Yes. Tasers and stun guns are generally legal to purchase, possess, and use in California for lawful self-defense. However, California law imposes restrictions based on age, criminal history, drug addiction, and where the device is carried or used. Penal Code § 22610 regulates these devices using the term “stun gun,” which generally includes devices marketed as Tasers.
Updated: October 28, 2026. Last reviewed: October 28, 2026. Adapted from the jD LAW article originally published November 30, 2024, using the supplied revised content and statutory clarifications. This article provides general information, not legal advice or permission to carry or use a weapon. Laws can change, and local ordinances, school rules, airport and security rules, and private-property restrictions may be stricter. Consult a qualified attorney about your eligibility and circumstances.
What Is a Taser Under California Law?
A Taser is an electroshock device that can deliver an electrical charge through electrodes, often fired at a distance and connected by wires. A traditional stun gun generally requires direct contact with the target.
For legal purposes, California generally treats both types of devices as stun guns. Penal Code § 22610 governs purchase, possession, and use, while § 244.5 defines a stun gun for its assault provisions. The same ownership, possession, and use restrictions generally apply to both types.
Who Can Legally Possess a Taser?
Restrictions based on criminal history and drug addiction
Most adults may legally purchase, possess, and use a stun gun or Taser in California. But Penal Code § 22610 prohibits the following people from purchasing, possessing, or using one:
- A person convicted of a felony.
- A person convicted of a crime involving an assault under California, federal, or another jurisdiction’s law.
- A person convicted of misuse of a stun gun under Penal Code § 244.5.
- A person addicted to a narcotic drug.
Age rules
California law does not require every person possessing a Taser or stun gun to be 18. However, specific restrictions apply to minors.
A first violation of the sale-to-minor rule is punishable by a $50 fine; later violations of that subdivision are misdemeanors. That fine is not a universal penalty for every violation of § 22610.
- A person under 16 may not possess one.
- A person age 16 or 17 may possess one only with written consent from a parent or legal guardian.
- A person may not sell or furnish a stun gun to a minor unless the minor is at least 16 and has that written consent.
Do You Need a Permit to Carry a Taser?
California does not generally require a permit or license to purchase, possess, or carry a stun gun or Taser for lawful purposes. However, carrying one does not give you a right to brandish, threaten, or use it unlawfully.
Local ordinances, private-property rules, airports, courts, schools, and certain public buildings may impose additional restrictions. Before carrying a Taser into any restricted or security-screened location, check the applicable rules.
Where Are Tasers Prohibited?
Public buildings and public meetings
California Penal Code § 171b prohibits bringing or possessing a Taser or stun gun in covered state or local public buildings and at specified public meetings. The law expressly includes Tasers and stun guns defined in § 244.5.
Exceptions may apply to peace officers and certain other authorized people, including in circumstances involving written permission from the official responsible for building security. Courthouses, city halls, and other facilities can have additional entry rules. Do not bring a Taser into a public building unless you have confirmed it is allowed.
Schools and college campuses
The school restrictions are not limited to firearm laws. Although Penal Code § 626.9 addresses firearms, a separate statute—§ 626.10—expressly restricts Tasers and stun guns at schools.
Section 626.10(a) generally prohibits bringing or possessing a Taser or stun gun on the grounds of, or within, a public or private K–12 school, subject to specified exceptions. Section 626.10(i) makes bringing or possessing a stun gun or qualifying less-lethal weapon on a public or private college or university campus a misdemeanor without written permission from the president, chancellor, or designee.
School policies and local rules may add restrictions. General eligibility to own a Taser does not authorize carrying it onto a school campus.
When Can You Use a Taser in Self-Defense?
Civilian defensive use of a Taser must qualify as lawful self-defense or defense of others. In general, you must reasonably believe that you or someone else faces an imminent threat of unlawful force, that immediate force is necessary, and that the force used is no more than reasonably necessary under the circumstances.
Using a Taser offensively can lead to criminal charges, including assault with a stun gun under Penal Code § 244.5. A less-lethal device is not harmless, and lawful ownership does not justify every use.
- Do not use a Taser to unlawfully threaten or intimidate someone.
- A verbal argument without an imminent physical threat generally does not justify using one.
- Do not retaliate after a threat has ended.
- Merely offensive words do not justify an electrical attack.
- Do not use a Taser to commit or assist another crime.
Penalties for Misuse or Unlawful Possession
Unlawful possession
Possession by a prohibited person under Penal Code § 22610 is generally a misdemeanor. A conviction may carry jail time and fines. The applicable charge and sentencing exposure depend on the subsection, the conduct, the person’s record, and any other offenses alleged.
The $50 first-offense provision specifically concerns selling or furnishing a stun gun to a minor in violation of § 22610(c); it should not be confused with the consequences for prohibited possession or assault.
Assault with a stun gun
Assault with a stun gun or qualifying less-lethal weapon under Penal Code § 244.5(b) is a wobbler, meaning it may be charged as a misdemeanor or felony. The statute provides up to one year in county jail, or a felony term of 16 months, two years, or three years under Penal Code § 1170(h). That felony provision generally concerns county-jail sentencing, not an automatic state-prison term; statutory exclusions and other circumstances can affect where a sentence is served.
Under § 244.5(c), assault on a peace officer or firefighter performing official duties, when the defendant knows or reasonably should know that status, can carry up to one year in county jail or a felony term of two, three, or four years under § 1170(h). Other assault statutes may apply depending on the facts.
Tasers and Stun Guns: Same Legal Rules
Although Tasers and stun guns work differently, California law generally regulates them the same way under § 22610. A Taser’s ability to fire electrodes at a distance may affect how a prosecutor or court evaluates an alleged assault, but it does not create a separate ownership or permit system.
Frequently Asked Questions About Tasers in California
Can a 16-year-old carry a Taser in California?
A person age 16 or 17 may possess a Taser or stun gun only with written consent from a parent or legal guardian and must meet the other eligibility requirements. That consent does not override school, public-building, or other location restrictions.
Do you need a permit for a Taser in California?
California generally does not require a Taser-specific permit. Criminal-history, age, narcotic-addiction, location, and lawful-use restrictions still apply.
Can you bring a Taser into a courthouse?
Generally, no. Penal Code § 171b restricts Tasers and stun guns in covered public buildings, including courthouses. Limited statutory exceptions do not authorize ordinary visitors to bring one through security. Confirm the rules with courthouse security before your visit.
Speak With a San Diego Criminal Defense Lawyer
If you were arrested for possessing, carrying, or using a Taser in California, speak with a criminal defense attorney before making statements to police. The prosecution must prove the elements of the specific charge, including any required possession, prohibited status, restricted location, or unlawful use.
Attorney James N. Dicks of jD LAW Criminal Defense Attorney is a Certified Criminal Law Specialist and former police detective. He represents clients throughout San Diego County and North County in weapons, assault, and criminal-defense matters.
For a free consultation, call (760) 630-2000 or contact our team through the Contact page.