Are Stun Guns Legal in NY?

Before thinking of getting a stunning device, New Yorkers should first know in what situations are stun guns legal in NY to keep from crossing to the wrong side of the law.  Good news - we have answers.

Back in 2019, a big change happened. A court ruling made it okay for regular folks to own and use tasers and stun guns in New York. Our blog will guide you through what you need to know about these rules.

Here are the facts about the usage of stunning devices.

Key Takeaways

• Stun guns became legal in New York in 2019 after a court ruling. People can now own and use them with some rules.
• You must be 18 or older to have a stun gun in New York. These devices are not allowed in places like schools or government buildings. Breaking these rules can lead to serious trouble, including fines or jail time.
• Those with a record of felony or misdemeanor are prohibited from buying and carrying stun guns.. Dealers selling stun guns must be licensed and can only sell two stun guns per person at one time. Buyers need to prove they're old enough and haven't committed serious crimes.
• Safety training is recommended for proper use of stun guns, following laws on when and how they can be used for self-defense but not aggression.

Current Legal Status of Stun Guns in New York

Stun guns are now legal in New York after a ban was lifted in 2019. People can own and carry them with some rules they have to follow.

Historical Ban and 2019 Court Ruling

Before 2019, Tasers were seen as "per se" items. This meant they were automatically illegal under New York's laws. People couldn't have them for personal defense. But in 2019, things changed a lot.

A court decided that civilians could own and use Tasers.

This decision came from two places: the U.S. Supreme Court’s ideas on the Second Amendment and a big case called District of Columbia v. Heller. These two made the court see that people should be able to defend themselves with Tasers.

After this ruling, New York passed a law in 2019 making it legal to have Tasers for self-defense. This was important for people who wanted a way to protect themselves without using deadly force. 

Any use of a stunning device other than self defense, such as the conduct of crime, is a serious offense classified as Class E  felony and such violation includes a fine of up to $5000 and one to four years jail term as per N.Y. Penal Law §§ 120.55, 70.00, 80.00.

Ownership and Carry Laws

After the 2019 court decision changed rules about electroshock weapons, New Yorkers can now own stun guns. Selling these devices is also under strict control. Only licensed firearms dealers can sell them, and they must check that buyers are old enough and not felons or assault offenders.

Buyers must show they are at least 18 years old and sign a statement saying they have not done serious crimes. 

You cannot take stun guns everywhere, though—schools, government buildings, and other restricted areas are off-limits. Owners need to know where it's legal to carry their device so they don't break the law by mistake.

Specific Regulations for Stun Gun Use in New York

In New York, you need to be 18 or older to have a stun gun. You also can't have one if you've committed serious crimes before.

Age Requirements

In New York, you must be at least 18 years old to buy a stun gun. This rule makes sure that younger people can't get these weapons too easily.  Before buying one, you have to show your age and that you don't have any felony or assault offenses. Such a rule protects everyone.

They do this to follow the law and keep everyone safe.

Stun guns can be obtained only from licensed dealers. They can't sell more than two stun guns to one person at the same time. This limit helps control how many stun guns are out there and ensures that they don't end up in the wrong hands.

Permit and Background Check Requirements

Buying and carrying a stun gun is allowed in NY with no permit nor background check needed provided he or she is at least 18 years old and has no record of felony or misdemeanor.  

When buying a stunning device, showing proof of age is a must. You also need to say that you haven't done any felonies or assaults. This step helps keep these powerful tools out of the wrong hands. 

It's like a safety check to make sure the person carrying the stun gun won't use it for bad things.

Not all stores can sell stun guns; doing so requires a license to sell. The New York State feels that Tasers should be sold safely and therefore requested the Department of Health to set guidelines on the production and selling of stun guns.

These steps try to balance safety with the right to self-defense. They prevent misuse, but allow people to protect themselves using non-lethal weapons such as Tasers and other stun devices.

Restrictions and Limitations

In New York, regulations apply about carrying stun guns in the public. Lack of knowledge of these laws can put one in serious trouble through fines or possibly jail time.

Public Carrying

One can carry it in private businesses or grocery stores unless otherwise specified by the business establishment, but carrying a stunning device in government buildings and schools are prohibited. 

Legal Implications of Abuse

Now that we have discussed the use of stun guns in public areas, let us discuss what happens if someone uses one improperly. If a person uses a stun gun to restrain an officer, that is a serious offense.

It is known as a Class D felony. The law has recently been amended to clarify this.

If an individual breaks this law, that person experiences very serious problems with Section 195.08 of the penal code. This legislation became effective upon adoption. Nonetheless, not all individuals may possess these weapons.

To illustrate, a minor aged less than 18 years or any person who exhibited mean acts during his previous times cannot carry these weapons. That covers individuals who commit acts of violence or dangerous crimes.

Self-Defense vs. Aggression

Ethical use of stun guns is only as needed to stop someone who is trying to hurt you, a way to keep yourself safe without causing lasting harm.

Tasers render an attacker helpless without causing permanent harm. Provided that is done, the law permits it.

The state nevertheless strongly cautions against several acts that are prohibited-tortious and wanton attacks with no justification whatsoever, and also stun gunning police officers. Under New York law, this is a very serious crime and could rank as a Class D felony.

That is why it becomes essential to know the distinction between protection and aggression.

Safety training makes this difference quite clear. Courses are conducted on how and when to use tasers appropriately. Keeping these gadgets out of the reach of children or criminals is in line with the law too.

Observing these guidelines ensures that everyone remains on the right side of the legal and ethical lines.

Safety Training Recommendations

Safety training is an important thing to the right handling of stun guns. It reminds people how to use the same safely and lawfully.

1. Training from local law enforcement agencies for courses. Generally, such organizations have classes on how to use Tasers properly.
2. Find out legal dos and don'ts regarding stun gun use in your area, more so New York. Knowing these can help you avoid legal harassment.
3. Practice using the device in a controlled setting. This builds confidence and skill.
4. Know what a stun gun does to an attacker. Know what it does to a person.
5. Know the safety features of the device. Accidents can be prevented this way.
6. Know the maximum charge your stun gun can deliver. New York rules will tell you what that limit is.
7. Follow rules where you are allowed to carry your stun gun in public.
8. Know when it is legally acceptable to use the stun gun for self-defense.
9. Whether a permit or a background check is needed before purchasing a stun gun in New York.
10. Always know changes in laws about stun guns in your state.

Training will not only teach the usage of a stun gun but also when it is right or wrong to use it. It helps ensure that its usage is for self-defense, not aggression, following New York's rules and ethical practices for safety and respect of others' rights.

Future of Stun Gun Legislation in NY

Changes in stun gun laws are on the horizon. Lawmakers and courts will play a big role in what happens next.

Potential Regulatory Changes

Assembly Bill A212 may change the rules on stun guns in New York. It plans to tweak Penal Law section 265.20. This could mean new limits and rules for who can have these tools, how strong they can be, and what you need to do before you buy one.

The Department of Health will also play a very significant role. They will determine the strength of the stun guns and what buyers need to do first.

Some people will not be able to carry stun guns if this bill goes through. If you are under the age of eighteen or if you have a black past of serious crimes or fights, forget about having a stun gun. Moreover, getting one might just require a few more steps than walking into a store, selecting it, and paying for it.

Conclusion

It is now legal to have a stun gun in New York, though the court made the law that existed before to change in 2019. One needs to be 18 to have a stun gun, while no permit is needed, one can only get it from licensed dealers and one must have no record of felony or misdemeanor. A misuse of it lands one in big trouble.

Training keeps usage safe and correct.

Frequently Asked Questions

1. Are stun guns and taser devices legal in New York?

Yes, but one has to be at least 18 to buy and carry a stun gun or taser, and felons cannot own them.

2. How do the right to keep and bear arms apply to stun guns in New York?

The Bill of Rights found in the U.S Constitution provides for the carrying of arms, but every state is within its rights to establish which rules apply to a citizen carrying it. In New York State, carrying a concealed gun like a stun gun, for example, might have some rules governing its allowance.

3. What's the case "New York State Rifle & Pistol Association v Bruen"?

This is a case in which the New York State Rifle & Pistol Association brings some of the case law to challenge gun laws in NY about non-lethal force weapons, such as tasers and stun guns.

4. Can a security guard carry a stun gun for his defense against an attacker in NY?

Security guards can carry these devices to defend themselves if they meet the requirements of the law enforcement officials when in their area of observation.

5. Is it acceptable for attorneys or criminal defense attorneys to counsel clients to lawfully obtain a stun gun or comparable device?

Yes! It is not unethical for attorneys to make recommendations on matters involving the acquisition of self defense items within the bounds of state laws as long as an individual is cautioned as to potential risks by such possession.

6. Are there any restrictions on other types of weapons like switchblades, pilum ballistic knives, cane swords, or gravity knives in NY?

As with the laws about the taser and stun gun – owning weapons like this switchblade or a gravity knife also is heavily controlled within the NY criminal justice system.