Legal Question in Criminal Law in Michigan

Selling Stun guns

I sell self defense equitment. In Michigan i know it is illegal to possess, sell, or use a stun gun/taser. My question is about the selling part. Can just not sell stun guns in michigan and sell them in legal states? Or is it completely illegal for me to sell them?


Asked on 1/03/06, 11:27 pm

2 Answers from Attorneys

Re: Selling Stun guns

Since you can't possess them in Michigan, I suggest that you not have them for any purpose.

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Answered on 1/04/06, 9:42 am
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Selling Stun guns

MCL 750.224a prohibits a person (other than a law enforcement officer) from selling, offering for sale or possessing a taser-type unit.

See the statute at http://www.legislature.mi.gov/ and search for MCL 750.224a. Here's the text (in part):

750.224a Portable device or weapon directing electrical current, impulse, wave, or beam; sale or possession prohibited; exceptions; violation; penalty; definitions.

Sec. 224a.

(1) Except as otherwise provided in this section, a person shall not sell, offer for sale, or possess in this state a portable device or weapon from which an electrical current, impulse, wave, or beam may be directed, which current, impulse, wave, or beam is designed to incapacitate temporarily, injure, or kill.

(2) This section does not prohibit any of the following:

(a) The possession and reasonable use of a device that uses electro-muscular disruption technology by a peace officer, an employee of the department of corrections authorized in writing by the director of the department of corrections, a local corrections officer authorized in writing by the county sheriff, a probation officer, a court officer, a bail agent authorized under section 167b, a licensed private investigator, or an aircraft pilot or aircraft crew member, who has been trained in the use, effects, and risks of the device, while performing his or her official duties.

(b) Possession solely for the purpose of delivering a device described in subsection (1) to any governmental agency or to a laboratory for testing, with the prior written approval of the governmental agency or law enforcement agency and under conditions determined to be appropriate by that agency.

(3) A manufacturer, authorized importer, or authorized dealer may demonstrate, offer for sale, hold for sale, sell, give, lend, or deliver a device that uses electro-muscular disruption technology to a person authorized to possess a device that uses electro-muscular disruption technology and may possess a device that uses electro-muscular disruption technology for any of those purposes.

(4) A person who violates this section is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.

(5) As used in this section:

(a) �A device that uses electro-muscular disruption technology� means a device to which all of the following apply:

(i) The device is capable of creating an electro-muscular disruption and is used or intended to be used as a defensive device capable of temporarily incapacitating or immobilizing a person by the direction or emission of conducted energy.

History: Add. 1976, Act 106, Eff. July 1, 1976 ;-- Am. 2004, Act 338, Imd. Eff. Sept. 23, 2004

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Answered on 1/04/06, 9:52 am


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