NJ Attorney General Approves Police Use of Stun Gun Meeting Criteria Set Forth in Revised Policy Governing Use of Stun Guns

Paula T. Dow, Attorney General 

Division of Criminal Justice

Stephen J. Taylor, Director

For Immediate Release:                           For Further Information Contact:

October 14, 2011                                  Paul Loriquet or Peter Aseltine

(609) 292-4791

ATTORNEY GENERAL CLEARS WAY FOR POLICE TO PURCHASE STUN GUNS BY ANNOUNCING DEVICES THAT MEET CRITERIA UNDER NEW POLICY

Approved state training is ready for police departments that purchase the devices

TRENTON – Attorney General Paula T. Dow today cleared the way for police departments in New Jersey to purchase and deploy stun guns by announcing specific devices which have been tested and found to meet the criteria set forth in her revised policy governing the use of stun guns.  An approved training program for police has been developed to meet the requirements of the new policy.

Attorney General Dow developed the new policy on “conducted energy devices” in consultation with the law enforcement community because the pre-existing policy was found to be too restrictive regarding the number of officers who could carry the devices and the circumstances in which they could be used.  The new policy gives police a practical alternative to deadly force in appropriate situations.  The Attorney General’s Office, in the interim, has worked with academy directors and other experts to develop and obtain approval from the Police Training Commission for a training course. All officers who will carry the devices must complete the course, which includes instruction on recognizing mental illness and dealing with emotionally disturbed persons.

Since Attorney General Dow announced the new policy, the New Jersey State Police has researched and tested the available conducted energy devices to identify all models that meet the rigorous criteria set forth in the policy.  The policy requires that approved devices make a date- and time-stamped digital video recording of every instance when the device is discharged. All digital data and video recordings captured by the device must be safeguarded so that only supervisory personnel can access them as part of a prompt and thorough investigation of every discharge of a stun gun.

“I made it a priority to provide police officers in New Jersey, for the first time, with the realistic option of using stun guns as an alternative to deadly force,” said Attorney General Dow. “Today I am announcing that these important tools are now available for purchase by police departments to help officers save lives. We are also ready to roll out mandatory training on how to use these devices responsibly and effectively.”

The Attorney General sent a letter to all county prosecutors today directing them to notify police departments that they are authorized to buy and deploy these devices, which meet the policy criteria:

·         Taser International Model X26

·         Taser International Model X2

If new devices become available in the future that meet the criteria, they can be submitted for testing and possible addition to the authorized list.

The new policy continues to restrict use of stun guns, for the most part, to situations where an officer seeks to prevent a suspect from causing death or serious bodily injury to an officer, to another person, or to himself or herself.  Law enforcement officers may not use them against a person who is only offering passive resistance to commands.

At the same time, the new policy eliminates restrictions in the prior policy that, as a practical matter, would frequently have prevented officers from using stun guns as an alternative to deadly force during a swiftly unfolding crisis.  The prior policy was so restrictive that, in some instances, it prohibited the use of a stun gun in situations where an officer could use lethal force.

Additional details of the new policy are outlined in the Oct. 7, 2010 press release, which is posted on the Attorney General’s website at www.njpublicsafety.com along with a copy of the policy itself.

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