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Are Stun Guns Legal in NY

Posted by   Steve Thibeault
01/25/2017
0
Are stun guns legal in New York?

We get many questions asking about if stun guns or tasers are legal in the state of New York. The quick answer for most people is: No, they are not. Defined under New York Penal Law § 265.00, the definition of a stun device covers two definitions.

 15-a. “Electronic dart gun” means any device designed primarily as a weapon, the purpose of which is to momentarily stun, knock out or paralyze a person by passing an electrical shock to such person by means of a dart or projectile.

15-c. “Electronic stun gun” means any device designed primarily as a weapon, the purpose of which is to stun, cause mental disorientation, knock out or paralyze a person by passing a high voltage electrical shock to such person.

In 15-a, an electronic dart gun would refer to any TASER Device. These are the devices that police officers use in place of their sidearm to stop and gain control of a suspect.

In 15-c, an electronic stun gun would refer to the many different stun devices that also emit an electrical discharge but do not send out any projectiles or dart. Instead, direct contact must be made with the device itself and the person one is trying to stun. It is a direct contact weapon as opposed to one which can be used from a distance.

Generally, law enforcement personnel are exempt from this penal code and are authorized to carry such devices with them in the course of their official duties.

A cilvilian, however, can be found guilty of criminal possession of a weapon in the fourth degree when: He possesses an electronic dart gun or an electronic stun gun.

 - See more at: http://codes.findlaw.com/ny/penal-law/pen-sect-265-00.html

Examples of Stun Devices Not Legal in New York

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