Texas-Book-Gun Law Armed And Educated - Flipbook - Page 449
IV. TASERS
There is no Texas statutory law governing the carrying or use of
tasers. As such, it is perfectly legal for persons to purchase, sell,
carry, and use tasers under Texas law. Of course, the use of tasers
is not without controversy. Most frequently, tasers are used by law
enforcement officers as a method of subduing a suspect without the
use of a firearm. Unfortunately, in some instances, the use of a taser
has amounted to deadly force.
The Texas Penal Code does not provide a definition for a taser. In
fact, the term taser is not used anywhere in the Penal Code. The term
“stun gun” is defined, however, in Texas Penal Code Section 38.14(a)
(2) as “a device designed to propel darts or other projectiles attached
to wires that, on contact, will deliver an electrical pulse capable
of incapacitating a person.” Unfortunately, this definition applies
specifically to a law that prohibits a criminal or suspect from taking
or attempting to take the device from a peace officer. The statute does
not define any other type of taser beyond the kind that expels darts.
Handheld “Stun Gun”
Cartridge Taser
In addition, there are no appellate court cases specifically addressing
any particular situations as to when or how a taser may be used. For
that reason, it is important to be aware that the use of a taser will
subject a person to the same standards of self-defense as outlined
438 | CHAPTER SEVENTEEN
