Stun Gun Laws in Delaware

Learn about stun gun laws as well as possession requirements in Delaware.

A stun gun (popularly also known as a Taser, the main maker of stun guns) is an electronic device designed to incapacitate a person, including but not limited to a neuromuscular incapacitation device.

(Del. Code Ann. tit. 11 § 222.)

This article describes Delaware law regarding who may not have a stun gun, and the circumstances or situations when carrying a stun gun is illegal in the state.

To learn more about how stun guns work, and how permitting laws vary by state, see  States Requiring a Stun Gun Permit.

People Who May Not Carry a Stun Gun in the Delaware

In Delaware, most people may purchase, possess (openly or concealed), or use a nonlethal stun gun for self-defense without obtaining a permit.

A number of cities  in Delaware  (such as  Wilmington and Newark) and counties (including  New Castle) have banned the possession or use of a stun gun, so be sure to check with your local municipality for stun gun regulations in your area.

Situations or Circumstances Where Carrying a Stun Gun is Illegal

It is illegal to carry a concealed stun gun for an unlawful purpose or to threaten or cause physical injury.

(Del. Code Ann. tit. 11 § § 222, 1443.)

Assaults Using a Stun Gun

Anyone who uses a stun gun to physically injure another person commits a Class D felony, punishable by a fine, up to eight years in prison, or both.

(Del. Code Ann. tit. 11 § 612, 4205.)

Anyone who uses a stun gun to physically injure a peace officer, security officer, firefighter, or paramedic during the performance of his or her duty commits a Class C felony, punishable by a fine, up to 15 years in prison, or both.

(Del. Code Ann. tit. 11 § 612, 4205.)

Penalties for Stun Gun Carry Violations

It is a Class A misdemeanor to carry a concealed stun gun for an unlawful purpose. Penalties include a fine of up to $2,300, up to one year in jail, or both.

(Del. Code Ann. tit. 11 § § 222, 1443, 4206.)

Getting Legal Help

If you have any questions about whether you are allowed to purchase, carry, or use a gun in Delaware, or if you are facing charges for a stun gun violation, consult a qualified criminal defense lawyer.

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