Taser possession

[Max’s Mom]

In the state of PA is it legal for the spouse of a convicted felon to own a taser for self defense? The CF is away from the home 4-6 nights weekly for employment, leaving the spouse home alone and unarmed. His crime was committed and sentence served over 10 years ago with no legal issues since.

 

[army judge]

In the state of PA is it legal for the spouse of a convicted felon to own a taser for self defense?

If your question read: In the state of PA is it legal for a person to own a taser for self defense?

The ownership of a taser has nothing to do with someone's disqualification NOT to possess a taser.

Most people in Pennsylvania can buy stun guns and/or tasers without a permit.

The state's restrictions on gun ownership also apply to the above named weapons.

No one may use a stun gun or taser for an illegal purpose.

A person may not possess or use a stun gun or taser (in PA) if he/she are in the class of people prohibited from having firearms in Pennsylvania.

This group includes those ALL people who:

were convicted of certain felonies or other crimes,

including domestic violence,

driving under the influence of drugs and/or alcohol,

are subject to a domestic violence protective order(s) that require(s) them to relinquish their weapons,

or have been involuntarily committed to a psychiatric institution or found by a court to be mentally incompetent.

(18 Pa. Con. Stat. §§ 908.1, 6105 (2019)

 

[adjusterjack]

In the state of PA is it legal for the spouse of a convicted felon to own a taser for self defense?

No.

Here's why.

Title 18 Chapter 9 Section 908.1 (c) Prohibited possession:

No person prohibited from possessing a firearm pursuant to section 6105 (relating to persons not to possess, use, manufacture, control, sell or transfer firearms) may possess or use an electric or electronic incapacitation device.

2018 Pennsylvania Consolidated Statutes :: Title 18 - CRIMES AND OFFENSES :: Chapter 9 - Inchoate Crimes :: Section 908.1 - Use or possession of electric or electronic incapacitation device

Title 18 Chapter 61 Section 6105 Persons not to possess, use, manufacture, control, sell or transfer firearms.

(a)(1) A person who has been convicted of an offense enumerated in subsection (b), within or without this Commonwealth, regardless of the length of sentence or whose conduct meets the criteria in subsection (c) shall not possess, use, control, sell, transfer or manufacture or obtain a license to possess, use, control, sell, transfer or manufacture a firearm in this Commonwealth.

2018 Pennsylvania Consolidated Statutes :: Title 18 - CRIMES AND OFFENSES :: Chapter 61 - Firearms and Other Dangerous Articles :: Section 6105 - Persons not to possess, use, manufacture, control, sell or transfer firearms

Section (b) of that statute lists the crimes.

Here's why the spouse cannot have one in the house:

(2) (i) Except as otherwise provided in this paragraph, a person who is prohibited from possessing, using, controlling, selling, transferring or manufacturing a firearm under paragraph (1) or subsection (b) or (c) shall have a reasonable period of time, not to exceed 60 days from the date of the imposition of the disability under this subsection, in which to sell or transfer that person's firearms to another eligible person who is not a member of the prohibited person's household.

The spouse is a member of the household, so the spouse cannot possess it.

 

[justblue]

Two words: Pepper Spray.

 

[adjusterjack]

Two more words: Kitchen knife.

For the coup d'grace.

 

[justblue]

Bundle of two word options:
Security System w/alarms
Large Dog
Self defense lessons (okay three worder)
Better neighborhood
Baseball bat

My Daughter and I actually have the later in our bedrooms...just in case.

 

[army judge]

Baseball bat

An aluminum baseball bat and a machete are my two last forms of assisted defense devices, before it gets down to fisticuffs.

There are many more levels of defense devices and systems before it would come to the last two, just in case a thug is reading this.

 

[justblue]

An aluminum baseball bat and a machete are my two last forms of assisted defense devices, before it gets down to fisticuffs.

There are many more levels of defense devices and systems before it would come to the last two, just in case a thug is reading this.

Yeah...I read about the broken glass encrusted/barbed wire wall and Dobies in another thread. Your home sounds intimidating.

 

[army judge]

Yeah...I read about the broken glass encrusted/barbed wire wall and Dobies in another thread. Your home sounds intimidating.

Not at all intimidating to those who mean us no harm.

 

[mightymoose]

The spouse is a member of the household, so the spouse cannot possess it.

They seems to be an obvious infringement of the rights of the spouse.
There must be a reasonable way to address the situation.

 

[justblue]

They seems to be an obvious infringement of the rights of the spouse.
There must be a reasonable way to address the situation.

Divorce.

 

[adjusterjack]

Divorce.

We must share one mind. I was going to write exactly that.

 

[justblue]

We must share one mind. I was going to write exactly that.

I won't tell Mrs. Jack that...she might get jelly.

 

[flyingron]

If you're going to live with a felon, or a DV perpetrator, or someone on parole and probation, it is going to affect you. There's nothing unconstitutional about this.

As far as HER rights go, SHE is not disqualified nor will be charged with weapons possession, but her husband certainly can be charged for having access to hers.