A stun gun (popularly also known as a Taser, the main maker of stun guns) is a device which, through the application or use of electrical current, is designed or intended to be used for offensive or defensive purposes, the destruction of life, or the infliction of injury. This includes any device having one or more darts that is capable of delivering an electrical current.
(Fl. Stat. Ann. § 790.001.)
This article describes Florida 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 Florida
In Florida, most people may purchase, possess (openly or concealed), or use a nonlethal stun gun for self-defense without obtaining a permit. However, you may not purchase, possess, or use a stun gun if you are:
- a convicted felon, or
- convicted of a juvenile crime that would have been a felony had it been committed by an adult, and you are under the age of 24.
(Fl. Stat. Ann. §§ 790.01, 790.053, 790.23.)
Florida law also limits minors’ possession of stun guns. Those under the age of 16 may not possess or use a stun gun without parental consent and adult supervision. Adults who knowingly permit a child to use or possess a stun gun without adult supervision are guilty of a second degree misdemeanor.
(Fl. Stat. Ann. § 790.022.)
Situations or Circumstances Where Carrying a Stun Gun is Illegal
It is illegal to carry a stun gun for purposes other than self-defense (with greater penalties for concealed carry than for open carry).
(Fl. Stat. Ann. §§ 790.01, 790.053.)
It is also illegal to carry or use a stun gun at a school-sponsored event or on the property of any school, school bus, or school bus stop. For purposes of this law, “school” means any public or private preschool, elementary school, middle school, junior high school, secondary school, career center, or postsecondary school. Peace officers and specified others are exempt from these rules. Violation of these rules is a third degree felony.
(Fl. Stat. Ann. § 790.115.)
Assaults Using a Stun Gun
Anyone who uses a stun gun to assault a peace officer engaged in the performance of his or her duties commits a third degree felony, punishable by a fine of up to $5,000, up to five years in prison, or both.
(Fl. Stat. Ann. § 790.054.)
Penalties for Stun Gun Carry Violations
It is a second degree felony to purchase, possess, or use a stun gun if you are a convicted felon; or for anyone while on school property. Penalties include a fine of up to $10,000, up to 15 years in prison, or both.
(Fl. Stat. Ann. §§ 790.023, 775.082, 775.083.)
Openly carrying a stun gun for purposes other than self-defense is a second degree misdemeanor, which incurs a fine of up to $500, up to 60 days in jail, or both.
(Fl. Stat. Ann. §§ 790.053, 775.082, 775.083.)
Concealed carry for non-self-defense purposes is a first degree misdemeanor. Penalties include a fine of up to $1,000, up to one year in jail, or both.
(Fl. Stat. Ann. §§ 790.01, 775.082, 775.083.)
Getting Legal Help
If you have any questions about whether you are allowed to purchase, carry, or use a gun in Florida, or if you are facing charges for a stun gun violation, consult a qualified criminal defense lawyer.