Indiana Stun Gun/Taser Laws

[Region Law]

Ok, bare with me because I haven't read this chapter in a long time. After reading the IC codes relating to stun guns/taser, you have to be 18yoa and have a handgun license??? IC# 35-47-8 with the handgun provision IC# 35-47-8-4. If anyone on here has arrested someone for this (not in the commission of a crime), did you charge them with possession of a handgun w/o permit???

[PtlCop]

I've stopped girls who have a stun gun in their purse for protection purposes. I tell them to be safe and have a nice night. If a stun gun/taser were used in the commission of a crime, and I had occasion to arrest the suspect, I'd charge the initial crime, charge the enhancement for the crime being committed with a deadly weapon, and ask the Prosecutor to review applicable case law and statute law to determine if the code you're citing fits.

I've never heard of it being charged that way, and believe that it wouldn't stick personally. But who knows.

[CruiserClass]

Ok, bare with me because I haven't read this chapter in a long time. After reading the IC codes relating to stun guns/taser, you have to be 18yoa and have a handgun license??? IC# 35-47-8 with the handgun provision IC# 35-47-8-4. If anyone on here has arrested someone for this (not in the commission of a crime), did you charge them with possession of a handgun w/o permit???

No, you just have to be 18. No permit is required.

IC 35-47-8-5
Stun guns; purchase, possession, and sale; use in commission of crime; use on law enforcement officer
Sec. 5. (a) A person eighteen (18) years of age or over may purchase or possess a stun gun.

[timjoebillybob]

No, you just have to be 18. No permit is required.

IC 35-47-8-5
Stun guns; purchase, possession, and sale; use in commission of crime; use on law enforcement officer
Sec. 5. (a) A person eighteen (18) years of age or over may purchase or possess a stun gun.

That's for stun guns. Stun weapons and tasers require you to have a ltch to possess outside of your home or business except for transport to the same after purchase, same as handguns. If it shoots darts or exceeds 5 milliamps 60hrz it falls under handgun regulations.

IC 35-47-8-1
"Electronic stun weapon" defined
Sec. 1. As used in this chapter, "electronic stun weapon" means any mechanism that is:
(1) designed to emit an electronic, magnetic, or other type of charge that exceeds the equivalency of a five (5) milliamp sixty (60) hertz shock; and
(2) used for the purpose of temporarily incapacitating a person.

IC 35-47-8-3
"Taser" defined
Sec. 3. As used in this chapter, "taser" means any mechanism that is:
(1) designed to emit an electronic, magnetic, or other type of charge or shock through the use of a projectile; and
(2) used for the purpose of temporarily incapacitating a person.

IC 35-47-8-4
Applicability of handgun provisions
Sec. 4. IC 35-47-2 applies to an electronic stun weapon or taser.
As added by P.L.318-1985, SEC.3.

[mtown18]

I'm getting tazed tonight in training tonight at the P.D. Can't wait!

[mark268]

Oh.. the good ol' Taser day. How I love to forget that afternoon. I was impressed how effective it was, especially after using it in the field. I highly recommend anyone who has the oppertunity to be tased, do so. very relaxing after the 5 second hell ride LOL.

[PtlCop]

That's for stun guns. Stun weapons and tasers require you to have a ltch to possess outside of your home or business except for transport to the same after purchase, same as handguns. If it shoots darts or exceeds 5 milliamps 60hrz it falls under handgun regulations.

I still don't believe that a person needs a handgun permit for a Taser.

I could be totally wrong though.

[CruiserClass]

I still don't believe that a person needs a handgun permit for a Taser.

I could be totally wrong though.

Same here. Just don't seem right.

Of course we're talking about a state that allows the carrying of an AK-47 and a pair of 1911s with no problem, but you can't legally carry throwing stars, even with a permit.

[Region Law]

Thanks for all the responses! I had a younger officer approach me with this question and I flat out couldn't make sense of this law in terms of enforcement outside of the commission of a crime or under 18. I don't think this should be associated with the handgun no permit law, but this is Indiana where vague is king.

[timjoebillybob]

Same here. Just don't seem right.

Of course we're talking about a state that allows the carrying of an AK-47 and a pair of 1911s with no problem, but you can't legally carry throwing stars, even with a permit.

I agree that it doesn't seem right. But that's how it seems to be worded. And yes the throwing star law is idiotic.

And you can carry the AK loaded without a permit, but you can't transport an unloaded handgun to the range without one. And according to law and case law a pistol grip shotgun is a handgun.

[CruiserClass]

Well, I was wrong. At inservice I pointed this information out to the instructor who does our legal updates and he e-mailed me back a few days later that, yes, you do indeed need a hangun permit for a Taser as defined by the codes listed here.

He also added he wonders who will make the first arrest for this.

Any updates? Anyone charge someone with this yet?

[Region Law]

One of our patrol guys charged a local gang member with possession of a handgun without a permit for having a taser in his possession. Since this was a Misd. charge, it was filed in our city court. With that being said, our city court is a absolute circus. So who knows? I'll try to get an update, but my guess is they tossed it without researching it.

[timjoebillybob]

Well, I was wrong. At inservice I pointed this information out to the instructor who does our legal updates and he e-mailed me back a few days later that, yes, you do indeed need a hangun permit for a Taser as defined by the codes listed here.

Cruiser I almost hate to do this, and I hope you don't hold it against me too much. But are you going to edit your post here?