Taser Laws in Minnesota: Is Taser Use Allowed

Legal Status of Tasers in Minnesota

Yes, tasers and other electronic immobilization weapons are legal to possess in Minnesota. Pursuant to Minnesota’s statute, without exception, "Electronic immobilization weapons" are defined as "Any device, such as a stun gun or taser, that is designed to incapacitate a person by the delivery of an electronic current or a similar electric charge." Electronic immobilization weapons are regulated by Minn. Stat. § 609.14 0(9(a-b), which provides as follows:

(9) Electronic immobilization weapons.

(a) It is a petty misdemeanor for any person to possess within the state of Minnesota any electronic immobilization weapon, these devices which, by the application of electrical energy, are capable of temporarily incapacitating a person . This subdivision does not apply to a peace officer or members of the military on official duty or any person possessing an electronic immobilization weapon which has been approved for use by the Governor.
(b) A person who possesses within the state an electronic immobilization weapon under paragraph (a) may possess such electronic immobilization weapon only if the electronic immobilization weapon is, at all times, in the possession of the possessor and is not in plain sight. A person who violates this paragraph is guilty of a petty misdemeanor punishable by a fine of no more than $300.

Who Can Legally Possess a Taser

There are fewer restrictions regarding the types of men and women who may carry a taser in Minnesota. Tasers are not strictly prohibited to law enforcement personnel, security guards, or private investigators. This means that virtually anyone is qualified to carry a taser, as there are no special licenses or permits required for non-trade legal use of a taser weapon. This includes teachers, nurses, bus drivers, grocery store clerks, factory workers, or other typical civilians in most fields of work.
The only exceptions to this lack of taser restrictions are exemptions regarding certain occupations. For example, students at a postsecondary institution, an adult vocational school, or a secondary school cannot carry a taser if they are enrolled in a course for which carrying of a firearm during the course of the program is required by the school. Such programs include, but are not limited to, law enforcement training programs or any classes that require firearm training. Additionally, children under the age of 18 are prohibited from carrying a taser.

Locations Where Tasers Are Prohibited

While Taser possession is generally legal everywhere in Minnesota, there are some exceptions. Here are some prohibited places where tasers are banned:
In a school. Misdemeanor.
In a public housing project. Misdemeanor.
In a public library. Misdemeanor.
On grounds or on a conveyance used for public transit. Misdemeanor.
On grounds of a public court facility. Misdemeanor.
Under Minnesota Statute section 609.66, subdivision 1d:
Subdivision 1b. "Conviction" means a plea of guilty or a finding of guilty by a judge or jury. Subdivision 1c. "Electric weapon" means a device that is designed to incapacitate a person with an electric current, including a device that is known as a taser or stun gun. Subdivision 1d. "Electric conduction weapon" means an electrical device, such as a taser or stun gun, designed to incapacitate a person by the passage of electric current through the person’s body, which may or may not use projectiles to accelerate the electrical discharge into the subject’s body. "Electronic defense weapon" does not include a device powered by common household batteries that is primarily designed for marking an animal for tracking or identification purposes and that is commonly knocslwldguyso versatileuwszb such as a laser pointer or an animal marking paint stick. Under Minnesota Statute section 609.67:
Subdivision 1. General prohibition. A person must not sell or otherwise distribute an electronic defense weapon to a person under the age of 18, nor may a person under the age of 18 purchase or possess an electronic defense weapon. Subdivision 2. Exception. This section does not apply to: (1) a peace officer or other person qualified to be licensed under section 624.714, paragraph (i); (2) a person with a valid permit to carry a handgun under section 624.713; (3) an employee of a correctional facility who possesses an electronic defense weapon issued by the correctional facility; or (4) a security guard or private detective under chapter 326, who possesses an electronic defense weapon while in uniform and when the weapon is specifically authorized to be carried by a permit to carry a handgun issued by the Department of Public Safety, unless otherwise prohibited by an employer policy. Subdivision 3. Other offenses. Penalty statutes 609.05-6.

Penalties for Use of a Taser Illegally

Many people assume that tasers are legal to use in many situations where a person feels threatened. However, they are not legal for most civilians to possess and use. State laws govern the use of tasers, and some of them surprise unsuspecting individuals.
If you illegally possess a taser, you may be subject to criminal charges. Minnesota considers possession of a taser a gross misdemeanor, carrying up to two years in jail and a fine of up to $3,000. If you use the taser against a person and cause bodily harm, you could face felony charges as well. The penalization for felony charges is typically six months in jail and a fine of up to $1,000. Many tasers are highly regulated, so even the possession of certain models can lead to violations. For example, the ETA K3100 Bolt stun gun is classified as a prohibited weapon in Minnesota. Possession can result in felony charges as well.

Comparison with Other States Laws

In Minnesota, tasers represent a gray area for lawmakers — much like in other states that lack laws specifically addressing the issue. A handful of neighboring states, however, have banned civilian use of tasers entirely. In North Dakota, civilians are allowed to own, sell, and carry tasers, but it is illegal for them to use those tasers: North Dakota law holds civilians criminally liable for using a taser except in specific circumstances that apply only to law enforcement officials. In South Dakota, civilians may freely use tasers: both open carry and concealment are legal. Like South Dakota, Iowa permits civilians to carry a taser without any permit whatsoever, either openly or concealed. Wisconsin does not address tasers as weapons , so they fall into the category of devices that may be owned and carried without restriction.
In contrast to Iowa, Minnesota is one of a minority of states in which tasers fall into the category of switchblade knives, meaning civilians may not possess or carry them for illegal purposes. Because most people possess or carry a taser as a means of self-defense, it is unlikely that anyone would ever be charged with possession of a taser unless the weapon was hidden in the home of an individual accused of using it for an illegal purpose — and even then, Minnesota law is not specifically clear as to whether mere possession is a crime. All states in the U.S. except New Jersey allow the use of tasers for self-defense purposes.

Main Recent Changes and Updates

Evolving with technology, the taser has become a popular alternative for use of force options. Behind handguns, tasers are the second most common weapon used by law enforcement in the United States. Oftentimes, adjusting to implement tasers equipped with new features like video and audio recording generate new liability questions for law enforcement agencies. Such was the case in 2017 in Minnesota, whence there’s been growing public concern due to law enforcement record from overly using tasers inappropriately.
"Law Enforcement and the Use of Force in the 21st Century," a report published by the Minnesota Department of Human Rights, claimed that officers’ use of tasers on subjects with mental health or emotional distress issues have been "highly criticized," as it should be. Subsequent tensions between police and the public developed in Minnesota after a woman was tasered at a psychiatric hospital in October 2017.
Tuesday February 6, 2018, the Minnesota State Senante voted to pass legislation aimed at modifying the way police may use tasers. The new law "strengthens the existing law around the use of force by requiring law enforcement agencies to adopt and implement a use of force policy, requires law enforcement agencies to gain approval from the Commissioner of Public Safety before using new pieces of technology for new purposes- such as conducting video or audio surveillance- and requires each law enforcement agency in the state to narrow the circumstances in which they may use an electric weapon."
Overwhelmingly, both police and public groups supporting the bill want to prevent misuse of force cases and improve police policies in the state.

Public Safety and Tasers

Minnesota taser laws are ultimately about public safety. That is, all citizens are protected by laws governing tasers and other forms of police force because citizens are the ones most at risk of injury or death from a police altercation. Police can use force to effect an arrest, but that force should be proportional to the resistance offered by the suspect. And although tasers are supposed to make it easier for officers to apprehend combative suspects, tasers can cause serious injury or even death.
Under Minneapolis MN public safety Taser program, the use of stun guns is restricted primarily to incidents where a suspect is displaying behaviors posed a danger to himself, to law enforcement or a third party. In many instances, the police have to make split-second decisions about whether to use a taser when dealing with, say, a mentally ill suspect.
In Minnesota Department of Public Safety vs. City of Rochester, the court ruled that the State Legislature’s endorsement of the taser made it easier for police officers to defend their taser use. Whether or not the police followed the recommended policies and procedures would shape the outcome of any lawsuit . The legislatively-mandated policies and procedures concerning the use of tasers included:
Clearly, the keys to reducing the risks associated with police use of tasers are proper training and the establishment of policies and procedures governing the use of the device. Proper taser training should include lessons about how tasers work, how to use the taser, and taser safety considerations. Once they complete their training, the police are expected to follow established protocols governing the use of tasers.
Departmental taser policies are set by police departments on a state-by-state basis.
Police departments in Minnesota are mandated to keep statistical data about their use of force, including the use of tasers. Each police department in Minnesota must document detailed informations about which kind of weapon was used and why, and must also document demographic stats on the people that were subjected to tasers. Reports made to the Minnesota Board of Peace Officers Standards and Training serve to make police departments more accountable on an annual basis. The Make People Safer Act (Minnesota Statute § 629.424) maintains records of taser use by Minnesota law enforcement agencies in order to study the effect of the device on public safety.