Relates to allowing the possession and sale of electronic dart guns and electronic stun guns for self-defense; adds such weapons in the definition of obstructing governmental administration by means of a self-defense spray device.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A212
SPONSOR: Sayegh TITLE OF BILL:
An act to amend the penal law, in relation to electronic dart guns and
electronic stun guns
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to regulate the sale, possession, and use of
electronic dart guns and electronic stun guns in New York State.
SUMMARY OF PROVISIONS:
Section 1 amends subdivision a of section 265.20 of the penal law to add
two new paragraphs 17 and 18. Paragraph 17 adds an exemption under the
Penal Law to allow for the possession of an electronic dart gun or elec-
tronic stun gun for personal protection or the protection of a person's
property, and for the use of such weapons under circumstances which
would justify the use of physical force pursuant to Article 35 of the
Penal Law. Such exemption would not apply to a person who is less than
eighteen years of age, has been previously convicted in New York State
of a felony or any assault, or has been convicted of a crime outside of
New York State which if committed in New York State would constitute a
felony or any assault crime. The Department of Health, the Division of
Criminal Justice Services, and the Superintendent of State Police are
given the authority to develop standards and regulations relating to the
types of electronic dart guns or electronic stun guns that may be
lawfully purchased, possessed and used. Such regulations must include
requirements relating to a maximum allowable delivered charge, and to a
mandatory warning label regarding the legal sale, use, and possession of
such weapons. Paragraph 18 requires licensed firearms dealers and other
vendors to include an insert with every electronic dart gun or electron-
ic stun gun that relays information relating to safety, first aid, and a
toll free number to connect users to additional training courses. It
also requires such dealers or vendors to require proof of age and a
sworn statement that the purchaser has not been convicted of a felony or
any crime involving an assault before delivering an electronic dart gun
or electronic stun gun to the purchaser, and prohibits the sale of more
than two of such weapons at any one time to a single purchaser.
Section 2 of the bill amends Section 195.08 of the penal law to add
electronic dart guns and electronic stun guns to the existing crime of
obstructing governmental administration by means of a self-defense spray
device. This would make the act of causing temporary physical impairment
to a police officer or peace officer by intentionally discharging an
electronic dart gun or electronic stun gun with the intent to prevent
such officer from performing a lawful duty a class D felony.
Section 3 sets the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
N/A
JUSTIFICATION:
On Friday, March 22nd, 2019, U.S, District Judge David Hurd issued a
ruling on a case challenging New York's total ban on the civilian
possession of tasers and stun guns that declared the ban unconstitu-
tional on the grounds that it violates the Second Amendment. This ruling
follows similar decisions by courts in Illinois, Massachusetts, and New
Jersey. However, in his opinion on the case, Judge Hurd noted that his
ruling "does not foreclose the possibility that some restriction(s) on
the possession and/or use of tasers and stun guns would be permissible
under the Second Amendment". The judge further noted that "other states
have already done this... New York might consider doing so as well."
This bill would regulate the sale, possession, and use of electronic
stun guns and electronic dart guns in a similar manner to New York's
current laws regulating the use of personal defense sprays. The bill
would limit the possession of these weapons to possession for personal
protection or the protection of property, and limit the permissible use
of such weapons to self-defense. Although these weapons are generally
designed and intended to incapacitate their targets, they are more than
capable of killing. There have been numerous instances of people dying
as a result of being struck by these weapons across the United States in
recent years. It is imperative in light of the recent court decision
that New York act to impose sensible restrictions on the use of these
potentially deadly weapons in order to protect our residents from harm.
PRIOR LEGISLATIVE HISTORY:
2019-20: A9784-Referred to Codes
2021-22: A3236-Referred to Codes
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
N/A
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
212
2023-2024 Regular Sessions
IN ASSEMBLY(Prefiled)
January 4, 2023
___________
Introduced by M. of A. SAYEGH, GLICK, DICKENS -- read once and referred
to the Committee on Codes
AN ACT to amend the penal law, in relation to electronic dart guns and
electronic stun guns
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision a of section 265.20 of the penal law is amended
2 by adding two new paragraphs 17 and 18 to read as follows:
3 17. Possession in accordance with the provisions of this paragraph of
4 an electronic dart gun or an electronic stun gun, as those terms are
5 defined in section 265.00 of this article, for the protection of a
6 person or property on real estate that such person owns or leases, or
7 where such person resides, or within the confines of a business estab-
8 lishment that such person owns or leases, and use of such electronic
9 dart gun or electronic stun gun under circumstances which would justify
10 the use of physical force pursuant to article thirty-five of this chap-
11 ter.
12 (a) The exemption provided for under this paragraph shall not apply to
13 a person who: (i) is less than eighteen years of age; (ii) has been
14 previously convicted in this state of a felony or any assault; or (iii)
15 has been convicted of a crime outside the state of New York which if
16 committed in New York would constitute a felony or any assault crime.
17 (b) The department of health, with the cooperation of the division of
18 criminal justice services and the superintendent of state police, shall
19 develop standards and promulgate regulations regarding the type of elec-
20 tronic dart gun or electronic stun gun which may lawfully be purchased,
21 possessed and used pursuant to this paragraph. Such regulations shall
22 include a maximum allowable delivered charge for such devices, and a
23 requirement that every electronic dart gun or electronic stun gun which
24 may be lawfully purchased, possessed or used pursuant to this paragraph
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01672-01-3
A. 212 2
1 have a label which states: "WARNING: the use of this device for any
2 purpose other than self-defense is a criminal offense under the law.
3 This device shall not be sold by another person, other than a licensed
4 or authorized dealer. Possession of this device by any person under the
5 age of eighteen or by anyone who has been convicted of a felony or
6 assault is illegal. Violators may be prosecuted under the law."
7 18. Possession and sale of an electronic dart gun or electronic stun
8 gun as defined in section 265.00 of this article, by a dealer in
9 firearms licensed pursuant to section 400.00 of this chapter, or by any
10 other vendor as may be authorized and approved by the superintendent of
11 state police.
12 (a) Every electronic dart gun or electronic stun gun shall be accompa-
13 nied by an insert or inserts which include directions for use, first aid
14 information, safety and storage information and which shall also contain
15 a toll free telephone number for the purpose of allowing any purchaser
16 to call and receive additional information regarding the availability of
17 local courses in self-defense training and safety in the use of an elec-
18 tronic dart gun or electronic stun gun.
19 (b) Before delivering an electronic dart gun or electronic stun gun to
20 any person, the licensed or authorized dealer shall require proof of age
21 and a sworn statement on a form approved by the superintendent of state
22 police that such person has not been convicted of a felony or any crime
23 involving an assault. Such forms shall be forwarded to the division of
24 state police at such intervals as directed by the superintendent of
25 state police. Absent any such direction the forms shall be maintained on
26 the premises of the vendor and shall be open at all reasonable hours for
27 inspection by any peace officer or police officer, acting pursuant to
28 his or her special duties. No more than two of any combination of elec-
29 tronic dart guns or electronic stun guns may be sold at any one time to
30 a single purchaser.
31 § 2. Section 195.08 of the penal law, as added by chapter 354 of the
32 laws of 1996, is amended to read as follows:
33 § 195.08 Obstructing governmental administration by means of a self-de-
34 fense spray device, electronic dart gun, or electronic stun
35 gun.
36 A person is guilty of obstructing governmental administration by means
37 of a self-defense spray device, electronic dart gun, or electronic stun
38 gun when, with the intent to prevent a police officer or peace officer
39 from performing a lawful duty, he causes temporary physical impairment
40 to a police officer or peace officer by intentionally discharging a
41 self-defense spray device, as defined in paragraph fourteen of subdivi-
42 sion a of section 265.20 of this chapter, or an electronic dart gun or
43 electronic stun gun, as defined in section 265.00 of this chapter,
44 thereby causing such temporary physical impairment.
45 Obstructing governmental administration by means of a self-defense
46 spray device, electronic dart gun, or electronic stun gun is a class D
47 felony.
48 § 3. This act shall take effect immediately.
