California Penal Code § 22610(a) bars a person convicted of a felony from purchasing, possessing, or using a device that qualifies as a stun gun. The restriction is not limited to violent felonies, and the statute does not create a general self-defense exception. The exact conviction, device, and charge matter; a prior arrest or pending case is not the same as a conviction.
The statute also covers a person convicted of any crime involving an assault, or convicted of misusing a stun gun under § 244.5. It separately addresses narcotic-drug addiction and minors. This page focuses on the felony-conviction branch; do not assume the other branches apply without checking their terms. (Penal Code § 22610)
Check whether the actual device fits the statute
The code defines a “stun gun” as an item, other than a less-lethal weapon, used or intended as an offensive or defensive weapon and capable of temporarily immobilizing a person through an electrical charge. A brand name or the word “Taser” in an advertisement does not by itself establish the legal classification. The device’s make, model, mechanism, and evidence about how it works may matter. (Penal Code § 17230; § 16780)
Do not substitute firearm or assault charges
Section 22610 addresses purchasing, possessing, or using a stun gun while within a listed prohibited-person category. Section 244.5 addresses assault with a stun gun or less-lethal weapon, which is a different alleged act. Section 29800 concerns firearm possession and does not replace § 22610 simply because both involve weapons and prior convictions. A case can include more than one allegation, so check the exact charging document and subdivision. (Penal Code §§ 244.5 and 29800)
Gather the records that answer the charge
For a pending California case, identify the exact charge and subdivision; obtain the prior conviction and disposition records, including any later court order; record the device’s make and model; and preserve the police report, photographs, and other materials describing who had access to it and where it was found. Do not assume that a record-clearance order changed the legal effect of a conviction without examining the actual order and applicable law.
Section 22610(a) does not itself state a penalty, but § 22620 makes a violation of this stun-gun division a misdemeanor unless another penalty is specified. For a misdemeanor without a different punishment, § 19 sets a general ceiling of six months in county jail, a $1,000 fine, or both. This is not the felony firearm-possession penalty. Section 22610(a) does not spell out detailed mental-state elements; the exact allegation still needs review rather than an assumed knowledge-of-status rule. An arrest or charge is not a conviction, and the device classification may also be disputed.
The Law Offices of David S. Chesley can review an existing California criminal weapons charge and the relevant records. Call (800) 755-5174.