Stun Gun and Taser Laws in Texas

Texas does not have a law regulating the purchase or possession of stun guns and Tasers. But state law still limits when and how you can use one of these weapons. Texans across the state could face criminal charges for misusing a stun gun, and should make sure they know how state law and local regulations apply to them.

Are Tasers and Stun Guns Legal in Texas?

Stun guns and Tasers deliver an electric current that can incapacitate someone temporarily. While stun guns only shock the target on direct contact, Tasers work from a distance by shooting darts attached to wires; the electrical current passes through the wires and disrupts the target's neuromuscular system. (Taser is a brand name that has become the popular term for these weapons.)

Texas has no laws prohibiting its residents from buying, possessing, or carrying stun guns or Tasers. As the state's Department of Public Safety notes on its website, it is legal to carry a Taser or stun gun in Texas and you do not need a special certification or permit. The open and concealed gun carry laws in Texas apply only to firearms, which state law defines in a way to exclude stun guns and Tasers. (Tex. Penal Code § 46.01 (2025).)

Can I Use a Taser for Self-Defense?

Texas, like all states, allows people to use force to defend themselves, their property, and other people in certain situations. This can include the use of a stun gun or Taser in self-defense.

Texas law defines when and how you can legally use force in self-defense:

• You must be defending against another person's use (or attempted use) of unlawful force.
• The other person must pose an immediate threat.
• You can't use more force than is necessary to protect yourself.

Your use of force must also be reasonable. This can be a difficult judgment to make, but Texas police and courts try to decide whether a reasonable person in your situation would have behaved the same way you did. In general, it is reasonable to use force to defend yourself against a break-in, or a violent crime like murder, sexual assault, robbery, or kidnapping. On the other hand, you cannot claim you were acting in self-defense if you:

• provoked the other person
• were responding to a purely verbal provocation, or
• resisted an arrest or a police search.

(Tex. Penal Code § 9.31 (2025).)

Texas Is a "Stand Your Ground" State

Note that Texas does not require you to retreat in a situation where you're entitled to use force in self-defense. You can stand your ground and defend yourself as long as you:

• have a right to be present at the location where you use force
• did not provoke the person you use force against, and
• are not engaged in criminal activity.

(Tex. Penal Code § 9.31 (2025).)

Using a Stun Gun to Defend Another Person

Texas also allows you to use force to defend another person. The same basic rules that apply to self-defense also apply to defending another person. But the question becomes whether the person you were defending would have been legally allowed to use force in their own defense.

(Tex. Penal Code § 9.33 (2025).)

Using a Stun Gun to Protect Your Property

You can use force--including using a stun gun--if you believe it is "immediately necessary" to stop someone from trespassing or stealing your property. As with self-defense, your use of force must be reasonable and you may not use more force than necessary.

(Tex. Penal Code § 9.41 (2025).)

When Is It Illegal to Use a Stun Gun in Texas?

Only one criminal law in Texas refers specifically to stun guns (defined in a way that applies only to Taser-type devices). It is a felony to take away (or try to take away) a Taser from a police officer or other law enforcement agent. Attempting to take a weapon from a law enforcement officer is a serious offense punishable by a jail or prison sentence. (Tex. Penal Code § 38.14 (2025).)

Despite the lack of other laws mentioning these electronic weapons, it still would be illegal to use a stun gun or Taser to commit a crime. The legal definition of a "deadly weapon" in Texas includes anything capable of causing death or serious bodily injury, either by design or in the way it's used. Although Tasers and stun guns are considered less-lethal weapons, they can cause injury or even death in some cases. So, for example, you could potentially face sentencing enhancements for brandishing or using a Taser while assaulting or kidnapping someone. (Tex. Penal Code §§ 1.07; 22.02 (2025).)

Also, under Texas's deadly conduct law, it's a crime to put someone else in immediate danger of serious injury—except in self-defense or to defend someone else. So, you risk prison time if you hurt someone with a stun gun without being able to show that you had a legal reason for doing it. (Tex. Penal Code § 22.05 (2025).)

Getting More Information and Legal Help

You can contact your local law enforcement agency to find out if there are any local ordinances or regulations that restrict the purchase, possession, or use of stun guns or Tasers. But if you're facing criminal charges that involve the use of one of these weapons, you should consult a criminal defense lawyer as soon as possible. A local attorney who's experienced in this area can help protect your rights and explain how courts and law enforcement agencies apply and interpret the law.