New York Stun Gun Laws
New York: Stun Guns and Tasers are Legal
The sale, possession and use of stun guns and Tasers for self defense are legal without major restrictions. The misuse of a stun device in the commission of a crime or assault can result in criminal liabilty. We sell and ship to New York.
Until April 2019, it was a misdemeanor in New York to possess an electronic stun or dart gun. The only exceptions were for law enforcement, authorized military servicemembers, and certain defense contractors. (N.Y. Penal Law §§ 265.01,265.20 (2019).) However, a U.S. District Court ruled that the state’s “sweeping,” complete ban on possession or use of these weapons by civilians, even for self-defense in their own homes, violated the Second Amendment right to keep and bear arms. The court relied on the U.S. Supreme Court’s decision in District of Columbia v. Heller, 554 U.S. 570 (2008), which found that the Second Amendment protects an individual’s right to possess firearms and use them for lawful purposes, even weapons that weren’t in existence when the Bill of Rights was added to the U.S. Constitution. (Avitabile v. Beach, __ F.Supp.3d __ (N.D.N.Y. 2019).)
The Avitabile court explicitly left open the possibility that some restrictions on the possession and/or use of stun guns and Tasers would be constitutional. So it’s up to the New York legislators to change their laws if they want to impose restrictions, like permit requirements, similar to stun gun laws in some other states. Eventually there may be other county/local laws regulating stun device possession within the State of New York. It is the sole responsibility of the individual possessing the CEW to research and comply with all laws.
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*Disclaimer: The above laws reflect the best information we have at this time and may or may not be complete. In no way should this be regarded as the final word on the legal status of stun devices nor is this information intended to take the place of legal counsel or be looked at as being any form of legal advice. Please check with your local authorities to obtain the latest information on the legality of stun devices in your area. As a reminder, it is the responsibility of the end user to check their local and state laws to determine legality.
