The legal landscape regarding the use of stun guns and Tasers in Colorado can be quite confusing. This article aims to clarify the state’s regulations for those considering these devices for self-defense.
What is a Stun Gun?
Stun guns and Tasers deliver a high-voltage electric shock, temporarily incapacitating an attacker by causing a loss of muscle control. The key difference lies in their range: stun guns require direct contact, while Tasers can be used from a distance of up to 15 feet.
Stun Guns:
- Direct contact needed.
- Deliver 100,000 to 4.5 million volts.
- The “contact points” are at the end of the device, requiring close proximity to the threat.
Tasers:
- Can be used from up to 15 feet away.
- Deliver up to 50,000 volts.
- Expel electrodes (small darts or probes attached to thin, flexible wires) that can deliver multiple bursts of electricity, disrupting the human neuromuscular system.
Colorado Law on Stun Guns
Stun guns and Tasers are not classified as firearms in Colorado, meaning no permit is required for ownership. According to Colorado law (Colo. Rev. Stat. § 18-12-101), a stun gun is defined as:
“A device capable of temporarily immobilizing a person by inflicting an electrical charge.”
Illegal Use of a Stun Gun:
Under Colorado law (18-12-106.5), illegal use of a stun gun is a class 5 felony. This occurs if a person:
- Knowingly and unlawfully uses a stun gun during the commission of a criminal offense.
The penalty for this felony ranges from one to three years in prison, with a mandatory two years of parole, and fines from $1,000 to $100,000.
Defining “Use” in Colorado Law
The term “use” in relation to stun guns has been subject to various interpretations. In a notable case, the term “uses” was defined in a jury instruction to include not only the physical application of the stun gun but also holding it in a threatening manner that causes fear.
The Colorado Court of Appeals further expanded this definition in People v. Wheeler (170 P.3d 817, Colo.App. Div. 6, 2007). The court stated that “use” could mean:
- Discharging the stun gun.
- Displaying it in a manner that causes fear, providing an advantage or benefit during the commission of a crime.
Thus, “uses” does not necessarily mean the stun gun must be discharged; it includes the threatened use of the weapon. The statute creates a separate crime whenever a stun gun facilitates the commission of a predicate offense, regardless of whether it is discharged.
Examples of similar interpretations in other Colorado laws include:
- False Imprisonment (Section 18-3-303(2)(a), C.R.S.): “Uses force or threat of force to confine.”
- Sexual Assault (Section 18-3-402(5)(a)(III), C.R.S.): “Armed with a deadly weapon… and uses the deadly weapon … to cause the submission of the victim.”
- Robbery (Section 18-4-301(1), C.R.S.): “Use of force, threats, or intimidation.”
- Felony Menacing (Section 18-3-206(1)(a)): Menacing is a felony if committed “[b]y use of a deadly weapon.”
Using Stun Guns in the Commission of a Crime
For the use of a stun gun to be considered illegal, it must be used in the commission of a crime. The most common lawful use is self-defense. If a stun gun is used for self-defense, and no other crime is committed, it does not constitute an illegal act.
Example:
If charged with assault for using a stun gun, proving it was used in self-defense could result in acquittal, as self-defense negates the criminal element of assault.
Because using a stun gun in Colorado is ONLY illegal if you use it to commit a criminal offense, a successful defense to Colorado stun gun charges establishes that the use of the stun gun did not result in the commission of what is called a “predicate offense.”
If a crime is “predicated” on something else, it is based on that thing and can only occur because of that thing. There can be no felony stun gun crime unless the stun gun is used to commit a completely separate crime.
Stun Guns and the Second Amendment
The legality of stun guns under the Second Amendment has been reinforced by court decisions. In 2016, the U.S. Supreme Court struck down a Massachusetts ban on stun guns, affirming that the Second Amendment applies to modern weapons not available in the 18th century (Caetano v. Massachusetts).
The Supreme Court dismissed a Massachusetts state ban on stun guns. Massachusetts argued, on appeal, that stun guns were not protected under the Second Amendment because they were “unusual” and were not in “common use” when the Second Amendment was enacted.
More specifically, Massachusetts argued they were not only not in common use at the time of the Second Amendment’s enactment they were “dangerous per se” at common law, unusual, and not “readily adaptable to use in the military.”
The Caetano Court held, as the Supreme Court (as it has had held in a previous case – the Heller case below), that the Second Amendment may be applied to weapons that weren’t in existence in the 18th century.
In District of Columbia v. Heller, 554 U.S. 570 (2008), the United States Supreme Court held that the Second Amendment’s protection of “the right of the people to keep and bear arms . . . confers an individual right to possess and carry weapons.”
While not holding that stun guns came under the specific protections of the Second Amendment, the Court did find that a complete ban on the weapon as was the case in Massachusett, was unconstitutional.
Three years later, in 2019, the Illinois Supreme Court went the extra mile and not only held that Illinois’s complete ban on stun guns and Tasers was unlawful, the ban, specifically violated Second Amendment protections. See People v. Webb, 131 N.E.3d 93 (Ill. Sup. Ct. 2019 – the protection “extends . . . to . . . arms . . . that were not in existence at the time of the founding.”
Summary and Conclusion – When Can You Lawfully Use Stun Gun in Colorado? 18-12-106.5 CRS
In Colorado, owning and using a stun gun for self-defense is legal. However, like all other weapons, stun guns cannot be used in the commission of a crime, any crime.
The use of a stun gun, either discharged or used in another way, to commit even the simplest criminal act in Colorado means the possibility of being charged with a class 5 felony.
By understanding these legal nuances and ensuring that stun guns are used strictly for self-defense, individuals can protect themselves while staying within the bounds of the law.
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