Are Tasers, Stun Guns, Byrna Launchers and Pepper Spray Legal in Indiana?

The short answer

All four are legal for most Indiana adults. The rules differ by device, though, because Indiana law treats them differently.

How does Indiana define tasers and stun guns?

Indiana Code chapter 35-47-8 sorts electric devices into three groups:

• Electronic stun weapon (IC 35-47-8-1): a device designed to put out a charge stronger than the equivalent of a 5 milliamp, 60 hertz shock.
• Stun gun (IC 35-47-8-2): a device whose charge equals or stays under that 5 milliamp, 60 hertz level.
• Taser (IC 35-47-8-3): a device designed to deliver its charge through a projectile and used to temporarily incapacitate a person. A TASER that fires probes on wires fits here.

Which group a contact device falls into depends on its electrical output, not its name on the box. If you aren’t sure, ask the manufacturer.

Do you need a license to carry a taser in Indiana?

No, as long as you could legally carry a handgun. IC 35-47-8-4 says Indiana’s handgun chapter, IC 35-47-2, applies to electronic stun weapons and tasers. Since July 1, 2022, that chapter lets adults 18 and older carry a handgun without a license if they are not a prohibited person under IC 35-47-2-1.5. Read together, the same test applies to a taser.

That cuts both ways. Felons, people under a protective order, people convicted of domestic violence and the other groups on the prohibited list can’t carry a taser any more than they can carry a handgun. Our permitless carry guide covers the full list. The handgun chapter also bars transferring a handgun to anyone under 18, with exceptions such as a parent or guardian (IC 35-47-2-7), so expect the same age line for tasers.

You may still see older pages, including some sheriff’s office pages, saying you need a carry license for a taser. Those were written when Indiana required a license for handguns. If you want to be sure where you stand, the free Indiana license to carry is still available.

What about stun guns?

Lower output stun guns have their own section, IC 35-47-8-5. Anyone 18 or older may buy or possess one. Selling or giving one to someone under 18 is a Class B misdemeanor, and using one to commit a crime is a Class A misdemeanor.

Is a Byrna launcher a firearm?

No. Under federal law, a firearm is a weapon that expels a projectile “by the action of an explosive” (18 U.S.C. 921(a)(3)). Indiana’s definition in IC 35-47-1-5 also turns on an explosion. Byrna launchers run on compressed CO2, like paintball and airsoft markers, so they meet neither definition. Byrna’s own FAQ says its launchers are not firearms under ATF rules and sets 18 as its minimum age to buy.

Because a Byrna is not a firearm or a handgun, Indiana’s handgun carry rules don’t apply to it. Byrna notes that some states restrict its pepper and tear gas projectiles and some cities restrict CO2 launchers, so check the rules before you travel with one.

Is pepper spray legal in Indiana?

Yes. We could not find an Indiana statute that limits pepper spray by size, strength or the buyer’s age. Retailers and manufacturers often set their own age minimums.

Can using one of these devices still get you charged?

Yes. Owning one is legal; misusing one is not. Indiana’s definition of “deadly weapon” (IC 35-31.5-2-86) names tasers and electronic stun weapons, and it covers chemical substances and other devices when they are readily capable of causing serious bodily injury in the way they are used. The exception in that statute is for trained police officers on duty, not civilians. Using any of these devices outside lawful self-defense can lead to charges, and the deadly weapon label can raise the level of the offense.

Using a stun gun on a police officer who is performing official duties is a Level 6 felony under IC 35-47-8-5. Don’t point any of these devices at an officer.

Where can’t you carry them?

• Airports and planes. TSA does not allow stun guns or shocking devices in carry-on bags. They can go in checked bags packed so they can’t discharge. Pepper spray is also checked bag only: one container of up to 4 ounces with a safety mechanism, and some airlines ban it entirely. Indiana also makes it a crime to enter an airport screening area with a deadly weapon (IC 35-47-6-1.3).
• Federal buildings and post offices. Federal rules restrict weapons in federal facilities. Leave these devices at home or in the car.
• Schools. Indiana’s school property law, IC 35-47-9-2, is written about firearms. Schools still set their own weapon rules for students, staff and visitors, so don’t bring a taser, Byrna or pepper spray onto school grounds without checking.
• Private property. Businesses and property owners can ban weapons, including these.

The places in our guide to where you cannot carry in Indiana are a good starting list, since tasers follow the handgun carry rules.

Do you need a background check to buy one?

Not under federal law. Tasers, stun guns, Byrna launchers and pepper spray are not firearms under federal law, so there is no ATF Form 4473 and no NICS check. TASER’s own FAQ says its Pulse 2 is not classified as a firearm. You still need to be legally allowed to have the device in Indiana, which for a taser means you are not a prohibited person.

Tasers and Byrna at Condition Red Tactical

We carry TASER products, including Pulse battery packs, and Byrna launchers in .61 and .68 caliber at our shop at 866 S State St in Greenfield. Call ahead to ask what is in stock, or browse the online store. If you have questions about a specific model, contact us or call (317) 967-7172.

If you decide you would rather carry a handgun, our guide to choosing your first handgun is a good place to start.

Gun laws change, and this guide is general information, not legal advice. Check the current Indiana Code or talk to an Indiana attorney about your specific situation.