The Oregon Stun Gun & Taser Law Guide: Are They Legal?

Navigating the legality of stun guns and tasers in Oregon is a concern for both residents and visitors, raising the question: "Are stun guns legal in Oregon?" These personal safety devices are governed by specific laws, and it's important to understand these regulations to ensure their responsible and legal use. In this post, we’ll explore the comprehensive details surrounding Oregon's stun gun and taser laws. We'll provide in-depth insights into what is allowed and what isn't, ensuring you have the necessary information to make informed decisions concerning these devices. If you’re in the Portland area and need a criminal defense lawyer to help you with your case, call us at 503-372-6244 or click the button below to request a free consultation. We’re based in Beaverton but we serve the entire Portland area including Hillsboro and Tigard.

Are Stun Guns and Tasers Legal in Oregon? 

Stun guns and tasers are legal in Oregon, with specific regulations governing their use and ownership. The sale, possession, and utilization of stun guns and tasers for self-defense are legally permitted without significant restrictions. 

What’s the Difference Between a Stun Gun and a Taser? 

There is a difference between a stun gun and a taser, even though most people aren’t aware of it. A stun gun is a close-range self-defense device that requires direct contact with the target to deliver an electric shock, used to temporarily incapacitate an aggressor. In contrast, a taser can be used from a distance. It shoots probes attached to wires that deliver electric currents, allowing the user to incapacitate an attacker from several feet away. This key difference in range and method of deployment is crucial in understanding how each device functions and in which situations they might be most effectively used for self-defense. 

Oregon Stun Gun and Taser Laws 

1. Legality and Ownership: 

a. Stun guns and tasers are legal to own and possess. 

b. Minimum age for ownership is 18 years. 

c. Individuals convicted of felonies or violent crimes are prohibited from ownership. 

2. Usage and Restrictions: 

a. Use is limited to self-defense or defending others from imminent harm. 

b. Use in the commission of a crime is prohibited.

3. State and Local Regulations: 

a. No state permit required for purchase or ownership. 

b. Local jurisdictions may have additional laws and restrictions.

4. Self-Defense Laws: 

a. Oregon is a "stand your ground" state. 

b. Use of force in self-defense is legal if necessary and reasonable under the circumstances. 

c. Excessive force can lead to criminal charges. 

5. Reporting and Legal Compliance: 

a. Incidents involving self-defense must be reported to the authorities. 

b. Advised to research local laws and consult legal professionals for guidance. 

Unlawful Use in the First Degree 

Unlawful Use in the First Degree in Oregon typically refers to a more severe form of offense compared to a second-degree charge. In the context of stun guns and tasers, this would mean knowingly using these devices against specific individuals such as law enforcement. This act is classified as a Class C felony in Oregon. Such a charge carries significant legal consequences, including potential imprisonment, probation, and hefty fines. Unlawful Use in the Second Degree 

Unlawful Use in the Second Degree, when it pertains to stun guns and tasers in Oregon, typically involves recklessly discharging these devices against another person. This action is categorized as a Class A misdemeanor. The term "recklessly" implies a disregard for the safety of others, differentiating it from cases where the use of a stun gun or taser is justified for self-defense. The classification as a misdemeanor means that while it is a serious offense, it’s generally considered less severe than a felony. Conviction can lead to penalties including jail time, probation, and fines. 

When Can I Use a Stun Gun For Self Defense in Oregon? In Oregon, you can use a taser or stun gun for self-defense when you are facing imminent harm and need to protect yourself or others. For example, if you are walking home at night and an aggressor confronts you with a clear intent to cause physical harm, you are legally allowed to use a stun gun or taser to defend yourself. This aligns with the state's "stand your ground" law, which allows for the use of force in self-defense without the duty to retreat. 

Penalties for Using Unlawfully 

The penalties for the unlawful use of stun guns and tasers may vary depending on the severity of the offense. Here are the key aspects:

1. General Unlawful Use: 

a. Unlawfully using a stun gun or taser, such as discharging it recklessly against another person, is a Class A misdemeanor. b. The maximum penalty for this misdemeanor includes one year in jail, five years of probation, and a fine of $6,250. 

2. Use Against Law Enforcement or Emergency Personnel: 

a. If a stun gun or taser is used knowingly against a peace officer, corrections officer, parole and probation officer, firefighter, or emergency medical services provider while they are performing their duties, it is considered a Class C felony. 

b. The maximum penalty for this felony includes five years in prison, three years of probation, and a fine of $125,000. 

3. Other Specific Circumstances: 

a. Possessing a stun gun in a public building is a Class C felony.

b. Carrying a stun gun with the intent to use it unlawfully against another person (outside of lawful self-defense) is also a Class C felony. 

The Oregon Stun Gun and Taser Law Guide Conclusion 

In conclusion, these devices are legal in Oregon, but their use is strictly limited to self-defense situations. Misusing them, especially against law enforcement or emergency personnel, can lead to serious legal consequences, including felony charges. Residents and visitors in Oregon need to be aware of these laws to ensure they comply and to use these self-defense tools responsibly. For those in need of legal assistance in Oregon, our team at Powell Law, led by Shannon Powell, offers invaluable expertise. With our years of experience and comprehensive knowledge of Oregon's legal system, we provide essential guidance and representation. Whether you seek consultation or legal representation, our firm is well-equipped to support you in navigating these legal matters. If you need a Medford attorney, we recommend Kollie Law.

*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.