Understanding Taser Laws in Utah: What You Need to Know

Taser legality in Utah

The legality of tasers in Utah is a common concern for those interested in purchasing or using one. In general, tasers are permitted in Utah for those 18 years of age and older, with a few exceptions. Tasers, sometimes referred to as electronic control weapons or ECWs, deliver a high-voltage, low-amperage charge that temporarily disorients the body and is non-lethal. In Utah, tasers can be used for self-defense and for law enforcement by police and security personnel. They should only be used against someone who is about to commit a crime or who has just committed a crime . However, many residents believe that tasers, stun guns, or ECWs can be lawfully carried for any purpose. As a general rule, a Utah resident may legally purchase, sell, or own a taser without any restrictions. A 2004 law was passed that prohibits an adult from giving a minor under the age of 16 a taser, stun gun, or ECW, but the law doesn’t prohibit adults from carrying them openly or concealed on their person. There are other exceptions, such as a restriction on the carrying of tasers by convicted violent felons and on the use of a taser inside a school.

Utah state laws regarding tasers

The laws that govern taser ownership in Utah are relatively straightforward. State law dictates that the usage of tasers is allowed except for in the following circumstances:

As a stun gun or taser weapon (and this includes any type of electronic weapon) for the purposes of criminal activity, either aimed personally at another individual or via other means, such as an improperly aimed taser gun or taser fired from a remote device.
The use of an electronic kinematic projectile (ECP) that is a taser for criminal purposes against people, as well as against structures, any type of conveyance, or in any manner that can harm the state or the public in general.
Tasers that are used if a person commits or attempts to commit a criminal offense such as threatening to use a weapon, went forward with the threat, or uses physical force with the intent of causing serious bodily injury.
Tasers that are used on a person with an intellectual disability or a mental disorder, or who exhibits signs of those mental or physical conditions.

So, while there are restrictions in place, the tasers and stun guns are otherwise legal in the state of Utah. Here’s what you should also know about the legality of Taser weapons:

There is no age restriction for possessing a taser in the state of Utah; however, there may be restrictions on the taser type and restrictions on use that apply, which makes it important to do research on the specific taser you intend to possess.
There is currently no permit required for owners of a taser, so no permit is needed to carry one.
There is no permit required to carry a Taser concealed, but you may want to check individual city ordinances as there may be some differences.

Using a taser for self-defense in Utah

When considering using a Taser for self-defense in Utah, it is critical to understand the legal implications of doing so. Utah’s law providing the right of self-defense specifically states: "Justification of Conduct. A person is justified in using physical force…if the person has grounds to believe that a reasonable person would believe that the use of physical force…is necessary and reasonable." This is a clear standard for the court to apply when someone claims self-defense. Each situation is unique, though. In general, a person is justified in using physical force against a person with the intent to cause death or serious bodily injury if he or she has a reasonable belief that such force is necessary to prevent death or serious bodily injury (especially if there is also a reasonable belief that such force is necessary to prevent bodily injury). This means that if someone believes that a Taser is going to help them from being seriously injured, they can legally use one to prevent the attack. Wielding a Taser to stop other forms of assault, such as unlawful touching, is more complicated legally. Without the use of a Taser, unlawful touching could be very hard to prove, whereas a "Tased" attacker would likely be much more willing to admit an altercation occurred to explain his or her injuries. It is important to consider how the police and/or prosecutor may view a situation when deciding whether to use a Taser to defend yourself. The Utah Code says that a person is justified in using physical force (or deadly force) against someone who enters or intends to enter a person’s home unlawfully (such as a burglar). This is not as applicable to the street. Again, self-defensive Tasering is only permitted when it is necessary to prevent a reasonable belief of bodily injury or serious bodily injury. Simply putting someone at bay with no immediate intent to injure you will not justify a Taser use. Shooting a Tasering at the arm of someone who is trying to get away down the street will not be justified, even if this will likely stop their aggression.

Tasers versus other self-defense options

Pepper spray is a common self-defense tool, easily accessible and legal to carry in Utah. Some individuals may find it preferable due to its simplicity: point and spray. However, its effectiveness can be heavily dependent on environmental factors like wind direction and the person’s ability to aim accurately. Tasers, while more complex, carry an advantage for self-defense situations. Their incapacitation range, typically about 15 feet, lets you create distance from an attacker while still being able to stop them. They are also less likely to be interrupted by other negligent factors, such as wind or clothing obstruction. While there are models that deploy a "wireless" effect like pepper spray, such tools do not have the same incapacitating effects that actual Tasers do.
Tasers even more advantages over pepper spray, specifically their ability to incapacitate an individual without harming them permanently or causing any long-term damage, as firearms may. Police forces across the country, including in Utah, are regularly advised to use Tasers as they can be a more humane lawful alternative to firearms or clubs. Tasers can even be effective against individuals who are under the influence of drugs or alcohol, which pepper spray and firearms are not capable of doing. Additionally , the spread of the wires allows the user to avoid directly hitting critical organs that could be lethal at close range.
There is one substantial downside to Tasers, especially when compared to pepper spray: they may not immediately work as intended. The prongs of the Taser must make contact with the assailant’s body, so if the user is too far away from the assailant, or the clothes they’re wearing block the prongs, they may not make contact. Many Tasers now have a second option: a stun mode. This allows someone to use the weapon in a close-quarters situation, where they simply need to hold the taser against the assailant to be shocked. This, in and of itself, should require a bit more thought than pepper spray, but still offers a preferable solution when there is an immediate threat to safety.
There is no law against possessing a firearm or pepper spray, and even Tasers are not illegal to possess in most circumstances, especially if that Taser is used for self-defense. While tasers do not have a substantially different legal status than firearms, their lower lethality make them a practical alternative to firearms for many individuals; whereas even pepper spray can be banned in workplaces or schools, Tasers can be transported without similar limitations. Many people also tend to view Tasers and other nonlethal self-defense tools more favorably than firearms, which may be preferable depending on the specific circumstances.

Legal penalties for taser misuse

While the legal use of a Taser might not have any precedent in Utah case law, there are laws on the books and cases on the record that demonstrate that Taser use can very quickly turn illegal and lead to criminal charges. After all, when less lethal means such as tasers are used, there is always the possibility that they could turn fatal, depending on how close the owner of the Taser gets to the person being zapped.
A person who uses a Taser on someone without having a good reason, such as having a reasonable belief that they were at risk of death or severe injury, could face charges of assault. Assault in Utah is defined under Utah Code 76-5-102 as "the infliction, attempt to inflict, or threat to inflict physical injury on the person of another." Controls, chemicals and electronic weaponry such as tasers could fall under the definition of chemicals.
Whereas a conviction for simple assault, which is a class C misdemeanor, includes up to 90 days in jail, committing assault against an elderly person is usually classified as a third degree felony, which brings a potential sentence of up to six years in prison. A second degree felony carries a possible 15-year prison sentence.
Annuities expert Keith Rosen says that some Taser owners may believe they should give someone a tased person 30 seconds of recovery time before continuing to taser them if they continue to be aggressive. "You can adjust the safety feature so that you can get five 30-second bursts before the battery runs out," Rosen adds. However, a Taser owner providing 30 seconds of recovery time may not hold up in a court and is viewed instead as excessive force. Tasering someone multiple times could even constitute attempted murder or aggravated manslaughter, especially if the victim dies after the third jolt (the taser sends out three bursts). Tasers that are misused could also be contestable for the fact that they can cause brain damage and personal injury.

Summary of what taser purchases and licenses involve

In Utah, there is no requirement that a purchase permit be obtained prior to the purchase of a Taser. Although neither the state of Utah nor any counties or municipalities specifically require a license to own a Taser, Utah law does require a buyer-provided background check for those purchasing Tasers from an out-of-state dealer. Federal law requires a nationwide criminal background check for Tasers purchased from an in-state dealer.
Utah law prohibits a person under 18 years of age from purchasing or possessing a Taser. However, this section does not apply to a person younger than 18 years of age who is purchasing or possesses a Taser for an educational institution in the course of a controlled course of study and who is sponsored for that purpose by the educational institution.
Background checks for Tasers are required by both state and federal law. State law permits the sale or transfer of Tasers from a private party to an unlicensed individual under the same rules found in Title IV of the Gun Control Act of 1968. Federal law requires licensed dealers to complete an NICS background check before the sale or transfer of Tasers.
Under federal law, a federally licensed dealer selling a Taser may not sell that Taser to a buyer until the dealer receives approval of the sale or other authoritative verification of eligibility for a Taser. However , Utah law is controlled by the more specific provisions in Utah Code Ann. § 76-10-523 which provide that a person wishing to purchase a Taser must first provide the seller with evidence of a "background check" conducted through a commercial data base approved by the point of the Electronic Systematic Treatment of Point of Sale (ESPOS) system as described in Utah Code Ann. § 53-5-710.
Utah law requires federal licensed dealers selling Tasers to conduct either a National Instant Criminal Background Check System (NICS) background check or a Utah background check. A Utah background check may be completed through the Utah Criminal Information System (UCJS) or the Bureau of Criminal Identification (BCI). If the dealer uses UCJS, the dealer must submit the completed Transaction Record Request Form (TRRF) to the Bureau of Criminal Identification (BCI) via mail or electronic transmission and must wait to receive the responsive BCI record of criminal history before delivering the Taser to the purchaser. If the dealer wishes to use the BCI background check, the dealer must request payment from the purchaser (cash, check, or credit card) at the time of the transaction and must obtain a notarized Statement for Purchase of Ammunition or Handgun Form signed by the purchaser. The purchaser must then present an acceptable form of identification. Once BCI receives the Statement for Purchase of Ammunition or Handgun Form and proof of payment (cash, check or credit card) in the mail it performs the background check within 10 minutes. BCI approves or denies a request to purchase a Taser at the time the check is run. If the request is denied, a reason for the denial will be provided to the purchaser. Information related to the 10-minute background check is valid for 4 hours only. If the licensee did not subsequently receive a purchase permit from BCI, the purchaser must either repeat the process or provide the dealer a copy of the purchase permit issued before delivery can occur.