Can You Carry a Taser in California: Restrictions and Penalties

Yes, you can carry a taser in California without a permit. Adults who aren’t in a prohibited category can buy, own, and carry a taser or stun gun openly or concealed for self-defense, with no license, background check, or waiting period required. The rules kick in around who you are, where you take it, and how you use it.

Who Can’t Legally Possess One

Before you carry, check yourself against Penal Code 22610. Several categories of people are barred from purchasing, possessing, or using a stun gun at all, and possession alone is a criminal offense for anyone in these groups:

  • Anyone previously convicted of a felony in any jurisdiction.
  • Anyone convicted of a crime involving assault, including misdemeanor assault.
  • Anyone convicted of assault with a stun gun under Penal Code 244.5.
  • Anyone addicted to a narcotic drug.
  • Children under 16, under any circumstances.

Minors aged 16 or 17 can possess a stun gun only with written consent from a parent or legal guardian, and sellers can’t furnish one to a minor without that consent.1California Legislative Information. California Code Pen Section 22610

Where You Can’t Take It

Legal ownership doesn’t mean you can bring the device anywhere. Several locations are off-limits regardless of your intent.

State and Local Government Buildings

Penal Code 171b makes it illegal to bring a taser or stun gun into any state or local public building, including courthouses, DMV offices, and city halls. The exceptions cover law enforcement officers and people transporting a weapon into a courtroom as evidence.2California Legislative Information. California Code Pen Section 171b

Schools and College Campuses

Penal Code 626.10 bans tasers on the grounds of any public or private K–12 school. A separate provision extends the ban to public and private college and university campuses, though a college or university president or chancellor can grant written permission as an exception.3California Legislative Information. California Code Pen Section 626-10

Airports and Passenger Vessel Terminals

Penal Code 171.5 prohibits knowingly carrying a taser past a security checkpoint into an airport’s sterile area or into a secured passenger vessel terminal at a port or harbor.4California Legislative Information. California Code Pen Section 171-5

Federal Buildings

Federal law adds another layer. Under 18 U.S.C. § 930, possessing a dangerous weapon in any federal facility is a federal crime punishable by up to one year in prison, or up to two years in a federal court facility. A “federal facility” is any building or part of one owned or leased by the federal government where federal employees regularly work, and a taser falls under the statute’s definition of a dangerous weapon.5Office of the Law Revision Counsel. 18 U.S. Code 930 – Possession of Firearms and Dangerous Weapons in Federal Facilities

When You Can Actually Use It

The only legally justified use of a taser against another person is self-defense. You need a reasonable belief that you face an imminent threat of bodily harm, and your response has to be proportional to that threat. Settling an argument, intimidating someone, or striking back after a confrontation is over doesn’t qualify.

California doesn’t require you to retreat before defending yourself. That principle comes from case law and the state’s standard jury instructions rather than a specific statute, but the practical effect is the same: if you’re somewhere you have a legal right to be, you don’t have to flee before using reasonable force. The force still has to match the danger. Zapping someone who shoved you once and walked away would likely be treated as excessive because the threat was no longer imminent.

Penalties If You Get It Wrong

Consequences split sharply between simple possession violations and using the device to hurt someone.

Unlawful Possession

Possessing a stun gun when you’re in a prohibited category, or bringing one into a restricted location, is a misdemeanor. A conviction carries up to one year in county jail and a fine of up to $1,000.1California Legislative Information. California Code Pen Section 22610 A minor’s first offense for possessing a stun gun without parental consent is an infraction with a fine of up to $50; repeat offenses become misdemeanors.

Assault With a Stun Gun

Using a taser to commit an assault is much more serious. Penal Code 244.5 makes assault with a stun gun a wobbler, chargeable as either a misdemeanor or a felony depending on the circumstances. As a misdemeanor the maximum is one year in county jail. As a felony the sentence is 16 months, two years, or three years in state prison.6California Legislative Information. California Penal Code Section 244.5

If you knew or should have known the person was a peace officer or firefighter performing their duties, the felony range rises to two, three, or four years in state prison.6California Legislative Information. California Penal Code Section 244.5 A conviction under 244.5 also triggers the lifetime possession ban in Penal Code 22610.

Flying and Traveling Out of State

The TSA prohibits tasers in carry-on bags. You can pack one in checked luggage, but it has to be stored so it can’t discharge accidentally. Many tasers contain lithium batteries, which are subject to additional FAA packaging requirements, and the final call at the checkpoint always rests with the individual TSA officer.7Transportation Security Administration. Stun Guns/Shocking Devices

Taser laws also vary sharply between states. A device that’s legal in California may be illegal to possess where you land. Hawaii, Rhode Island, and several other states either ban or heavily restrict civilian taser ownership, so check the destination state’s rules before you pack.