Wednesday, August 27, 2008
Disclamer
This site was made to share information and to show you what's available to help you in a dire situation.
So - please read the postings and comments contained on this site - but I nor anyone who comments on here responsible if you misunderstand or misinterpret any portion of this site or use it for any thing other than it's intent - which is to gain information.
I strongly encourage you to look into a self defense training system in you community and as always, don't be a hero - call 911 and let the police handle the situation.
Baton Laws
- California
- Massachusetts
- New York
- Washington DC
As you'll see in most any state listed on this site any impact device carried with the intent to be used as a weapon can be interpreted as a billy club.
The above list is the locations where I have found specific laws prohibiting the carrying of expandable (ASP type) batons by non Law Enforcement Personnel.
Stun Device Laws
- HAWAII
- MASSACHUSETTS
- MICHIGAN
- NEW JERSEY
- NEW YORK
- RHODE ISLAND
- WISCONSIN
CITIES WHERE AIR TASERS ARE RESTRICTED:
- ANNAPOLIS, MD
- BALTIMORE, MD
- BALTIMORE COUNTY, MD
- CHICAGO, IL
- DENSION, IA / CRAWFORD COUNTY (*According to Sheriff Tom Hogan*)
- DISTRICT OF COLUMBIA
- PHILADELPHIA
COUNTRIES WHERE AIR TASERS ARE RESTRICTED
- AUSTRALIA
- BELGIUM
- CANADA
- DENMARK
- HONG KONG
- INDIA (POLICE USE ONLY)
- ITALY
- JAPAN
- NEW ZEALAND
- NORWAY
- SWEDEN
- SWITERLAND
- UNITED KINGDOM
NOTE THAT LASER POINTERS ARE ILLEGAL IN THE FOLLOWING AREAS:(Source is 9-16-98 USA TODAY, most of the laws require the owner to be 18 years old)
- CHICAGO RIDGE, IL
- OCEAN CITY, MD
- WESCHESTER COUNTY, NY
- VIRGINIA BEACH, VA
This is directly from the taser site - No - It's not plagiarism - I'm a Taser Instructor.
Taser Weapons are legal in most areas, but it is your responsibility to know whether it is legal for you to own and possess in your specific geographical location. The guideline specified here is not a substitute for restrictions in your area, and we accept no responsibility for the accuracy of, and no responsibility for any omissions to the following list of laws, legislation and restrictions. Although this information is current to the best of our knowledge at the present time, you are solely responsible for knowledge of and compliance with the laws and restrictions in your area. If in doubt, check with your local law enforcement officials regarding specific restrictions in your area. Taser Weapons will not be shipped to NJ or Canada. There are also restrictions in HI, MA, MI, NY, RI, WI, and some other localities. Although Taser weapons are legal in most areas, it may not be legal to carry a Taser Weapon on your person or as a concealed weapon in some states, municipalities and public buildings. You should be aware of the restrictions in your area before carrying a Taser as a concealed weapon and before using it for anything other than household protection. Be familiar with the laws in your area before deciding to purchase a Taser. Please remember that you possess and use a Taser at your own risk. We assume no responsibility or liability for the possession or use of your Taser. When traveling by air, pack your Taser in with your checked luggage. Do not carry it onboard a flight or put it in your carry-on luggage. If you have any other questions not answered here, please write: info@taser.org or call 702-341-1620 or 1-800-352-5294 . A summary of state, city and country restrictions are listed at the bottom of the page. taser.org™ and Taserweapons.com™ are Trademarks of Internet Co.. ©1999-2005 All Rights Reserved
Pepper Spray Laws
- MASSACHUSETTS - Massachusetts residents may only purchase defense sprays from licensed Firearms Dealers in that state.
- MICHIGAN - OC Pepper Spray can be no stronger then a 2% concentrate. CS is the only Tear Gas accepted and can be no larger then 35 grams per can. No combination spray allowed. Check out our Michigan approved pepper sprays
- NEW YORK - New York residents may only purchase defense sprays from licensed Firearms Dealers or licensed Pharmacists in that state.
- NEW JERSEY - New Jersey residents may only purchase defense sprays from licensed Firearms Dealers or licensed Pharmacists in that state.
- WASHINGTON DC - Possession must be registered with the DC Metropolitan Police
- CALIFORNIA - It is illegal to purchase, posses, or use any pepper spray that contains more than 2.5 ounces net weight of aerosol spray
- WISCONSIN - Certain types of Pepper Spray are restricted. However, No Tear gas, or UV Dye or combination sprays. OC can be no stronger then a 10% solution. Can must be between 15-60 grams only. Must have safety feature.
Alabama
Alabama Legislature - Code of Alabama, Alabama Administrative Code - - State Gov. Operator 334-242-8000, Senate 334-242-7800, House 334-242-7600 - - Legislative Reference Service 334-242-7560, State Law Library 334-242-4347
Type of Weapon
- Pepper Spray - Yes
- Stun Guns and Tasers - Yes
- Batons - Yes
- Nunchucks - Yes
- Brass Nuckles - No
- Sling Shots - No
- Knives (All types) - Yes
- Throwing Stars and Knives - Yes
- Blowguns - Yes
- Swords - Unknown
- Cane Swords - Unknown
- Section 13A-3-26
Use of force in defense of property other than premises.
A person is justified in using physical force, other than deadly physical force, upon another person when and to the extent that he reasonably believes it to be necessary to prevent or terminate the commission or attempted commission by the other person of theft or criminal mischief with respect to property other than premises as defined in section 13A-3-20. - Section 13A-3-25
Use of force in defense of premises.
(a) A person in lawful possession or control of premises, as defined in Section 13A-3-20, or a person who is licensed or privileged to be thereon, may use physical force upon another person when and to the extent that he reasonably believes it necessary to prevent or terminate what he reasonably believes to be the commission or attempted commission of a criminal trespass by the other person in or upon such premises.
(b) A person may use deadly physical force under the circumstances set forth in subsection (a) of this section only:
(1) In defense of a person, as provided in Section 13A-3-23; or
(2) When he reasonably believes it necessary to prevent the commission of arson in the first or second degree by the trespasser. - Section 13A-3-24
Use of force by persons with parental, custodial or special responsibilities.
The use of force upon another person is justified under any of the following circumstances:
(1) A parent, guardian or other person responsible for the care and supervision of a minor or an incompetent person, and a teacher or other person responsible for the care and supervision of a minor for a special purpose, may use reasonable and appropriate physical force upon the minor or incompetent person when and to the extent that he reasonably believes it necessary and appropriate to maintain discipline or to promote the welfare of the minor or incompetent person.
(2) A warden or other authorized official of a jail, prison or correctional institution may, in order to maintain order and discipline, use whatever physical force is authorized by law.
(3) A person responsible for the maintenance of order in a common or contract carrier of passengers, or a person acting under his direction, may use reasonable physical force when and to the extent that he reasonably believes it necessary to maintain order, but he may use deadly physical force only when he reasonably believes it necessary to prevent death or serious physical injury.
(4) A person acting under a reasonable belief that another person is about to commit suicide or to inflict serious physical injury upon himself may use reasonable physical force upon that person to the extent that he reasonably believes it necessary to thwart the result.
(5) A duly licensed physician, or a person acting under his direction, may use reasonable physical force for the purpose of administering a reasonable and recognized form of treatment which he reasonably believes to be adapted to promoting the physical or mental health of the patient if:
a. The treatment is administered with the consent of the patient or, if the patient is a minor or an incompetent person, with the consent of his parent, guardian or other person responsible for his care and supervision; or
b. The treatment is administered in an emergency when the physician reasonably believes that no one competent to consent can be consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent.
Section 13A-3-23
Use of force in defense of a person.
(a) A person is justified in using physical force upon another person in order to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he may use a degree of force which he reasonably believes to be necessary for the purpose. A person may use deadly physical force if the actor reasonably believes that such other person is:
(1) Using or about to use unlawful deadly physical force; or
(2) Using or about to use physical force against an occupant of a dwelling while committing or attempting to commit a burglary of such dwelling; or
(3) Committing or about to commit a kidnapping in any degree, assault in the first or second degree, burglary in any degree, robbery in any degree, forcible rape or forcible sodomy.
(b) Notwithstanding the provisions of subsection (a), a person is not justified in using deadly physical force upon another person if it reasonably appears or he knows that he can avoid the necessity of using such force with complete safety:
(1) By retreating, except that the actor is not required to retreat:
a. If he is in his dwelling or at his place of work and was not the original aggressor; or
b. If he is a peace officer or a private person lawfully assisting a peace officer at his direction.
(2), (3) Repealed by Acts 1979, No. 79-599, p. 1060, §1.
(c) Notwithstanding the provisions of subsection (a), a person is not justified in using physical force if:
(1) With intent to cause physical injury or death to another person, he provoked the use of unlawful physical force by such other person; or
(2) He was the initial aggressor, except that his use of physical force upon another person under the circumstances is justifiable if he withdraws from the encounter and effectively communicates to the other person his intent to do so, but the latter nevertheless continues or threatens the use of unlawful physical force; or
(3) The physical force involved was the product of a combat by agreement not specifically authorized by law.
- Section 13A-6-27
Use of pepper spray, etc.
(a) The crime of criminal use of a defense spray is committed if the perpetrator uses a defense spray including, but not limited to pepper spray, foam and any other self-defense chemical spray against another person in the commission of a crime or against a law enforcement officer while the law enforcement officer is performing his or her official duties.
(b) Criminal use of a defense spray is a Class C felony. - Section 13A-11-54
Carrying rifle or shotgun walking cane.
Any person who carries a rifle or shotgun walking cane shall, on conviction, be fined not less than $500.00 nor more than $1,000.00, and be imprisoned in the penitentiary not less than two years. - Section 13A-11-53
Brass knuckles and slingshots.
Anyone who carries concealed about his person brass knuckles, slingshots or other weapon of like kind or description shall, on conviction, be fined not less than $50.00 nor more than $500.00, and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months. - Section 13A-11-50
Carrying concealed weapons.
Except as otherwise provided in this Code, a person who carries concealed about his person a bowie knife or knife or instrument of like kind or description or a pistol or firearm of any other kind or an air gun shall, on conviction, be fined not less than $50.00 nor more than $500.00, and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months.
Source: Jennings TKD
Alaska
Contents
Type of Weapon
- Pepper Spray - Yes
- Stun Guns and Tasers - Yes
- Batons -Yes
- Nunchucks - Yes
- Brass Nuckles - Yes
- Sling Shots - Yes
- Knives (All types) - Yes
- Throwing Stars and Knives - Yes
- Switchblades - No
- Blowguns - Yes
- Swords - Unknown
- Cane Swords - Unknown
How Hard You Can Hit
- Sec. 11.81.320. Justification: Necessity.
(a) Conduct which would otherwise be an offense is justified by reason of necessity to the extent permitted by common law when
(1) neither this title nor any other statute defining the offense provides exemptions or defenses dealing with the justification of necessity in the specific situation involved; and
(2) a legislative intent to exclude the justification of necessity does not otherwise plainly appear.
(b) The justification specified in (a) of this section is an affirmative defense. - Sec. 11.81.330. Justification: Use of nondeadly force in defense of self.
(a) A person may use nondeadly force upon another when and to the extent the person reasonably believes it is necessary for self defense against what the person reasonably believes to be the use of unlawful force by the other, unless
(1) the force involved was the product of mutual combat not authorized by law;
(2) the person claiming the defense of justification provoked the other's conduct with intent to cause physical injury to the other; or
(3) the person claiming the defense of justification was the initial aggressor.
(b) In circumstances described in (a)(1) - (a)(3) of this section, the person claiming the defense of justification may use nondeadly force if that person has withdrawn from the encounter and effectively communicated the withdrawal to the other person, but the other person persists in continuing the incident by the use of unlawful force. - Sec. 11.81.335. Justification: Use of deadly force in defense of self.
(a) Except as provided in (b) of this section, a person may use deadly force upon another person when and to the extent
(1) the use of nondeadly force is justified under AS 11.81.330 ; and
(2) the person reasonably believes the use of deadly force is necessary for self defense against death, serious physical injury, kidnapping, sexual assault in the first degree, sexual assault in the second degree, or robbery in any degree.
(b) A person may not use deadly force under this section if the person knows that, with complete personal safety and with complete safety as to others, the person can avoid the necessity of using deadly force by retreating, except there is no duty to retreat if the person is
(1) on premises which the person owns or leases and the person is not the initial aggressor; or
(2) a peace officer acting within the scope and authority of the officer's employment or a person assisting a peace officer under AS 11.81.380. - Sec. 11.81.340. Justification: Use of force in defense of a third person.
A person may use force upon another when and to the extent the person reasonably believes it is necessary to defend a third person when, under the circumstances as the person claiming the defense of justification reasonably believes them to be, the third person would be justified under AS 11.81.330 or 11.81.335 in using that degree of force for self defense. - Sec. 11.81.350. Justification: Use of force in defense of property and premises.
(a) A person may use nondeadly force upon another when and to the extent the person reasonably believes it is necessary to terminate what the person reasonably believes to be the commission or attempted commission by the other of an unlawful taking or damaging of property or services.
(b) A person may use deadly force upon another when and to the extent the person reasonably believes it necessary to terminate what the person reasonably believes to be the commission or attempted commission of arson upon a dwelling or occupied building.
(c) A person in possession or control of any premises, or an express or implied agent of that person, may use
(1) nondeadly force upon another when and to the extent the person reasonably believes it is necessary to terminate what the person reasonably believes to be the commission or attempted commission by the other of criminal trespass in any degree upon the premises;
(2) deadly force upon another when and to the extent the person reasonably believes it is necessary to terminate what the person reasonably believes to be a burglary in any degree occurring in an occupied dwelling or building.
(d) A person may use deadly force under circumstances described in (a) or (c)(1) of this section only when and to the extent the use of deadly force is justified under other sections of this chapter. - Sec. 11.81.370. Justification: Use of force by a peace officer in making an arrest or terminating an escape.
(a) In addition to using force justified under other sections of this chapter, a peace officer may use nondeadly force and may threaten to use deadly force when and to the extent the officer reasonably believes it necessary to make an arrest, to terminate an escape or attempted escape from custody, or to make a lawful stop. The officer may use deadly force only when and to the extent the officer reasonably believes the use of deadly force is necessary to make the arrest or terminate the escape or attempted escape from custody of a person the officer reasonably believes
(1) has committed or attempted to commit a felony which involved the use of force against a person;
(2) has escaped or is attempting to escape from custody while in possession of a firearm on or about the person; or
(3) may otherwise endanger life or inflict serious physical injury unless arrested without delay.
(b) The use of force in making an arrest or stop is not justified under this section unless the peace officer reasonably believes the arrest or stop is lawful.
(c) Nothing in this section prohibits or restricts a peace officer in preparing to use or threatening to use a dangerous instrument. - Sec. 11.81.380. Justification: Use of force by private person assisting an arrest or terminating an escape.
(a) Except as provided in (b) of this section, a person who has been directed by another who that person reasonably believes to be a peace officer to assist in making an arrest or terminating or preventing an escape may use nondeadly force when and to the extent the person reasonably believes it necessary to carry out the peace officer's direction. A person may use deadly force under this section only when the person reasonably believes it necessary to carry out the peace officer's direction to use deadly force.
(b) The use of force under (a) of this section is not justified if the person believes that the peace officer is not justified in using that degree of force under the circumstances. - Sec. 11.81.390. Use of force by a private person in making arrest or terminating an escape.
In addition to using force justified under other sections of this chapter, a person, acting as a private person, may use nondeadly force to make the arrest or terminate the escape or attempted escape from custody of a person who the private person reasonably believes has committed a misdemeanor in the private person's presence or a felony when and to the extent the private person reasonably believes it necessary to make that arrest or terminate that escape or attempted escape from custody. A private person may use deadly force under this section only when and to the extent the private person reasonably believes the use of deadly force is necessary to make the arrest or terminate the escape or attempted escape from custody of another who the private person reasonably believes
(1) has committed or attempted to commit a felony which involved the use of force against a person; or
(2) has escaped or is attempting to escape from custody while in possession of a firearm on or about the person. - Sec. 11.81.400. Justification: Use of force in resisting or interfering with arrest.
(a) A person may not use force to resist personal arrest or interfere with the arrest of another by a peace officer who is known by the person, or reasonably appears, to be a peace officer, whether the arrest is lawful or unlawful, unless
(1) the force used by the peace officer exceeds that allowed under AS 11.81.370;
(2) [Repealed, Sec. 1 ch 63 SLA 1982].
(b) The use of force justified under this section in resisting arrest or interfering with the arrest of another may not exceed the use of force justified under AS 11.81.330 or 11.81.335. - Sec. 11.81.410. Justification: Use of force by guards.
(a) In addition to using force justified under other sections of this chapter, a guard or peace officer employed in a correctional facility may, if authorized by regulations adopted by the Department of Corrections, use nondeadly force upon another person when and to the extent reasonably necessary and appropriate to maintain order.
(b) Except as provided in (c) of this section, a guard or peace officer employed in a correctional facility or a peace officer in the immediate vicinity of a correctional facility at the time of an escape from the facility may use deadly force when and to the extent the guard or peace officer reasonably believes it necessary to terminate the escape or attempted escape of a prisoner from the correctional facility.
(c) The use of deadly force under (b) of this section is not justified if the guard or peace officer knows that the prisoner was under official detention in the correctional facility on a charge of a misdemeanor and does not believe that the prisoner is armed with a firearm, in which event only nondeadly force may be used. - Sec. 11.81.420. Justification: Performance of public duty.
(a) Unless inconsistent with AS 11.81.320 - 11.81.410, conduct which would otherwise constitute an offense is justified when it is required or authorized by law or by a judicial decree, judgment, or order.
(b) The justification afforded by this section also applies when
(1) the person reasonably believes the conduct to be required or authorized by a decree, judgment, or order of a court of competent jurisdiction or in the lawful execution of legal process, notwithstanding lack of jurisdiction of the court or defect in the legal process; or
(2) the person reasonably believes the conduct to be required or authorized to assist a peace officer in the performance of the officer's duties, notwithstanding that the officer exceeded the officer's authority. - Sec. 11.81.430. Justification: Use of force, special relationships.
(a) The use of force upon another person that would otherwise constitute an offense is justified under any of the following circumstances:
(1) When and to the extent reasonably necessary and appropriate to promote the welfare of the child or incompetent person, a parent, guardian, or other person entrusted with the care and supervision of a child under 18 years of age or an incompetent person may use reasonable and appropriate nondeadly force upon that child or incompetent person.
(2) When and to the extent reasonably necessary and appropriate to maintain order and when the use of force is consistent with the welfare of the students, a teacher may, if authorized by school regulations and the principal of the school, use reasonable and appropriate nondeadly force upon a student. If authorized by school regulations and the principal of the school, a teacher may use nondeadly force under this paragraph in any situation in which the teacher is responsible for the supervision of students. A teacher employed by a school board, including a regional educational attendance area school board, may use nondeadly force under this paragraph only if the school regulations authorizing the use of force have been adopted by the school board.
(3) When and to the extent reasonably necessary and appropriate to maintain order, a person responsible for the maintenance of order in a common carrier of passengers, or a person acting under that person's direction, may use reasonable and appropriate nondeadly force.
(4) When and to the extent reasonably necessary to prevent a suicide, a person who reasonably believes that another is imminently about to commit suicide may use reasonable and appropriate nondeadly force upon that person.
(5) A licensed physician, licensed mobile intensive care paramedic, or registered nurse; or a person acting under the direction of a licensed physician, licensed mobile intensive care paramedic, or registered nurse; or any person who renders emergency care at the scene of an emergency, may use reasonable and appropriate nondeadly force for the purpose of administering a recognized and lawful form of treatment that is reasonably adapted to promoting the physical or mental health of the patient if
(A) the treatment is administered with the consent of the patient or, if the patient is a child under 18 years of age or an incompetent person, with the consent of the parent, guardian, or other person entrusted with care and supervision of the child or incompetent person; or
(B) the treatment is administered in an emergency if the person administering the treatment reasonably believes that no one competent to consent can be consulted under the circumstances and that a reasonable person, wishing to safeguard the welfare of the patient, would consent.
(b) A person who raises a defense under (a)(1) of this section and claims that the person upon whom force was used was an incompetent person has the burden of establishing by a preponderance of the evidence that, at the time force was used, the person upon whom the force was used was an incompetent person. - Sec. 11.81.440. Duress.
(a) In any prosecution for an offense, it is an affirmative defense that the defendant engaged in the proscribed conduct because the defendant was coerced to do so by the use of unlawful force upon the defendant or a third person, which force a reasonable person in the defendant's situation would have been unable to resist.
(b) The defense of duress is not available when one recklessly places oneself in a situation in which it is probable that one will be subject to duress. - Sec. 11.81.450. Entrapment.
In any prosecution for an offense, it is an affirmative defense that, in order to obtain evidence of the commission of an offense, a public law enforcement official or a person working in cooperation with the official induced the defendant to commit the offense by persuasion or inducement as would be effective to persuade an average person, other than one who is ready and willing, to commit the offense. Inducement or persuasion which would induce only a person engaged in an habitual course of unlawful conduct for gain or profit does not constitute entrapment. - Sec. 11.81.600. General requirements of culpability.
(a) The minimal requirement for criminal liability is the performance by a person of conduct that includes a voluntary act or the omission to perform an act that the person is capable of performing.
(b) A person is not guilty of an offense unless the person acts with a culpable mental state, except that no culpable mental state must be proved
(1) if the description of the offense does not specify a culpable mental state and the offense is
(A) a violation; or
(B) designated as one of "strict liability"; or
(2) if a legislative intent to dispense with the culpable mental state requirement is present. - Sec. 11.81.610. Construction of statutes with respect to culpability.
(b) Except as provided in AS 11.81.600 (b), if a provision of law defining an offense does not prescribe a culpable mental state, the culpable mental state that must be proved with respect to
(1) conduct is "knowingly"; and
(2) a circumstance or a result is "recklessly."
(c) When a provision of law provides that criminal negligence suffices to establish an element of an offense, that element is also established if a person acts intentionally, knowingly, or recklessly. If acting recklessly suffices to establish an element, that element also is established if a person acts intentionally or knowingly. If acting knowingly suffices to establish an element, that element is also established if a person acts intentionally. - Sec. 11.81.615. Offenses defined by age or value.
Whenever a provision of law defining an offense requires a determination of the age of the victim or the value of property or services, it is not a defense to the lowest class of offense established by the evidence that the age of the victim is less than the age which would make the offense a higher class of offense or that the value of the property or services exceeds the value which would make the offense a higher class of offense, and a person may be charged and convicted accordingly. - Sec. 11.81.620. Effect of ignorance or mistake upon liability.
(a) Knowledge, recklessness, or criminal negligence as to whether conduct constitutes an offense, or knowledge, recklessness, or criminal negligence as to the existence, meaning, or application of the provision of law defining an offense, is not an element of an offense unless the provision of law clearly so provides. Use of the phrase "intent to commit a crime", "intent to promote or facilitate the commission of a crime", or like terminology in a provision of law does not require that the defendant act with a culpable mental state as to the criminality of the conduct that is the object of the defendant's intent.
(b) A person is not relieved of criminal liability for conduct because the person engages in the conduct under a mistaken belief of fact, unless
(1) the factual mistake is a reasonable one that negates the culpable mental state required for the commission of the offense;
(2) the provision of law defining the offense or a related provision of law expressly provides that the factual mistake constitutes a defense or exemption; or
(3) the factual mistake is a reasonable one that supports a defense of justification as provided in AS 11.81.320 - 11.81.430. - Sec. 11.81.630. Intoxication as a defense.
Voluntary intoxication is not a defense to a prosecution for an offense, but evidence that the defendant was intoxicated may be offered whenever it is relevant to negate an element of the offense that requires that the defendant intentionally cause a result.
Source: Jennings TKD
