Tasers and stun guns are effectively legal to own in Rhode Island for adults, after a federal court struck down the state’s blanket ban as unconstitutional under the Second Amendment. The catch: the old statute prohibiting these devices is still on the books, and the legislature hasn’t yet replaced it with a clear licensing framework. So possession is protected, but the rules around who can carry, where, and under what conditions remain unsettled.
The Current Legal Gray Area
Rhode Island Section 11-47-42 lumped stun guns together with blackjacks, metal knuckles, and bludgeons, and flatly prohibited civilians from carrying or possessing them.1Rhode Island General Assembly. Rhode Island Code 11-47-42 – Weapons Other Than Firearms Prohibited That made Rhode Island one of the last states in the country to treat these devices as categorically illegal.
In Ocean State Tactical, LLC v. Rhode Island, gun owners and a firearms dealer challenged the ban, and the First Circuit Court of Appeals ruled it unconstitutional in early 2024.2Justia. Ocean State Tactical, LLC v. Rhode Island, No. 23-1072 (1st Cir. 2024) The legislature has not amended Section 11-47-42 to remove stun guns from its list of banned weapons, and the statutory text still includes “stun-gun” among the prohibited items.1Rhode Island General Assembly. Rhode Island Code 11-47-42 – Weapons Other Than Firearms Prohibited
A prosecutor cannot enforce the possession ban after the federal ruling. But no replacement statute yet spells out permits, carry rules, or prohibited-person categories for these devices.
Who Can Own One
The only age restriction that remains active in Section 11-47-42 concerns sales, not possession. A seller cannot transfer a stun gun to anyone under 18 without written authorization from the buyer’s parent or legal guardian.1Rhode Island General Assembly. Rhode Island Code 11-47-42 – Weapons Other Than Firearms Prohibited The restriction targets the seller, and parental consent can override it.
The existing statute does not require a background check for a stun gun purchase and does not list categories of prohibited buyers such as convicted felons or people with mental health adjudications. Those restrictions exist for firearms under other sections of Rhode Island law, but no enacted statute currently applies them to stun guns.
Carry and Use
Because the federal court invalidated the possession ban without creating rules in its place, there is no defined framework in Rhode Island law for open versus concealed carry of a stun gun. That likely changes if a pending bill passes.
Any use of a stun gun still has to fit within Rhode Island’s self-defense standards. Rhode Island does not have a stand-your-ground law, and the state supreme court has held that you generally have a duty to retreat before using force outside your home. Using a stun gun offensively, as a threat, or in a situation where you don’t face a genuine need to defend yourself or someone else can lead to criminal charges.
Section 11-47-60 addresses weapons on school grounds, but that provision specifically targets firearms. Until the legislature clarifies whether stun guns fall under sensitive-location rules, the safer approach is to avoid carrying one on school property or into government buildings.
Pending 2026 Legislation
Two bills introduced in the 2026 session would formalize the rules. House Bill 7650, introduced in February 2026, would explicitly allow any person 18 or older who holds a license or permit to carry a stun gun, and would impose criminal penalties for selling or transferring one to anyone under 18.3LegiScan. Bill Text: RI H7650 | 2026 | Regular Session | Introduced As of early 2026, H7650 was referred to the House Judiciary Committee and had not received a floor vote.
A companion Senate bill, S 2395, covers similar ground and adds criminal penalties for using a stun gun during the commission of a crime or against a law enforcement officer acting in an official capacity. Neither bill had been enacted as of early 2026. Check the Rhode Island General Assembly website for current status before relying on either.
Penalties That Still Apply
Even though the ban on civilian possession is unenforceable, the penalty provisions of Section 11-47-42 still apply to conduct beyond simple possession, such as unlawful sales to a minor. The statute sets two tiers:
- General violations carry a fine of up to $1,000, imprisonment for up to one year, or both, plus confiscation of the weapon.1Rhode Island General Assembly. Rhode Island Code 11-47-42 – Weapons Other Than Firearms Prohibited
- Violations inside the state prison system carry a fine between $1,000 and $3,000, imprisonment from one to five years, or both, plus confiscation.1Rhode Island General Assembly. Rhode Island Code 11-47-42 – Weapons Other Than Firearms Prohibited
Selling a stun gun to a minor without parental written authorization carries the higher range: a fine between $1,000 and $3,000, imprisonment from one to five years, or both.1Rhode Island General Assembly. Rhode Island Code 11-47-42 – Weapons Other Than Firearms Prohibited
Flying With a Stun Gun
The TSA prohibits stun guns in carry-on luggage. You can pack one in checked baggage only if it’s rendered inoperable, typically by removing the batteries, and you declare it to the airline at check-in.4TSA.gov. Stun Guns/Shocking Devices The TSA officer at the checkpoint has final authority on any item.
Stun gun laws vary sharply from state to state. A device you can lawfully own in Rhode Island after the federal ruling may be illegal at your destination, so check the arriving state’s law before you pack.