Tasers and stun guns are legal for most adults to own and carry in New Jersey, and no permit is required to buy one. That has been the rule since April 2017, when a federal court struck down the state’s decades-old ban as unconstitutional. Ownership is not open to everyone, though, and where you carry the device and how you use it are governed by the same weapons statutes that apply to other arms.
How the Ban Ended
New Jersey used to make possessing a stun gun a fourth-degree crime under N.J.S.A. 2C:39-3(h).1Justia. New Jersey Code 2C-39-3 – Prohibited Weapons and Devices In New Jersey Second Amendment Society v. Porrino, the state conceded that a flat ban on electronic arms could not survive Second Amendment review, and a federal consent order declared the prohibition unenforceable.2United States District Court for the District of New Jersey. Consent Order – New Jersey Second Amendment Society v. Porrino The order also blocked enforcement of N.J.S.A. 2C:39-9(d), which had criminalized sales and shipments. The old text remains in the code books but cannot be used against anyone otherwise permitted to possess a weapon.
Who Can Legally Own One
Most New Jersey adults qualify. Two groups do not.
Anyone Under 18
State administrative rules prohibit selling, giving, or transferring a stun gun to a minor, and prohibit anyone under 18 from purchasing or acquiring one.3Cornell Law Institute. New Jersey Administrative Code 13-54-1.3 – State of New Jersey Firearms Regulations
People Barred by N.J.S.A. 2C:39-7
Certain prior convictions disqualify a person from possessing any weapon, stun guns included. The list covers violent offenses such as homicide, robbery, aggravated assault, kidnapping, sexual assault, and carjacking, along with arson, burglary, extortion, racketeering, terroristic threats, and endangering the welfare of a child. Convictions for controlled substance offenses above the disorderly persons level and prior convictions under the state’s weapons statutes also disqualify a person.4Justia. New Jersey Code 2C-39-7 – Certain Persons Not to Have Weapons or Ammunition
Anyone who has been involuntarily committed to a mental health facility is prohibited as well, unless they can produce a doctor’s or psychiatrist’s certificate showing they no longer have a condition that interferes with handling a weapon.4Justia. New Jersey Code 2C-39-7 – Certain Persons Not to Have Weapons or Ammunition
Do You Need a Permit
No. Unlike handguns, stun guns and Tasers require no purchase permit in New Jersey. The consent order removed the criminal prohibition without putting a permitting system in its place, and no state-level background check applies specifically to these devices. Retailers may set their own policies, but buying one is far simpler than acquiring a firearm here.
Where You Can and Cannot Carry
Legal ownership does not translate into carrying anywhere you please. Location-based restrictions and a general standard for public carry both apply.
The Manifestly Appropriate Standard
New Jersey makes it a fourth-degree crime to possess “any other weapon” — a category that includes stun guns — under circumstances not manifestly appropriate for its lawful use.5Justia. New Jersey Code 2C-39-5 – Unlawful Possession of Weapons Carrying one for personal protection in a bag or on your person is generally fine. Carrying one into a bar late at night, or while doing something a prosecutor could paint as suspicious, is not. The question is always whether lawful self-defense is a believable reason for having the device.
Schools, Colleges, and Universities
Educational institutions are off-limits. Possessing any weapon on the grounds or inside the buildings of a school, college, or university without written authorization from the governing officer is a fourth-degree crime.5Justia. New Jersey Code 2C-39-5 – Unlawful Possession of Weapons There is no self-defense exception for these locations.
Courthouses and Secured Buildings
Courthouses and government buildings almost universally prohibit weapons through their own security protocols and posted policies. Attempting to bring a stun gun through screening will result in confiscation and likely criminal charges under the general weapons statutes. Treat any location with metal detectors as off-limits.
Workplaces and Private Property
Property owners and employers can prohibit stun guns regardless of state law. A legal right to own one does not override a company’s workplace policy or a landlord’s rules, and violating an employer’s weapons policy can cost you your job even if no crime occurred. Check the employee handbook, or ask human resources, before bringing one to work.
When You Can Use One
Under N.J.S.A. 2C:3-4, force is lawful when you reasonably believe it is immediately necessary to protect yourself against unlawful force on the present occasion.6Justia. New Jersey Code 2C-3-4 – Use of Force in Self-Protection “Reasonably” and “immediately” do the heavy lifting. If either is missing, the self-defense claim fails.
Using a stun gun to threaten, to settle an argument, or as an offensive weapon is illegal. So is deploying one during the commission of another crime.
Duty to Retreat
New Jersey is not a stand-your-ground state. When deadly force is involved, you generally must retreat if you can do so safely, with an exception for your own dwelling if you were not the initial aggressor.6Justia. New Jersey Code 2C-3-4 – Use of Force in Self-Protection
Stun guns sit in a useful spot here. Because they are generally treated as non-deadly force, the retreat rule does not require you to withdraw before using one.6Justia. New Jersey Code 2C-3-4 – Use of Force in Self-Protection Your response still has to be proportional. Using a stun gun against someone who shoved you in a parking lot is a harder case than using one on someone who cornered you and threatened serious harm.
Penalties for Unlawful Possession or Use
Penalties scale with the seriousness of the conduct.
Possession for an Unlawful Purpose
Carrying a stun gun with intent to use it against someone unlawfully — for an assault, a robbery, or another crime — is a third-degree offense under N.J.S.A. 2C:39-4(d).7Justia. New Jersey Code 2C-39-4 – Possession of Weapons for Unlawful Purposes
Possession by a Prohibited Person
If you fall into one of the categories under N.J.S.A. 2C:39-7, mere possession of a stun gun is a fourth-degree crime.4Justia. New Jersey Code 2C-39-7 – Certain Persons Not to Have Weapons or Ammunition
Possession During a Drug Offense
Possessing a stun gun with intent to use it unlawfully while committing a drug trafficking offense is a second-degree crime under N.J.S.A. 2C:39-4.1. Possessing one under suspicious circumstances during a drug offense, even without proof of intent to use it against a person, is also a second-degree crime under the same statute.8Justia. New Jersey Code 2C-39-4.1 – Weapons Offenses During Drug Crimes
Weapons on School Grounds
Bringing a stun gun onto a school, college, or university property without written permission is a fourth-degree crime, carrying up to 18 months in prison and a $10,000 fine.5Justia. New Jersey Code 2C-39-5 – Unlawful Possession of Weapons
Traveling With a Stun Gun
TSA prohibits stun guns and Tasers in carry-on bags. You may pack one in checked luggage, but the device must be stored so it cannot discharge accidentally, such as by removing the battery or using a protective case. The final call at security belongs to the TSA officer on duty.9Transportation Security Administration. Stun Guns/Shocking Devices
Interstate travel is a separate issue. Stun gun laws vary widely, and a device that is fully legal in New Jersey may be illegal at your destination. Hawaii and Rhode Island still have restrictive laws, and several other states impose permit or registration requirements. There is no federal rule protecting you because you own the device legally at home. Check the destination state’s law before you go.