is a taser covered by SDA ?

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761mph

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one of the women where i work ask me today, if she bought a taser would she get in trouble while having it with her at work or in her car
does the SDA or any other state law cover tasers ?
 

hrdware

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Doing a search of OK statutes, the only place taser is mentioned is in title 59 when talking about armed bail enforcement. Searching for "stun gun" reveals the same, plus one mention of it in Title 21 making it illegal to use a stun gun against an officer.

The SDA does not cover tasers. The only thing that would come close is this:
Title 21 said:
A. It shall be unlawful for any person to carry upon or about his or her person, or in a purse or other container belonging to the person, any pistol, revolver, shotgun or rifle whether loaded or unloaded or any dagger, bowie knife, dirk knife, switchblade knife, sword cane, knife having a blade which opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife, blackjack, loaded cane, billy, hand chain, metal knuckles, or any other offensive weapon...

It would depend on if someone considered a taser an offensive weapon or not. In most cases, I think it would be considered defensive but I am not a lawyer.
 

bigfug

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TITLE 21 § 1290.7 CONSTRUING AUTHORITY OF LICENSE
The authority to carry a concealed or unconcealed handgun pursuant to a valid handgun license as authorized
by the provisions of the Oklahoma Self-Defense Act shall not be construed to authorize any person to:
1. Carry or possess any weapon other than an authorized pistol as defined by the provisions of Section
1290.2 of this title;

TITLE 21 § 1290.2 DEFINITIONS
A. As used in the Oklahoma Self-Defense Act:
1. “Concealed handgun” means a loaded or unloaded pistol the presence of which is not openly discernible
to the ordinary observation of a reasonable person;
2. “Unconcealed handgun” means a loaded or unloaded pistol carried upon the person in a belt holster or
shoulder holster that is wholly or partially visible, or carried upon the person in a scabbard or case
designed for carrying firearms that is wholly or partially visible; and
3. Pistol means any derringer, revolver or semiautomatic firearm which:
a. has an overall length of less that sixteen (16) inches,
b. is capable of discharging a projectile composed of any material which may reasonably be expected
to be able to cause lethal injury,
c. is designed to be held and fired by the use of a single hand, and
d. uses either gunpowder, gas or any means of rocket propulsion to discharge the projectile.

So, short answer, No.
 

Coded-Dude

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People Who May Not Carry a Stun Gun in Oklahoma

In Oklahoma, most people may purchase, possess (openly or concealed), or use a nonlethal stun gun for self-defense without obtaining a permit.

Assaults Using a Stun Gun

Anyone who uses a stun gun to assault another is guilty of a felony, punishable by up to one year in jail or up to 10 years in prison.

(Ok. Stat. tit. 21 § 645.)

Anyone who uses a stun gun to assault a peace officer, corrections officer, probation or parole officer, firefighter, or an emergency medical technician or paramedic who is acting in the course of his or her official duty commits a felony, punishable by up to one year in jail or up to 10 years in prison.

(Ok. Stat. tit. 21 § 1272.3.)

Penalties for Stun Gun Carry Violations

It is a felony to possess a stun gun while committing or attempting to commit another felony. Penalties include two years (and up to 10 years) in prison. Subsequent violations carry increased penalties.

(Ok. Stat. tit. 21 § 1287.)

http://www.criminaldefenselawyer.com/resources/stun-gun-laws-oklahoma.htm
 

Buzzdraw

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A Taser is not a primarily a stun gun; its an electronic dart gun. When used in its normal function, it launches two barbed darts to the maximum length of its wire leads.

It is not an allowed handgun under the SDA so IMO it does not have the restrictions nor the protections provided under that set of laws. It is not considered as a handgun under Title 21 Sec. 1271 because it lacks lethal capability as defined in that section.

I am not an attorney. If you think you might need legal advice from an attorney, you might need to consult one.
 

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