Taser gun laws and restrictions?

Question

My mom got into an argument with a lady at work who boasted about being in jail and threatened to wait outside for my mom to get off so that she could "pull her down by her hair" and what-not (she didn't by the way). So now my mom's all worried and wants to get a taser but is worried about lawsuit type things. Does anyone know anything about this, like say for example she gets attacked and no one sees it and she uses a taser... could she get sued for that? Could you help me find websites that would tell me more about this type of thing?

P.S.
We live in California

Many of you are recommending pepper spray... are there any ways you can get sued for using that? Like say with the same situation I said above about the taser, but with pepper spray instead.

Answer 1

You live in a Communist State. No matter how justified, if you harm a violent criminal, you will be in court. Expect to spend about $30k or more on attorneys.

Get pepper spray. Even then, be aware that it is ineffective against a large portion of the population, especially hispanics who eat a lot of peppers. I'm not kidding.

Yes, you can also be sued for using pepper spray. However, it is much harder for the criminal's lawyers to try and claim you had malicious intent in doing so, since you will not be doing physical harm.

Answer 2

You can get sued any time by any one for any reason (whether the reason is valid or not). If there were no other witnesses present and your mother tazered or pepper sprayed someone that was attacking her, then it would come down to just your mother's word against the attackers. It is then up to a jury to decide the facts of the case.

Some people have mentioned that California is more restrictive then other states. I know that is true. I know that there is a civilian version of the tazer that is manufactured and sold, but I would be surprised if California allows tazers sold. But maybe I am wrong. The bottom line is that I would be very careful in California as the self-defense/weapons laws are pretty "nutty" when compared to other parts of the country.

Answer 3

Pepper spray is cheaper and easier to use. Just make sure wind is not blowing it in your direction when it is sprayed.

By the way, Pelosi-type liberals in California want to ban the use of tasers in California, including for consumers.

Here is one comment from a California politician.
http://democrats.assembly.ca.gov/members/a13/press/20070110AD13PR01.htm

About suing, you can be sued for nearly anything. Pepper spray can only be used for self-defense and nothing else. If the person is not coming at your mother in a extremely threatening manner then it is best not to use it.

Answer 4

Forget the Tazer. You only get one shot with the thing, miss and you got nothing.

Get some pepper spray. Stuff is real effective and can be bought for about $10 instead of a couple hundred for a Tazer.

Answer 5

Tasers are considered firearms in California, and are regulated the same way. However, stun guns (which do not shoot out a projectile) are legal to possess, and to use in self-defense. (See Cal. Penal Code sec. 12650, and following.)

Answer 6

Hopefully your mother has documented the threat via a police report or incident report at work, both legally binding documents, if she has then any kind of lawsuit she would have evidence that this act was purely self defense.

Answer 7

Instead of a taser, which *can* kill, I'd recommend a spray can of mace. Very effective and rarely if ever lethal.

Answer 8

To bad you live in Ca. They have some very strict laws about any type weapons to protect yourself.
Its best to talk with a local law enforement agency.

Or you could move to Ok. where they have a law called " Make My Day Law" yes its named after you governor.
It has been used several times in Ok. to shoot thugs who break into your home. Nobody has been in jail yet.
If they come in your door, they belong to you.
You can always get a "permit to Carry" in Ok. too.
Take a test, go to range, carry a gun with a permit. No problem. But that will never happen in alfornia where everyone is losing there liberties.
Maybe she can carry pepperspray, you would have to check with police. But being in Ca, I doubt it.

Answer 9

Taser guns are only allowed for use by law enforcers in job related activities.

Answer 10

Beware that California regulates pepper spray as "tear gas," restricting its possession and use under at least the following sections of the California Penal Code:

12403.7. Notwithstanding any other law, any person may purchase,
possess, or use tear gas and tear gas weapons for the projection or
release of tear gas if the tear gas and tear gas weapons are used
solely for self-defense purposes, subject to the following
requirements:
(a) No person convicted of a felony or any crime involving an
assault under the laws of the United States, the State of California,
or any other state, government, or country or convicted of misuse of
tear gas under subdivision (g) shall purchase, possess, or use tear
gas or tear gas weapons.
(b) No person who is addicted to any narcotic drug shall purchase,
possess, or use tear gas or tear gas weapons.
(c) No person shall sell or furnish any tear gas or tear gas
weapon to a minor.
(d) No person who is a minor shall purchase, possess, or use tear
gas or tear gas weapons.
(e) (1) No person shall purchase, possess, or use any tear gas
weapon that expels a projectile, or that expels the tear gas by any
method other than an aerosol spray, or that contains more than 2.5
ounces net weight of aerosol spray.
(2) Every tear gas container and tear gas weapon that may be
lawfully purchased, possessed, and used pursuant to this section
shall have a label that states: "WARNING: The use of this substance
or device for any purpose other than self-defense is a crime under
the law. The contents are dangerous--use with care."
(3) After January 1, 1984, every tear gas container and tear gas
weapon that may be lawfully purchased, possessed, and used pursuant
to this section shall have a label that discloses the date on which
the useful life of the tear gas weapon expires.
(4) Every tear gas container and tear gas weapon that may be
lawfully purchased pursuant to this section shall be accompanied at
the time of purchase by printed instructions for use.
(f) Effective March 1, 1994, every tear gas container and tear gas
weapon that may be lawfully purchased, possessed, and used pursuant
to this section shall be accompanied by an insert including
directions for use, first aid information, safety and storage
information, and explanation of the legal ramifications of improper
use of the tear gas container or tear gas product.
(g) Any person who uses tear gas or tear gas weapons except in
self-defense is guilty of a public offense and is punishable by
imprisonment in a state prison for 16 months, or two or three years
or in a county jail not to exceed one year or by a fine not to exceed
one thousand dollars ($1,000), or by both the fine and imprisonment,
except that, if the use is against a peace officer, as defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2,
engaged in the performance of his or her official duties and the
person committing the offense knows or reasonably should know that
the victim is a peace officer, the offense is punishable by
imprisonment in a state prison for 16 months or two or three years or
by a fine of one thousand dollars ($1,000), or by both the fine and
imprisonment.



12403.8. (a) Notwithstanding paragraph (4) of subdivision (a) of
Section 12403.7, a minor who has attained the age of 16 years may
purchase and possess tear gas or tear gas weapons pursuant to this
chapter if he or she is accompanied by a parent or guardian, or has
the written consent of his or her parent or guardian.
(b) Notwithstanding paragraph (3) of subdivision (a) of Section
12403.7, a person may sell or furnish tear gas or a tear gas weapon
to a minor who has attained the age of 16 years and who is
accompanied by a parent or guardian, or who presents a statement of
consent signed by the minor's parent or guardian.
(c) Any civil liability of a minor arising out of his or her use
of tear gas or a tear gas weapon other than for self-defense is
imposed upon the person, parent, or guardian who signed the statement
of consent specified in subdivision (b) who shall be jointly and
severally liable with the minor for any damages proximately resulting
from the negligent or wrongful act or omission of the minor in the
use of the tear gas or a tear gas weapon.