CPSC OGC Advisory Opinion No. 226

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susJEcT, Jurisdiction over the Taser Public Defender

The Consumer Product Safety Act gives tne Consumer

Product Safety Commission jurisdiction over all consumer

products.

The term "consumer product" excludes " ... any

article which, if sold by the manufacturer, producer,

or importer, would be subject to the tax imposed by

section 4181 of the Internal Revenue Code of 1954 ... or

any component of any such article ... " (15 U.S.C. 2052

(a) (1) (E)).

Section 4181 includes pistols, revolvers,

firearms, shells and cartridges.

(Emphasis added)

The question is whether the "Taser" is a firearm

within the meaning of section 4181 of the Internal

Revenue Code (26 U.S.C. 4181).

The term firearm has

been defined in 18 u.s.c. 921 (Gun Control Act of

1968), 15 U.S.C. 901 and 26 u.s.c. 5848.

It is not

clear which definition is applicable, however 18 u.s.c.

921 is the most comprehensive.

(3)

The term "firearm" means (A) any

weapon (including a starter gun) which

will or is designed to or may readily

be converted to expel a projectile by

the action of an explosive;

(B) the

frame or receiver of any such weapon;

(C) any firearm muffler or firearm

silencer; or (D) any destructive de­

,vice.

Such term does not include

an antique firearm.

(Emphasis added)

(4)

The term "destructive device"

means­

(A) any explosive, incendiary,

or poison gas ­

(i)

bomb,

(ii) grenade,

(iii) rocket having a pro­

pellant charge of more than

four ounces,

f an explosive;

(B) the

frame or receiver of any such weapon;

(C) any firearm muffler or firearm

silencer; or (D) any destructive de­

,vice.

Such term does not include

an antique firearm.

(Emphasis added)

(4)

The term "destructive device"

means­

(A) any explosive, incendiary,

or poison gas ­

(i)

bomb,

(ii) grenade,

(iii) rocket having a pro­

pellant charge of more than

four ounces,

(v)

-2­

(iv)

missile having an explosive

or incendiary charge more than one­

quarter ounce,

mine, or

(vi.)

device similar to any of

the devices described in the pre­

ceding clausesś

(B}

any type of weapon (other than a

shotg:un or a shotgun shŜll which the

SecrE!tary finds is generally recognized

as particularly suitable for sporting

purpc>ses} by whatever name known which

will, or which may be readily converted

to, ŝxpel a projectile by the action

of an explosive or other propellant,

and which has any barrel with a bore

of more than one-half inch in diameter;

and

(Cl any combination of parts either

designed or intended for use in con­

. verting any device into any destructive

device described in subparagraph (A} or

(B) and from which a destructive device

may be readily assembled.

In response to an inquiry from Mr. J.E. Rogers of

Rogers, Mirabelle' Ş( Berlanti dated 10-12-73 concerning the

classification of the "Taser" under the provisions of the

Gun Control Act of 1968, Mr. A. Atley Peterson, Assistant

Director, Technical and Scientific Services, Bureau of

Alcohol, Firearms and Tobacco, Department of the Treasury

concluded the following:

The "Taser" is not a firearm as defined

in 18 U. S . c. 92ş Rationale- Although the

"Taser" wires are expelled by the explosion

or expansion of gases generated by the ignition

of 4/5 of a grain of smokeless powder, the wires

and appropriate wire contacts do not meet the

definition of a projectile.

The determination

is based on the fact that the muzzle velocity

is well below the standards established by

s not a firearm as defined

in 18 U. S . c. 92ş Rationale- Although the

"Taser" wires are expelled by the explosion

or expansion of gases generated by the ignition

of 4/5 of a grain of smokeless powder, the wires

and appropriate wire contacts do not meet the

definition of a projectile.

The determination

is based on the fact that the muzzle velocity

is well below the standards established by

-3­

the Office of the Surgeon General,

Department of Army.

Research studies

conducted by that office indicate that

an impact velocity of from 125 to 170

feet per second, contingent on the

composition. and shape of the projectile,

is necessŠry to cause a break in the skin

. in an unclothed area.

These findings

reinforce the finding of ATF that the net

or barbs are not projectiles since they

deploy over a strictly limited area and

are still attached to the basic component

by means of the wires which convey the

electric charge.

This office agrees with the findings of the Alcohol,

Tobacco and Firearms Division of the Department of the

Treasury and concludes that the "Taser" does not fall with­

in the purview of section 4181 of the Internal Revenue

Code of 1954 (26 u.s.ec. 4181)e.

Since the "Taser" is not

specifically excluded under the Consumer Product Safety

Act, the Commission can exercise jurisdiction over the

product under that Act.

While the views expressed in this opinion are based

on the most current interpretation of the law by this

office, they could subsequently be changed or superseded.

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