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When Rep. Joe Booth, R-Georgetown, of Georgetown heard about a home break-in last year at Whispering Pines in Lewes, he learned the perpetrator had used a stun gun to incapacitate his victim.
What he didn’t realize at the time is that under Delaware law, stun guns are not considered as dangerous as knives or tear gas – nor do they carry the same penalties.
Using a stun gun would result in a misdemeanor charge, but if a criminal used tear gas such as Mace, he would be charged with a felony, Booth said.
Taser International produces 90 percent of all stun guns, said Booth, and as a result the word Taser is commonly confused with stun guns or electronically controlled devices (ECDs). Booth said possession of a stun gun should be considered on the same level as possession of other dangerous weapons.
Stun guns fire a 50,000-volt charge, causing a victim to lose muscular control and collapse.
On Jan. 23, Booth sponsored House Bill 298, which would make it a felony for anyone who is not a member of law enforcement to use stun guns.
“The penalties should be equal. We have a choice to bring Mace down or Tasers up,” he said. Stun guns should be kept out of the hands of civilians, Booth said.
Booth said he expects the bill to move out of the Judiciary Committee to the House and be voted on next week.
While Booth’s law targets use of stun guns by criminals, state police in February authorized the use of stun guns by 100 specially trained troopers.
Sgt. Josh Bushweller of the Delaware State Police Public Information Office said use of stun guns follows a six-month pilot program and that policies and procedures for using stun guns have been spelled out.
Bushweller said stun gun manufacturers call stun guns a less-than-lethal tool.
Their use is permitted in cases of active aggression toward police officers or for someone resisting lawful arrest, he said. “Using a Taser, you’re not going to kill anyone. Using a gun, you will,” said Bushweller.
However, the American Civil Liberties Union reports that from 1999 to 2005, 148 people in the United States and Canada have died after police used stun guns on them. In Delaware, Bushweller says, no one has been severely injured or killed. “I’m fairly certain, with all the research we have, there have been no deaths in Delaware,” he said.
Rehoboth Beach Police Chief Keith Banks said nearly all local police departments use stun guns. “To the best of my knowledge, Rehoboth Beach and Seaford are the only communities that do not use stun guns in the county,” Banks said.
Dr. Ivan Sun, associate professor of sociology and criminal justice at the University of Delaware, said, “There’s some concerns of safety even when a company claims it is safe.”
He does not think that civilians should use stun guns until there has been more research. “If you put those kind of weapons into civilian hands without limits or constraints – that’s a concern,” said Sun.
He also said more studies are needed to determine whether stun guns are a good alternative for police officers.
“The problem is that the weapon has been labeled ‘nonlethal,’ but in some cases it causes death. Lots of time the cops have no idea about the physical condition or health of the person,” he said.
Contact Kevin Spence at k.spence@capegazette.com
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