Stun Gun and Taser Laws in New Jersey

New Jersey generally allows people who are over 18 to purchase and posses stun guns. But the state places important limits on this right—for example, people who've been convicted of certain crimes, or are subject to a restraining order for domestic violence, are barred from possessing stun guns and other weapons. In addition, anyone who uses (or plans to use) a stun gun to commit a crime risks additional fines and jail time. If you own a stun gun, or are thinking of getting one, you should understand how New Jersey law applies to you.

Are Tasers and Stun Guns Legal in New Jersey?

New Jersey law defines a stun gun as a weapon or device that sends out an electrical charge intended to disable someone. This definition applies to both Tasers and direct-contact stun guns. (Learn more about stun guns and Tasers, including how they work and the evolving law on these weapons in the U.S.)

It is legal for adults to purchase and own stun guns in New Jersey. This is true even though the state has a law on the books (N.J. Stat. § 2C:39-3(h)) that technically bars people from possessing stun guns. That law was invalidated in 2017 when a federal court declared that it violated the Second Amendment right to bear arms.

Because of this ruling, the law banning stun guns cannot be enforced, even though it remains in the state's criminal code. This is an unusual situation, but the New Jersey State Police confirm on their website that it is legal to buy and possess a stun gun in the state.

The ruling invalidating New Jersey's stun gun ban also said that the state could make its law constitutional by setting reasonable limits on stun gun possession, instead of banning them completely. But, as of early 2025, the state still had not revised the law to make it constitutional. So, the broad ban remains unenforceable. But other New Jersey laws place limits on the possession and use of stun guns. We'll discuss these rules below.

(N.J. Stat. § 2C:39-1(t) (2024); New Jersey Second Amendment Soc. v. Porrino, Consent Order, 3:16-CV-04906 (U.S.D.C. N.J. 2017).)

Can Minors Legally Possess Stun Guns?

In short, no. In 2018, New Jersey made it illegal for anyone younger than 18 to possess a stun gun. Many states have similar limits regarding minors and weapons, and those laws are usually considered constitutional. If a minor is found with a stun gun in New Jersey, the police will simply take it away.

(N.J. Admin. Code § 13:54-5.8 (2024).)

Is It Legal to Use a Stun Gun for Self-Defense in New Jersey?

Using a stun gun in genuine self-defense is probably legal in New Jersey. The U.S. Supreme Court has ruled that stun guns are protected under the Second Amendment, and that people have a right to bear arms for self-defense. In addition, under New Jersey's criminal code, you can legally use force to defend yourself against another person's illegal use of force.

There are important limits on your right to self-defense. For example:

• Your use of force must be proportional. Under New Jersey law, you cannot use more force than is "immediately necessary" to defend yourself.
• Your use of force must be reasonable. New Jersey police and courts will ask whether a reasonable person, faced with the same situation, would have felt the need to use the same amount of force to defend themselves.

In addition, a person's right to self-defense is extremely limited if they are:

• being arrested by the police, or
• being removed from private property for trespassing.

(N.J. Stat. § 2C:3-4 (2024).)

Misusing a Stun Gun Can Still Be a Crime

Even though stun guns are legal in New Jersey, using one can still land you behind bars. For example, using a stun gun on someone when it's not in self-defense can result in an assault conviction.

It is also illegal to have a stun gun for an unlawful purpose. So, if someone plans to use their stun gun to commit a crime, they can be convicted of both the crime in question and unlawful possession of a weapon. It is a third-degree offense (similar to a mid-level felony in other states) to possess a stun gun with a plan to use it to commit a crime against a person or their property. (N.J. Stat. § 2C:39-4(d) (2024).)

Who Can Be Barred From Possessing a Stun Gun in New Jersey?

While adults are generally allowed to own stun guns and Tasers, it is still a crime under New Jersey law for certain people to possess these weapons.

People convicted of certain crimes. It is illegal to possess a stun gun, a firearm, or any other weapon if you've been convicted of committing (or attempting to commit) offenses including:

• aggravated assault
• homicide
• robbery, and
• sexual assault.

You don't have to commit a violent crime against another person to lose your right to carry a stun gun. For example, you cannot possess a stun gun if you've been convicted of arson, extortion, making criminal threats, or unlawful possession of a gun. (N.J. Stat. § 2C:39-7(a) (2024); N.J. Stat. § 2C:39-1(r)(4) (2024).)

Some mentally ill people. A person who has been committed for a mental disorder may not possess a stun gun or other weapon. However, this restriction can be lifted if the person has proof (for example, a certificate from a psychiatrist or physician) that they can now handle a weapon safely. (N.J. Stat. §§ 2C:39-7(a), 2C:39-1(r) (2024).)

People suspected of committing domestic violence. If a police officer arrests someone for committing domestic violence, they will also search for and seize any weapon they believe could be used to seriously injure the victim. (N.J. Stat. Ann. § 2C:25-21(d) (2024).

In addition, family court judges in New Jersey have the power to issue temporary restraining orders (TROs) against people they believe have committed domestic violence. This does not require a criminal conviction--a judge can issue a TRO after holding a hearing and weighing the evidence. Under New Jersey law, a TRO can include an order forbidding the alleged abuser from possessing weapons like firearms or stun guns. (N.J. Stat. Ann. § 2C:25-28(j) (2024).)

Possessing a stun gun in violation of a TRO is a fourth-degree offense (like a low-level felony in other states) and could result in fines or jail time. (N.J. Stat. §§ N.J. Stat. § 2C:29-9 (2024).)

Getting More Information and Legal Help

Local regulations on stun guns and Tasers may be stricter than New Jersey state law. If you have questions about legally owning, carrying, or using one of these weapons where you live, you can check with your local law enforcement agency or a local lawyer. If you're facing charges for using or possessing a stun gun or Taser, you should strongly consider consulting with a qualified criminal defense attorney as soon as possible.