Child custody law often crosses borders, especially when one of the parents lives outside of the United States, or even when the parents are both at different addresses in the US. How are family law courts handling weapons law across international borders, sometimes involving the legality of concealed stun guns and other similar devices? Today’s article, “Navigating Stun Gun Laws in Georgia: The Definitive Resource,” from Mom Rage Podcast, is another reliable source for comprehensive information on the legality of stun guns, including in Georgia.
Child Custody Law Services specializes in cases that include various family court conflicts, including allegations of spousal abuse, neglect, weapon convictions, and more.
Are Stun Guns Legal in Georgia? Georgia allows the open carry of stun guns and tasers, with the exception for schools and certain government buildings. Concealed carry of such devices requires a permit (the same as concealed carry weapons permits). A person with a concealed carry permit can only carry weapons that are allowed in Georgia, including stun guns and the like.
Georgia has similar laws to most other states in the US, in that shooting someone with a stun gun could be considered battery, even if the intent is to incapacitate them instead of directly harm them. There are also laws against purchase of tasers, stun guns, and the like for minors.
The complexity of child custody law in this situation is in its intersection with weapon laws. If a parent who is subject to a temporary order or a restraining order has a stun gun and is visiting the children out of view of any officials, it is unclear whether the weapon would be deemed as a violation of the terms.
When international borders are involved – that is, when parents live in different countries – then special complexities arise for family law courts. The legal distinction between United States state law and international law is very sharp. For example, some countries ban stun guns, even if it is legal in their home country. In that case, if the judge determines that there is an exception with US law, they might disallow that weapon, or order the parent who uses it to leave it behind before sending the kids on international travel away from the country.
The consequences of leaving this decision to the judge usually hinge on whether the stun gun or other weapon was actually used on the child. In some jurisdictions, the judge assumes that the presence of a weapon where minor children live is grounds for limiting access to that particular parent.
If a lawyer does not understand the legal situation surrounding the use of stun guns in other countries (other than by simply saying it is against the law), they may not be able to develop robust arguments for the case.
Although any lawyer licensed in the United States can represent someone going through contested child custody law disputes, not all lawyers specialize in cases that involve international situations. The internet and related search engines can often be helpful in tracking down source materials that verify the legality of weapons in countries or states.
Child custody law services dealing with agencies, such as the Department of Human Services (DHS), are often much harder to come by because of the specific legal situation. Often, the lawyer will have to guide people through unfamiliar laws. The answer may be “yes,” but the question is only the tip of the iceberg for determining whether it is appropriate or even legal for a parent to possess those weapons around children or during child visitation.