Are Stun Guns Legal in Ohio?
Ohio has maintained fairly relaxed laws when it comes to personal weaponry, valuing the deep and vital tradition of self protection. Stun guns and certain Tasers are defined as "weapons" under the updated Ohio Revised Code 2923.11, but they are not illegal. Section 2923.20 prohibits certain kinds of weaponry.
Ohio’s current laws regarding stun guns and certain tasers are the following:
RC 2923.12
(A) (1) No person shall possess any of the following:
(2) The prohibitions contained in division (A)(1) of this section do not apply to any of the following:
RC 2923 . 13
(A) No person shall knowingly acquire, have, carry, or use any of the following:
(B) Division (A) of this section does not apply to any of the following:
The use of tasers and stun guns for self-defense is a matter of controversy that elicits numerous and opposite opinions. There are few states that outright ban stun guns and tasers, and fewer that allow them for self-defense. However, Ohio permits their ownership.
According to statewide law, stun guns and certain tasers are legal to own and carry for personal protection. In addition, cities and metropolitan areas such as Columbus, Cincinnati and Cleveland (and others) are known to restrict the sale and carry of tasers and stun guns.
Stun Gun Permit Requirements
Ohio does not require residents to have a permit to purchase or carry a stun gun. However, it should be noted that there is a specific state law regarding age that proclaims that no one under twenty-one years of age can own, possess or purchase an electric weapon or device.
Some states can require permits or licenses specific to ownership, purchase and/or carry of stun guns and many will only issue them once a background check is conducted on the applicant. Ohio does not have any such laws.
Where You Can Carry a Stun Gun in Ohio
Stun guns are not permitted to be carried in a school safety zone, which is any school property or a school activity. Ohio Revised Code § 2923.122(A)(1). However, individuals with an exemption from the school carry ban have more freedom to carry a stun gun.
As discussed below, on October 4, 2016, Governor Kasich signed substitute House Bill 48 and introduced new ORC § 2923.122. Section (B)(2) of this bill provides an exemption to the general carry ban:
(A) No person shall knowingly possess a firearm in a school safety zone.
(B) This section does not apply to any of the following:
…
(2) A peace officer or other person authorized by the board of education or governing board or chief administrator of the school with authority over the school safety zone while in the performance of the person’s duties;
…
(E) As used in this section:
(1) "School safety zone" means the area within one thousand feet of the premises of a:
(a) Public or nonpublic school that is in session or where school activities are taking place;
(b) Preschool or daycare center at which preschool or daycare services are being provided to children.
Since an exemption exists for schools, the next step in determining where a stun gun can be legally carried in Ohio is whether a stun cane can be carried on private property.
If you are on private property and the owner has given permission, it’s generally permissible to carry a stun cane on that property. For example, if you were going to attend a wedding and were invited to the event by the couple getting married, you would have permission to possess your stun cane while attending the wedding.
The only restriction on where stun devices are legally permitted or prohibited to be carried in Ohio is in a school safety zone.
Self-Defense Implications
The legality of stun guns in Ohio holds significant implications for their use in the context of self-defense. Ohio law permits individuals to use reasonable force when there is a belief that there is a threat of harm. Defining the line between reasonable and excessive force is subjective, but many cases have found that a stun gun is at worst "slightly about the upper limit of reasonable force" in a home invasion situation. Even where a stun gun is used to help a person flee from an attacker without physical harm to the attacker, self-defense laws classifies this as a type of self-defense. Due to the gap in time between the application and effect of a stun gun, bystanders must be made aware of its presence beforehand for them to avoid potential legal issues after the incident.
Because Ohio’s statutory language on self-defense is extremely vague, citizens are advised to test their understanding of appropriate applications of stun guns in self-defense against the backdrop of the law. Ohio does not require people to file concealed carry licenses to carry stun guns or other electric weapons. In contrast with the strict federal limits on concealed carry weapons, Ohio law allows license holders to carry more weapons. Similarly, unlike some states, no state permit is needed to get a stun gun or electric weapon. However, allowing the open carrying of electric weapons has not gone without criticism. Where in the state of Ohio you intend to use a stun gun can affect the legality of its use. For a person’s use of a stun gun to be legally protected under Ohio law, that person must be in a public space or otherwise have permission of property owners prior to using it.
Ohio Revised Code (ORC) § 2901.09 protects certain uses of lethal force that can lead to serious injury being classified as a "justifiable use of deadly force" if they meet certain conditions. Ohio law also does not require property owners to have security measures before persons are charged with a crime for stealing their property. Ohio Revised Code (ORC) § 2901.12 allows homeowners to take reasonable steps to alleviate a potential trespassing situation without worrying about perception. However, civilians should not attempt to use lethal weapons after the intruder is fleeing. Much like its statutes on protecting property, Ohio law makes exceptions for self-defense if an individual is within their own home.
What Happens If You Use a Stun Gun Illegally in Ohio?
Penalties for the unlawful use of a stun gun or taser weapon include felony charges and strict fines. The severity of the crime will depend on whether you have a previous criminal record. If you have a carry permit, you may face stiffer penalties. An arrest under this law can cost you much more than your legal fees . There are hefty fines and charges, you can be stripped of your carry permit for life, and can even lose your job as a result of an arrest for illegal carry. You should hire a criminal defense attorney to fight for your right to bear arms and avoid losing your livelihood over a stun gun arrest.
Ohio Stun Guns vs. Tasers
Though commonly used interchangeably, tasers and stun guns are not the same devices and do have legal differences. Both discharge electrical current into an assailant or malicious person, but a taser can launch electrodes at a distance and consist of multiple electrical terminals, while a stun gun only possesses one terminal emitting a charge on contact. These differences play an important role in determining the charges you could face if a stun gun or taser is discovered in your possession when stopped by police or wit the use of these weapons on a property owner. The TASER International website also distinguishes a taser from a stun gun by the simplicity of the device in operation. The taser is a registered trademark for an electronic control weapon (ECW) and is restricted for use by law enforcement only. The taser ECW can be programed to use a law enforcement network and can operate only in five-second increments. Due to the five-second limit, the taser devices remain under the Class C weapons category while the stun gun weapons remain under Class D.
Upcoming Changes to the Stun Gun Laws in Ohio
While the current laws are what residents of Ohio are subject to right now, that doesn’t mean there won’t be changes in the future or potential legislative discussions about change. In 2019, Melanie’s Law was passed and amended Ohio law as it pertains to lethal weapons like stun guns, stun belts, and other electronic weapons. Under this legislation, if a person is convicted of certain offenses like sex offenses or stalking, then they don’t have the right to "possess, deliver, convey, or cause to be conveyed an electronic weapon or an object indistinguishable from or closely related to an electronic weapon to a detention facility."
That said, the Bill that passed the Ohio House that would legalize stun guns statewide has been stalled in the Senate for over three years . If state legislation does not pass legalizing stun guns, then some counties may eventually pass their own laws allowing them again. Right now, though, Governor Mike DeWine has continued to sit on the fence and has not answered directly whether he intends to sign the stun gun legalization bill into law in Ohio.
In addition to statewide law, there are also some pending legislative changes at the county level in Ohio. While the state law prevents people from using electric weapons in county facilities like jails, because jurisdictions can pass laws more strict than the state law, there are some counties that may try to add further restrictions on electric weapons use or ownership in their local municipalities.