Michigan Law regarding Stun Guns and Tasers

Stun Guns refer to the handheld devices that deliver an electric shock by being triggered while the device is held against another person. Although similar to Stun Guns, Tasers are portable devices that are designed to propel a dart or other similar object carrying an electrical current.

Following a recent court ruling on the 2nd Amendment, Michigan law was amended to allow ordinary citizens to possess Tasers, so long as he/she has a valid concealed pistol license and training on the use of Tasers. However, Stun Guns remain illegal for ordinary citizens to possess under any circumstances.

Under Michigan law, both a stun gun and a taser are considered "a device that uses electro-muscular disruption technology" and “is capable of creating an electro-muscular disruption and is used or intended to be used as a defensive device capable of temporarily incapacitating or immobilizing a person by the direction or emission of conducted energy.” MCL 750.224a. 
 Stun Guns and Tasers are generally prohibited in Michigan. MCL 750.224a states that “a person shall not sell, offer for sale, or possess in this state a portable device or weapon from which an electrical current, impulse, wave, or beam may be directed, which current, impulse, wave, or beam is designed to incapacitate temporarily, injure, or kill.” Unlawful possession of such a device is a felony punishable by up to 4 years and/or $2000.00 and forfeiture of the device. However, if properly trained, the following may possess them: peace officers, local or state corrections officers, probation officers, court officers, private investigators, etc.
However, with regard to ordinary citizens, the Michigan Court of Appeals forced an exception to this law when it held that “[t]he Second Amendment explicitly protects the right to "carry" as well as the right to "keep" arms. Likewise, the Michigan Constitution specifically allows citizens to "bear" arms for self-defense. We therefore conclude that a total prohibition of the open carrying of protected arms such as a Taser or stun gun is unconstitutional.” People v. Yanna, 297 Mich. App. 137, 146.

It was after this ruling that the law was amended, as indicated above.

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