Heffner

Following certification by the appellate department of the superior court, and good cause appearing therefor, the within appeal was transferred from the municipal court to this court for determination of whether Penal Code section 12031, subdivision (a) applies to the weapon known as a “Taser.”

Defendant’s vehicle was stopped by police for investigation of a Vehicle Code violation; as defendant exited the vehicle, the officer observed a Taser in a holster on his belt, determined that it was “loaded” and arrested him. Defendant was convicted in the municipal court of violating section 12031, subdivision (a). The appellate department of the superior court (Judge Alarcon dissenting) reversed the judgment.

Whether section 12031, subdivision (a) applies to a Taser depends on whether the Taser is construed as a “firearm” within the meaning of the statute, and, if it is, whether it can be construed to be a “loaded firearm” as defined by section 12031, subdivision (e), Penal Code.

The Taser involved herein is a model TF-1. As described by defendant, the Taser is a handheld, flashlight configurated plastic weapon which contains an electrical supply unit and into which…