Stun Gun Laws in Georgia

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

A stun gun (popularly also known as a Taser, the main maker of stun guns) is any device, powered by electrical charging units, that emits an electrical charge in excess of 20,000 volts or is otherwise capable of incapacitating a person by an electrical charge.

(Ga. Code Ann. § 16-11-106.)

This article describes Georgia state 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 Georgia

In Georgia, most people may purchase, openly possess, or use a nonlethal stun gun for self-defense without obtaining a permit. However, you may not purchase, possess, or use a projectile stun gun if you are a convicted felon. For information on concealed carry laws in your county, contact your local law enforcement agency.

(Ga. Code Ann. § 16.11.131.)

Situations or Circumstances Where Carrying a Stun Gun is Illegal

It is illegal to carry or use a stun gun in a school safety zone, at a school function, or on a school bus. For purposes of this law, a school safety zone means any real property owned by or leased to any public or private elementary school, secondary school, technical school, vocational school, college, university, or post-secondary school. Peace officers and specified others are exempt from these rules. A non-student over the age of 21 may possess a licensed stun gun in a school safety zone while dropping off, transporting, or picking up a student, provided that the stun gun is secured in a locked container in his or her vehicle.

(Ga. Code Ann. § 16-11-127.1.)

Assaults Using a Stun Gun

Anyone who uses a stun gun as an offensive weapon to assault another person commits the felony of aggravated assault, which is punishable by one year (and up to 20 years) in prison. If the assault occurs under specific circumstances, the penalties increase.

  • Against a peace officer, correctional officer, or officer of the court: punishable by five years (and up to 20 years) in prison.
  • Against a person 65 or older: punishable by three years (and up to 20 years) in prison.
  • On a public transit vehicle or station: punishable by three years (and up to 20 years) in prison.
  • While unlawfully taking cargo from a commercial transport vehicle: punishable by five years (and up to 20 years) in prison, a fine of $50,000 (and up to $200,000), or both.
  • Discharging a stun gun at another person while in a moving vehicle: punishable by five years (and up to 20 years) in prison.
  • Against a student or teacher in a school safety zone: punishable by five years (and up to 20 years) in prison.
  • Against a current or former spouse or offspring, including stepchildren, adopted children, and foster children: punishable by three years (and up to 20 years) in prison.
  • Against a child under 14 with the intent to rape the victi:; punishable by 25 years (and up to 50 years) in prison.

(Ga. Code Ann. § 16-5-21.)

Anyone who possesses or uses a stun gun to hijack a motor vehicle is guilty of a felony, punishable by a fine of $10,000 (and up to $100,000), ten years (and up to 20 years) in prison, or both. Subsequent hijacking offenses result in a higher fine and longer prison sentence.

(Ga. Code Ann. § 16-5-44.1.)

Anyone who uses a stun gun to forcibly take property from another is guilty of a felony, punishable by death, life in prison, or 10 years (and up to 20 years) in prison, depending on circumstances surrounding the armed robbery.

(Ga. Code Ann. § 16-8-41.)

Penalties for Stun Gun Carry Violations

It is a felony for a convicted felon to possess or own a projectile stun gun; penalties include one year (and up to five years) in prison.

(Ga. Code Ann. § 16.11.131.)

It is a felony to possess or use a stun gun during the commission, or attempted commission, of:

  • any crime against another (like battery, assault, rape)
  • unlawful entry into a building or vehicle
  • theft from a building or vehicle
  • possessing, selling, or intending to distribute any controlled substance, uncontrolled substance, marijuana, or counterfeit substance, or
  • any crime involving the trafficking of illegal drugs.

Penalties include up to five years in prison for a first offense, and up to 10 years in prison for subsequent violations. Felons with a previous conviction for serious offenses (murder, kidnapping, felonies involving the use of a firearm) are subject to 15 years in prison for a first offense and life in prison for subsequent violations.

(Ga. Code Ann. §§ 16-11-106, 16-11-133.)

It is illegal to carry or use a stun gun in a school safety zone, at a school function, or on a school bus, and even licensed stun gun holders are guilty of a misdemeanor for violating the law. Penalties include a fine of up to $1,000, up to one year in jail, or both. Unlicensed stun gun holders are guilty of a felony for violating the law. Penalties include a fine of up to $10,000, two (and up to 10) years in prison, or both. When a child is found guilty of possessing a stun gun on school grounds, the court has discretion to select an appropriate treatment and rehabilitation sentence.

(Ga. Code Ann. § 16-11-127.1.)

Getting Legal Help

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

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