Posted by Eugene Volokh:
Bans on Tasers:
http://volokh.com/archives/archive_2008_12_07-2008_12_13.shtml#1229042613
A bunch of jurisdictions -- according to a student paper I read,
Hawaii, Massachusetts, Michigan, New Jersey, New York, Rhode Island,
Wisconsin, plus Philadelphia, Baltimore, Chicago, and Washington, D.C.
-- ban the possession of tasers. Are there any sensible justifications
that I'm missing for such bans, and for bans on carrying tasers
outside the home?
Obviously, they could be used for criminal purposes, whether to assist
in a robbery or a rape, or just to hurt people. But at the same time,
I would think they're quite useful for self-defense, in at least three
different circumstances:
1. When it's illegal to carry a gun, whether because carry licenses
are generally unavailable, or because the person is 18 to 20, and
licenses are only available to those 21 and older.
2. When there's a legal obstacle to the person's possessing a gun,
for instance, when the person is an ex-convict (perhaps even
someone convicted of a nonviolent felony), is underage for gun
purchases, or lives with someone who is an ex-convict and who
might be said to "constructively possess" any guns that his
housemates possess.
3. When the defender isn't willing to use a deadly weapon, even
against an attacker.
And my sense is that tasers are materially more effective than pepper
spray, because they can disable the target wherever they hit him
(though on the other hand my sense is that, unlike with pepper spray,
they can't be quickly fired a second time).
I would think therefore that the net loss for self-defense from
banning tasers substantially exceeds the net gain in any taser-related
crime that would be stopped (especially since most people who would be
willing to commit that crime would also be willing to violate the laws
against taser possession, and it's unlikely that the taser possession
will be discovered in time to prevent the crime). And I would think
this should be the view even of people who take a different view about
guns, since tasers are vastly less lethal than guns are.
Is there some sound reason that I'm missing for prohibiting these
outright, as opposed to requiring training, licensing, or some such?
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