A New Jersey boy brings attention to a potential consequence of neglecting bullying in our schools. Explaining it was for self-defense, a twelve-year-old middle school student reportedly brought a stun gun to school with him. It was a real, functional stun gun or "touch taser," that the boy felt he needed for protection. Police do not believe it was a weapon belonging to his parents, or that they even knew about it. The boy said he mailed cash somewhere to purchase the weapon.
Stun guns and tasers are illegal in New Jersey. You need not use it; just having a stun gun or taser is illegal. Legally, a weapon is anything that can be lethal or cause serious physical injury. In the statute prohibiting these devices, a taser or stun gun includes anything that would emit an electric current or charge meant to disable someone, or cause temporary or permanent harm. If you are caught with this weapon, or it is proven that you have it or wielded it against someone, you can be charged with a fourth degree crime, sentenced up to 18 months in prison and fined up to $7,500.00, though if you have no prior convictions you will not be incarcerated.
You might anticipate that students would look for other ways to protect themselves from bullies, or any other social danger. New Jersey has rules about mace and pepper spray, two devices commonly associated with self-defense. You can have pepper spray if you are over 18 years of age, have never been convicted of a felony, and as long as the bottle contains ¾ of an ounce or less of spray. It must not ordinarily be capable of having a lethal effect or serious injury, but rather, cause temporary disability, presumably through pain or discomfort. Beyond possession, you may only use it if you feel that you are in danger. Mace is illegal because it can cause more serious injury. So while they are relatively easily obtainable, they are also dangerous and illegal in the hands of minors.
It is sad to think that children feel the need for protection in schools. It is sad to think that it is so apparently easy to obtain such a dangerous device. Yet more support for the need to talk to our kids, and thoroughly parent, making no assumptions about what is being done in our schools. This boy was bragging about his taser, but had he not been, we do not know what he may have done, and we do not know what might have triggered his apparent need to protect himself. And if it was just the gag of a child who doesn't know better, it is clearly time to learn. That said, many grownups feel that today's world makes it necessary to arm oneself for protection that may not be at the ready when you need it. It is important to know what your legal rights are, if you make that choice, and especially if you have found yourself charged with a crime that may have allegedly been committed in self defense. In any case, contacting an attorney is crucial should you find yourself in a position that requires you to explain actions you have taken in your own defense.