Legal Use of Taser Guns by Civilians: A Comprehensive Guide

The use of taser guns by civilians is a complex issue that involves understanding the legal boundaries and when it is permissible to use such a device. Unlike pepper spray, tasers fall under the category of 'less lethal' weapons, but they are still considered deadly force. In this article, we will explore the circumstances under which it is legal for a civilian to use a taser gun on someone.

Understanding Taser Guns

A taser gun, also known by its trademark name, is an electronic device that discharges two darts connected by fine wires to a battery, allowing the device to deliver an electric current when the darts strike a target. This current can cause short-term physical incapacitation. Taser is the registered trademark for this electronic control device.

Origins and Evolution

The term TASER is derived from the acronym "Thomas A. Swift's Electric Rifle" from a 1930s science fiction novel. The modern taser has evolved into a widely used tool by law enforcement for subduing combative suspects. However, as the use of tasers increases, so do the debates about their lethal potential and the situations in which they should be used.

Legal Framework: Deadly Force

The use of taser guns by civilians is legally categorized as deadly force. This means that the circumstances under which a civilian can legally use a taser are similar to those involving the use of firearms. When someone uses a taser, they are potentially causing serious injury or death, which is why the legal thresholds for using this weapon are significantly higher than for other forms of self-defense.

Legal Requirements

To legally use a taser as deadly force, a civilian must be in reasonable fear for their life or the life of an innocent third party. Alternatively, they must be preventing someone from committing an imminent violent criminal act that is explicitly defined by statute. The specific statutes and details vary by jurisdiction.

Texas Example

In Texas, deadly force can be used to prevent the imminent commission of certain violent crimes. According to the Texas Penal Code (TPC 9.32), you may use deadly force to prevent sexual assault, aggravated sexual assault, murder, robbery, aggravated robbery, and aggravated kidnapping. Additionally, TPC 9.42 allows the use of deadly force against a burglar. The exact specifics and definitions can vary, and it is crucial to consult a licensed attorney in your jurisdiction for detailed guidance.

Deadly Force and Civilian Use

While tasers are a viable option for law enforcement, their use by civilians is subject to similar legal constraints. Private citizens cannot use tasers more freely than they would use a firearm. When deciding to use a taser, a civilian should:

Assess the situation and determine if there is a clear and present danger to themselves or others. Be in a reasonable fear of imminent harm. Prevent the commission of a violent criminal act.

It is highly advisable for civilians to consult a licensed attorney in their jurisdiction to ensure they are acting within the legal boundaries and to understand the specific requirements and conditions under which the use of a taser is permitted.

Conclusion

The legal use of taser guns by civilians is a nuanced and complex issue that requires a thorough understanding of the legal requirements and the specific conditions under which such force can be used. Whether it is a taser, a firearm, or any other form of self-defense, the use of deadly force must be justified by a reasonable fear for one's life or the life of an innocent third party, and it must be proportional to the situation. Always consult with a licensed attorney to ensure compliance with the law in your jurisdiction.