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Does this Municipal Code prevent carrying a Taser?

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  • Danz la Nuit
    Banned
    • Jan 2011
    • 2283

    Does this Municipal Code prevent carrying a Taser?

    **UPDATE** See post #12 for reply from govt. attorneys http://www.calguns.net/calgunforum/s...7&postcount=12

    Do you think this Municipal Code applies to an M26c Taser?

    The park "regulation" in question,

    "Possession of firearms or weapons of ANY type is prohibited (including paintball guns, sling shots, air rifles, bows, etc.) SDMC 63.08"

    Here is the SDMC 63.08,


    17
    Yes
    0%
    5
    No
    0%
    12
  • #2
    Danz la Nuit
    Banned
    • Jan 2011
    • 2283

    Yes I know calguns opinions are irrelevant in the end & I am checking into speaking with the SD attorney that covers this area but I am just curious as to what you guys might think.

    Comment

    • #3
      Librarian
      Admin and Poltergeist
      CGN Contributor - Lifetime
      • Oct 2005
      • 44661

      Depends on the city code definition of 'firearm'. Taser/stun gun is not included in any of the other terms.
      ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

      Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

      Comment

      • #4
        Joe
        Calguns Addict
        • Apr 2006
        • 5730

        I'd say yes. Since it specifically states air gun.

        Comment

        • #5
          Damzk
          Member
          • Sep 2010
          • 112

          I would think yes just because the taser is propelled by air.

          Why would they want to ban laser devices, are they just referring to laser tag?

          Comment

          • #6
            Librarian
            Admin and Poltergeist
            CGN Contributor - Lifetime
            • Oct 2005
            • 44661

            Yeah, probably that Taser is an 'air gun'.

            Older versions of Tasers were not compressed-nitrogen powered. SD 53.10 (b) says
            Firearm shall mean any weapon from which a missile, such as, but not limited to, a bullet, ball, or shell, is hurled by an explosive.
            and that would have covered the older models.

            53.15 says
            That it shall be unlawful for any person to discharge any air gun, or sling shot, or bean shooter, or throw, hurl, heave or propel any sharp pointed missile, or dart, or arrow upon any public street or sidewalk or public gathering place within the corporate limits of The City of San Diego.
            which parallels the restriction on the park ordinance.
            ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

            Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

            Comment

            • #7
              Danz la Nuit
              Banned
              • Jan 2011
              • 2283

              Originally posted by Damzk
              I would think yes just because the taser is propelled by air.

              Why would they want to ban laser devices, are they just referring to laser tag?
              I wondered about that as well...

              Comment

              • #8
                Danz la Nuit
                Banned
                • Jan 2011
                • 2283

                Originally posted by Librarian
                Yeah, probably that Taser is an 'air gun'.

                Older versions of Tasers were not compressed-nitrogen powered. SD 53.10 (b) says and that would have covered the older models.

                53.15 says which parallels the restriction on the park ordinance.
                Spoke with a DA that covers this area & was very nice & understanding, said he would look into it & call me back next week.

                Comment

                • #9
                  cyberhh
                  Member
                  • Feb 2007
                  • 288

                  I would challenge the "air gun" association. An air gun has a projectile, same as a bullet, a taser does not. It uses probes that have a very limited range and do not detach from the taser as part of firing. I am also not aware of taser being classified as a weapon in any other case.

                  Comment

                  • #10
                    Danz la Nuit
                    Banned
                    • Jan 2011
                    • 2283

                    Originally posted by cyberhh
                    I would challenge the "air gun" association. An air gun has a projectile, same as a bullet, a taser does not. It uses probes that have a very limited range and do not detach from the taser as part of firing. I am also not aware of taser being classified as a weapon in any other case.
                    Agreed.

                    Comment

                    • #11
                      Danz la Nuit
                      Banned
                      • Jan 2011
                      • 2283

                      Got a call back from the parks & rec DA & he said that the issue had been escalated & that they're going to have some meetings to determine what decision should be made.

                      Comment

                      • #12
                        Danz la Nuit
                        Banned
                        • Jan 2011
                        • 2283

                        Originally posted by DTOMSD
                        Got a call back from the parks & rec DA & he said that the issue had been escalated & that they're going to have some meetings to determine what decision should be made.
                        Finally got a final answer today from the govt. attorneys, they are sticking with a statement that it's okay for me to carry the taser but it may or may not be okay for me to discharge the taser...

                        *sigh*

                        Comment

                        • #13
                          Sub95
                          Senior Member
                          • May 2010
                          • 1227

                          on the m26c or like it you can take out the Cartridge and still use it ( when the law is not clear ) just keep the Cartridge close. I think most everyone has seen what one will do to a person and will not want to be tagged by it. but if someone trying to stab me or hit me with a bat, stick ect, i would put the Cartridge in and use it with no problem.

                          There is a background check on these.

                          Comment

                          • #14
                            sigfan91
                            I need a LIFE!!
                            • Jun 2009
                            • 11685

                            Originally posted by DTOMSD
                            Finally got a final answer today from the govt. attorneys, they are sticking with a statement that it's okay for me to carry the taser but it may or may not be okay for me to discharge the taser...

                            *sigh*
                            How about carrying a pepper spray?

                            Comment

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