is quite broad. A taser is not even the most effective means of thwarting an assault in instances where a less-lethal option is desired. Personal alarms – loud, electronic devices designed to attract attention – can alert police or passersby to the fact that you are in danger should you be attacked. Defence spray, such as what is displayed above, can deter would-be attackers by disabling them temporarily (meaning you can escape while the assailant is incapacitated). Note that this does mean you may have to use the spray against the assailant as they approach, or not at all, but you will want to minimize or eliminate the risk to you if at all possible. If you can avoid an altercation by using an alarm or spray to alert others that you need help , that is clearly the best option.
Beyond the personal alarm and spray, a knife is a viable option for defending yourself against an attacker. However, knives are even more controversial weapons than tasers; you can read about some of these risks here. There are also limitations on knife carry in New Jersey, which can cause additional problems if the state’s transportation restrictions on automatic knives are violated.
Unlike with a knife, tasers are not deadly weapons. In choosing the best alternative for self-defense in New Jersey, pay careful attention to the tools you intend to carry or employ. Your taser may be the most effective self-defense weapon that is legal for civilian use, but should it be used against a victim, it could result in serious legal trouble.