Taser That Is Actually a Firearm… Armed Attorneys Explain

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Armed Attorneys Emily Taylor and Richard Hayes break down a strange legal question coming out of Harris County, Texas: Could the Axon TASER 10 actually qualify as a firearm under Texas law?

A Taser is supposed to be a less-lethal option—but one technical change to the TASER 10 may create a major problem for Texas self-defenders. Because the device uses an electrically initiated primer to propel its probes, the Harris County District Attorney has formally asked the Texas Attorney General whether it falls within the Texas Penal Code definition of a “firearm.”

Why does that matter? If the TASER 10 is legally considered a firearm, does using one suddenly become a use of deadly force? Could someone carrying or possessing one face the same firearm restrictions that apply to an actual handgun? And why does Texas law already define a Taser as a “stun gun” while potentially allowing the TASER 10 to fit both definitions?

Emily and Richard explain the conflict between Texas Penal Code §§ 1.07, 46.01, 38.14, and the newer § 9.55 governing less-lethal force weapons. They also discuss the self-defense consequences: under their analysis, classifying the TASER 10 as a firearm could move its discharge from ordinary force into the much more restrictive deadly-force category.

There was an effort during the 89th Texas Legislature to address this issue. The committee substitute for HB 3669 would have expressly excluded a “stun gun as defined by Section 38.14” from the definition of firearm, but the bill did not ultimately become law. (Texas Legislature Online) Richard Hayes testified in favor of HB 3669 on behalf of Gun Owners of America, and Emily Taylor registered in favor of the bill on behalf of Gun Owners of America–Texas.

Meanwhile, Texas Penal Code § 9.55 now expressly recognizes stun guns and other devices as “less-lethal force weapons”—but that protection specifically applies to peace officers and correctional facility guards performing their official duties. (Texas Legislature Online)

Could Texas end up with one standard for police officers and another for ordinary citizens? And could choosing a less-lethal option actually expose a self-defender to more serious legal consequences?

Watch as Armed Attorneys Emily Taylor and Richard Hayes explain why this seemingly technical definition could have huge consequences for Texas gun owners and anyone relying on a Taser for self-defense.

SOURCE DOCUMENTS

* Harris County DA Request for Texas Attorney General Opinion — RQ-0657-KP: Texas Attorney General request
* HB 3669 Committee Substitute: Texas Legislature bill text
* HB 3669 Witness List: Texas Legislature witness list

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📌 General Information OnlyThe material presented is for general informational, educational, and entertainment purposes only and should not be construed as formal legal advice or the formation of a lawyer-client relationship. Always consult an attorney for specific legal guidance.

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