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Taser Discussion Continued
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Author:  SnoWolf [ Sun 26 Sep 2010 11:42 ]
Post subject:  Taser Discussion Continued
I wanted to move the discussion off of the Items For Sale section so that the original post did not continue to be overtaken by this discussion. I have attempted to post this twice and both times I was returned to the Post a New Topic section, which was blank. I will attempt to remove the links to see if that helps.

What I have found is that, it is true that the Taser is not illegal in Geogia, however, they are classified as a firearm. This being the case, a Taser takes the same care and consideration as a firearm, in the laws eye.

Taser is legal in GA. But to carry one, the Georgia resident must attend a training class. These are available at most of the law enforcement training schools, and some universities offer law enforcement training.The weapon certification is usually outsourced to a licensed 3d party company. There are different brands of tasers, and the Georgia statute limits the strength of the tasers available to consumers. Now, certified Law enforcement officials don't have to abide by those same same limits. Classifing a Taser as a Firearm in many sections, this law stands out as a candidate for interpritation in a court of law

A firearm Permit is required according to the way the definition is written because it is placed in the category of firearm on many occasions.

To carry a firearm openly or concealed in the state of Georgia (other than on your property or inside your home, car, or your place of business), you must have a Georgia Weapons Carry License (or the older Georgia Firearm License) issued under code 16-11-129.

Then here is the definition of Firearm, according to Georgia statute:

O.C.G.A. 16-11-120
The Georgia firearms and weapons act.

Definitions
Firearms are defined in Georgia as; any handgun, rifle, shotgun, stun gun, *taser*, or other weapon which will or can be converted to shoot or expel a projectile by the action of an explosive or electrical charge.

Title 16, Section 16-11-106
(a) For the purposes of this Code section, the term 'firearm' shall include stun guns and tasers. A stun gun or taser is any device that is powered by electrical charging units such as batteries and emits an electrical charge in excess of 20,000 volts or is otherwise capable of incapacitating a person by an electrical charge.

(b) Any person who shall have on or within arm´s reach of his or her person a firearm or a knife having a blade of three or more inches in length during the commission of, or the attempt to commit:

(1) Any crime against or involving the person of another;

(2) The unlawful entry into a building or vehicle;

(3) A theft from a building or theft of a vehicle;

(4) Any crime involving the possession, manufacture, delivery, distribution, dispensing, administering, selling, or possession with intent to distribute any controlled substance or marijuana as provided in Code Section 16-13-30, any counterfeit substance as defined in Code Section 16-13-21, or any noncontrolled substance as provided in Code Section 16-13-30.1; or

(5) Any crime involving the trafficking of cocaine, marijuana, or illegal drugs as provided in Code Section 16-13-31,

and which crime is a felony, commits a felony and, upon conviction thereof, shall be punished by confinement for a period of five years, such sentence to run consecutively to any other sentence which the person has received.

(c) Upon the second or subsequent conviction of a person under this Code section, the person shall be punished by confinement for a period of ten years. Notwithstanding any other law to the contrary, the sentence of any person which is imposed for violating this Code section a second or subsequent time shall not be suspended by the court and probationary sentence imposed in lieu thereof.

(d) The punishment prescribed for the violation of subsections (b) and (c) of this Code section shall not be reducible to misdemeanor punishment as is provided by Code Section 17-10-5.

(e) Any crime committed in violation of subsections (b) and (c) of this Code section shall be considered a separate offense.


I appreciate this being pointed out. I see that I have been misinformed but this discussion has caused me to find some useful information that could save me some futre liability. As I have stated, I am not in the market for an X26 unless it is very well priced. At that, if that price comes along, it is good to know what makes for a legal carry. I guess Taser really needs to update thier info from "Legal for Consumer Use/Possession and No Permit Required for Consumers to Possess" because it is looked at as a firearm in the eye of the law, the way these statutes are written. This means there are regulations and actions that need to be taken before purchasing a Taser.
Author:  Mdbtyhtr [ Sun 26 Sep 2010 14:06 ]
Post subject:  Re: Taser Discussion Continued
Snow,
Maryland requires a CCW for the carry of a taser as well.

Scott
Author:  bailagent100 [ Mon 27 Sep 2010 08:55 ]
Post subject:  Re: Taser Discussion Continued
As of my last TASER Instructor's certification renewal (about 2 years ago), the TASER was still NOT considered a firearm by BATF&E as there was no gunpowder present in the workings of the device.

This definition is what TASER International uses for their guideline, training, and marketing purposes. TASER recommends that everyone should check their state, county and local laws prior to purchasing or using one of their devices to ensure they would be in compliance with those laws.

I wouldn't expect TASER to keep us up to date on all the (constantly changing) laws and regulations for each state, county or municipality with regards to TASER possession and/or use. Would be a full time job for a team of attorneys.

The responsibility is on each of us to know our local, county and state laws and how they pertain to firearms, the TASER, or any weapon.

Professional regards.
David Platt
aka: Bailagent100
Author:  KARMA [ Mon 27 Sep 2010 09:14 ]
Post subject:  Re: Taser Discussion Continued
Quote:
The responsibility is on each of us to know our local, county and state laws and how they pertain to firearms, the TASER, or any weapon.


agree 100 % with this not only in regards to Firearms / Weapons . . . but the Industry in general.
Author:  SnoWolf [ Mon 27 Sep 2010 12:46 ]
Post subject:  Re: Taser Discussion Continued
I had a long, drawn out rebuttal.....no, that is the wrong word. I had a long, drawn out reply written but have decided that only this last paragragh is needed. I am not attempting to argue or debate on this subject...I only feel that the information is important enough that anyone who reads this will need the TRUE and ACCURATE information pulled from Georgia Law and not what the website or other representatives may claim. (I was told today, when I called Taser, to ask about the Taser in Georgia "All you need to do is watch the video that came with your Taser and send in the registration card. There are no classes provided to the civilian sector and you do not need to register anything". This is information from Taser that Georgia law proves to be inaccurate and false.)

"As long as Georgia looks at a Taser as a firearm, and a person is charged for carrying it illegally in Georgia, whether anyone else considers it a firearm or not really has no impact. Only Georgia Law, Georgia Judges, and Gergia Prosecuters matter....and then Georgia jails may matter. The statute clearly states that a Taser is a firearm in Georgia, by the definition that accompanies the law. Georgia statutes state "any handgun, rifle, shotgun, stun gun, taser, or other weapon which will or can be converted to shoot or expel a projectile by the action of an explosive or electrical charge" is a firearm and requires a Firearms Permit to carry. Taser stating otherwise on thier site leaves them open for .... well, we know what many people are about today....Money, money, money."
Author:  DMARTZ [ Mon 27 Sep 2010 19:36 ]
Post subject:  Re: Taser Discussion Continued
Indiana also list them as a weapon and you are supposed to have a CCW, but i am sure there are many that don't.
Author:  Agent 329 [ Mon 11 Oct 2010 11:27 ]
Post subject:  Re: Taser Discussion Continued
BEA's in Delaware are not allowed to carry them at all.
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