Are Stun Guns or Tasers Legal in Spain?
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listIn this article
lightbulbKey Takeaways
- check_circleStun guns and tasers are prohibited weapons for private citizens under Article 5.1.j) of the Weapons Regulation (RD 137/1993).
- check_circleThey are not regulated firearms of categories 1 to 7, so no licence or permit can legalise their possession.
- check_circlePossession may be an offence under Article 563 CP, punishable by imprisonment of one to three years.
- check_circleAlternatively, carrying, exhibiting or using them is a serious administrative infringement under Organic Law 4/2015 (fines of 601 to 30,000 euros).
- check_circleThe only exception is for specially authorised officers of the law-enforcement bodies; sale, import and use by private citizens are all banned.
Quick answer
No. Stun guns, tasers and other electric-discharge devices are prohibited weapons for private citizens in Spain. The Spanish Weapons Regulation (Royal Decree 137/1993), Article 5.1.j), lists "electric defence weapons" among the arms whose advertising, sale, possession and use are banned for private individuals. Because they are not regulated firearms of categories 1 to 7, their possession cannot be legalised through any licence or permit: they are prohibited objects in themselves. Possessing one may constitute the offence of possession of prohibited weapons under Article 563 CP, punishable by imprisonment of one to three years, without prejudice to administrative penalties under Organic Law 4/2015. The only exception is for specially authorised officers of the law-enforcement bodies.
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Electric self-defence devices are widely advertised online, which leads many people to assume they occupy a legal grey area. In Spain they do not. Stun guns, tasers and other electric-discharge devices are treated as prohibited weapons, and for a private citizen there is simply no lawful way to own, carry, buy or use one.
How Spanish law classifies electric defence weapons
The Spanish Weapons Regulation (Royal Decree 137/1993), in Article 5.1.j), lists among the prohibited arms "electric defence weapons, rubber or extendable batons, and tonfas or similar devices". This matters because of what it does not say: electric defence weapons do not appear among the regulated firearms of categories 1 to 7 in Article 3 of the Regulation.
The consequence is decisive. Regulated firearms can be legalised with the right licence or permit. Prohibited objects cannot. An electric defence weapon is prohibited in itself, so no authorisation, licence or permit exists that would allow a private individual to hold one legally.
A ban that covers possession, sale and use
Article 5 of the Regulation bars private citizens from the advertising, sale, possession and use of the weapons listed in its first paragraph. The ban is therefore not limited to carrying a device in the street. For a private person, buying one, importing one, keeping one at home and using it are all equally prohibited.
The only exception is for specially authorised officers of the security forces and the bodies on which they depend. Licensed dealers and brokers may supply these devices to those entities, but never to the general public.
A note on terminology: "taser" and "stun gun"
It is worth being precise here. The literal text of the Regulation refers to "electric defence weapons" and does not name "taser", "stun gun" or "electric-discharge device" one by one. These devices fall within the prohibition on "electric defence weapons ... or similar" through settled administrative and doctrinal interpretation, rather than through an express word-for-word mention in the Regulation. The practical outcome is the same: they are prohibited for private citizens.
The criminal offence: Article 563 CP
Possessing a prohibited weapon may constitute the offence of possession of prohibited weapons. Article 563 CP provides that "the possession of prohibited weapons, and of those resulting from a substantial modification of the manufacturing characteristics of regulated weapons, shall be punished by imprisonment of one to three years".
The typical conduct punished is the possession itself. Use, sale or importation can add further liability on top of that. You can read more about how these cases are defended on our dedicated page for stun guns and electric defence weapons, part of our wider work on illegal weapons possession.
Criminal offence or administrative infringement?
Not every case ends up before a criminal court. Organic Law 4/2015 on the protection of public safety treats carrying, exhibiting or using prohibited weapons as a serious administrative infringement (Article 36.10). Where the line falls between the criminal offence of Article 563 CP and an administrative infringement is decided in practice by the courts, according to the dangerousness and the circumstances of the object and of its possession.
One firm rule applies throughout: the non bis in idem principle. The same facts cannot be punished twice, so a person cannot be sanctioned both criminally and administratively for the identical conduct.
Administrative fines
- Serious infringements under Organic Law 4/2015 are punished with fines of 601 to 30,000 euros (Article 39).
- Very serious infringements carry fines of 30,001 to 600,000 euros.
How this compares with other self-defence items
Electric defence weapons sit in the same list of prohibited items as certain batons, which is why the analysis for an extendable baton runs along similar lines. Other self-defence products follow different rules altogether; for example, the position on pepper spray in Spain is not the same, because not every self-defence item is a prohibited weapon. If you are unsure about a specific device, the safest course is to check its exact classification before acquiring it.
If you are facing an investigation
If you have been stopped, reported or investigated in connection with a stun gun, taser or other electric-discharge device, the classification of the object and the circumstances of its possession will shape whether the matter is treated as a criminal offence under Article 563 CP or as an administrative infringement. Those distinctions can make a substantial difference to the outcome.
To discuss your situation with a criminal defence lawyer, call us on 91 078 65 74.
Under investigation for possessing a prohibited weapon?
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Frequently asked questions
Are stun guns and tasers legal for private citizens in Spain?expand_more
No. Under Article 5.1.j) of the Weapons Regulation (Royal Decree 137/1993), electric defence weapons are listed among the prohibited arms whose advertising, sale, possession and use are barred for private individuals. There is no lawful way for a private person to own, carry, buy or use one in Spain.
Can I get a licence or permit to carry a taser in Spain?expand_more
No. Electric-discharge devices are not regulated firearms of categories 1 to 7 under Article 3 of the Regulation, so they cannot be legalised through a licence or a firearms permit. They are prohibited objects in themselves, not weapons subject to authorisation.
What is the penalty for possessing a stun gun or taser in Spain?expand_more
Possessing a prohibited weapon may constitute the offence of possession of prohibited weapons under Article 563 CP, punishable by imprisonment of one to three years. Depending on the circumstances, the conduct may instead be dealt with as a serious administrative infringement under Organic Law 4/2015.
Is possession a criminal offence or an administrative infringement?expand_more
It can be either. Article 563 CP defines the criminal offence, while Organic Law 4/2015 (Article 36.10) treats carrying, exhibiting or using prohibited weapons as a serious administrative infringement. In practice the courts draw the line according to the dangerousness and circumstances of the object and its possession. The non bis in idem principle means the same facts cannot be punished twice.
How much are the administrative fines for prohibited weapons in Spain?expand_more
Serious infringements under Organic Law 4/2015 are punished with fines of 601 to 30,000 euros (Article 39); very serious infringements carry fines of 30,001 to 600,000 euros.
Does the ban apply to buying, importing or using these devices as well?expand_more
Yes. Article 5 of the Regulation bars private citizens from the advertising, sale, possession and use of these devices, so selling them to the public, importing them and using them are all prohibited. Only supply to bodies with specially authorised officers is lawful.
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