• UberPeople.NET - Independent community of rideshare drivers. It's FREE to be a person and enjoy all the benefits of membership. JOIN US! CLICK HERE

Carrying Stun Guns and Tasers in NJ

Mattio41

Well-Known Member
In one of my facebook groups I belong to, a question was asked about the legality of carrying a stun gun for self defense while driving for Uber. I thought I would share a summary that was written, and posted by Evan Nappen, the most foreknown Firearms attorney in NJ. Dissertation was written by Dan Schmutter, attorney for New Jersey Rifle and Pistol Clubs. I hope this helps anybody on this subject.

Carrying Stun Guns and Tasers in NJ:

This was posted by my friend and colleague Daniel Schmutter, an excellent attorney, regarding whether we can now CARRY tasers and stun guns. I agree with his legal analysis. Under NJ law, weapons are frequently governed by multiple statutes at the same time. So for example, there are per se prohibitions under 2C:39-3 for weapons such as switchblade knives, dirks, daggers, and stilettos.

Then there is also the general prohibition in 2C:39-5(d) on possession of weapons under circumstances not manifestly appropriate for such lawful uses as it may have.

Even though a dirk is subject to the per se prohibition of 2C:39-3, it is almost certainly also subject to the more general prohibition of 2C:39-5(d).

So if, tomorrow, the legislature repealed the per se prohibition of dirks from 2C:39-3, a dirk would still be a weapon and therefore subject to the more general prohibition found in 2C:39-5(d). So now applying that to stun guns. Stun guns were previously per se illegal under 2C:39-3(h). The result of the lawsuit is that 2C:39-3(h) was stricken as unconstitutional. So it is no longer per se illegal.

But a stun gun is still a weapon under 2C:39-1(r), and so it is almost certainly subject to the more general prohibition of 2C:39-5(d), that is, under circumstances not manifestly appropriate for such lawful uses as it may have. The lawsuit did nothing to change this, nor do the new proposed regulations.

We know that under State v. Kelly, self defense does not count as a "lawful use" under 2C:39-5(d). The term "weapon" is very broadly defined under NJ Law. Thus, many items that fit the definition of "weapon" also have non-weapon uses, such as a baseball bat. So the idea is that the closer you are to possessing a weapon for its non-weapon purpose (like possession of a baseball bat at a baseball game), the better off you are under 2C:39-5(d).

So now applying this to stun guns, it's hard to imagine carrying a stun gun in public for a non-weapon purpose. Without such a non-weapon purpose, carrying around a stun gun poses a very substantial risk that you could be charged with violating 2C:39-5(d).

So, I think folks would take a huge risk carrying around a stun gun.
 

TheNJBen

Well-Known Member
Duh ... in NJ under no circumstances are you allowed to defend yourself. Take your beating, mugging, robbing, rape, or murder until police arrive. There is one exception ... if you are a female AND on a college campus you can in some circumstances use a whistle
 

Mattio41

Well-Known Member
  • Thread Starter Thread Starter
  • #3
Duh ... in NJ under no circumstances are you allowed to defend yourself. Take your beating, mugging, robbing, rape, or murder until police arrive. There is one exception ... if you are a female AND on a college campus you can in some circumstances use a whistle

Ummmm, thats a big negative on the whistle..... Dont you know that this is more effective ??

Screen Shot 2018-02-28 at 12.34.21 PM.png
 

Mattio41

Well-Known Member
  • Thread Starter Thread Starter
  • #5
As I mentioned... This was not because I want to carry a gun. It was a question raised in another group that I belong to. thought I would share this information here also for anybody that was thinking about carrying a Stun Gun, considering they are now legal to possess in New Jermany. although, not allowed to carry.
 

tatgoog

New Member
Personally, I'm considering getting a taser in order to protect myself. So I'm learning this issue now. . As far as I can remember, Uber’s policy actually allows drivers to carry non-lethal weapons
 

SuzeCB

Well-Known Member
Personally, I'm considering getting a taser in order to protect myself. So I'm learning this issue now. . As far as I can remember, Uber’s policy actually allows drivers to carry non-lethal weapons
A taser isn't necessarily non-lethal.
 

Caspita

Well-Known Member
As far as I can remember, Uber’s policy actually allows drivers to carry non-lethal weapons
Uber doesn't prohibits transporting minors or infants with no car seat or manage disabled people without a license or .. or.. or... seriously, you shouldn't base your decisions on Uber driver's or even rider's TOS .. in that case you're most better getting advice on a public forum by totally anonymous people :biggrin:
 

Ride-Share-Risk-Manager

Well-Known Member
I would worry less about breaking the NJ law or being fired by Uber or Lyft and worry more about making sure that if some ghetto thugess tries to attack, rob or kill you that you come through alive and safe and she ends up in the hospital or the morgue. I have a loaded Glock 17 and a baseball bat in my car at all times.
 

ToughTommy

Well-Known Member
FYI
Called Red Bank police station
Identified myself as a driver.
Is it legal to carry stun gun?
NO
NYET
NON
 
Top