Saturday, January 22, 2022

Are Stun Guns Legal In New York

Later Life And Influence

Stun Gun TASER Laws by State (2016)

With much hesitation, Beccaria accepted an invitation to Paris to meet the great thinkers of the day. He travelled with the Verri brothers and was given a warm reception by the philosophes. However, the chronically-shy Beccaria made a poor impression and left after three weeks, returning to Milan and to his young wife Teresa and never venturing abroad again. The break with the Verri brothers proved lasting they were never able to understand why Beccaria had left his position at the peak of success.

Beccaria nevertheless continued to command official recognition, and he was appointed to several nominal political positions in Italy. Separated from the invaluable input of his friends, he failed to produce another text of equal importance. Outside Italy, an unfounded myth grew that Beccaria’s literary silence resulted from Austrian restrictions on free expression in Italy. In fact, prone to periodic bouts of depression and misanthropy, he had grown silent on his own.

In 1771, Beccaria was made a member of the supreme economic council, and in 1791 he was appointed to the board for the reform of the judicial code, where he made a valuable contribution. During this period he spearheaded a number of important reforms, such as the standardisation of weights and measurements. He died in Milan.

What Else Should I Know

The regulations in New York are the same for carrying electronic stun guns as for taser guns. Neither weapon is legal for civilian purchase, carry, or use in the state. You should always consult local law enforcement with any questions you may have in regards to these or other self defense tools.

If you are traveling through New York, it is best to leave your taser gun at home. A simple traffic stop could cost you the penalties of a misdemeanor offense, making for a very costly road trip.

There are other non-lethal self defense devices you can carry in New York to protect yourself, such as pepper spray. There are regulations addressing this product, too. For example, pepper spray products cannot be legally shipped to a New York address. This video explains the shipping restriction well.

Each state has its own laws regarding the carry, use, and sale or purchase of taser guns . Its imperative to study your home state guidelines and review those of states you will be visiting or traveling through. Are taser guns legal in NY? For now, they are not.

If you live there or have plans to visit, youre going to need to find a different means of self defense. Laws change, so check with your local enforcement agency regularly to see what updates have been made to allow taser guns to defend yourself.

What Is A Stun Gun

Under New Jerseys Criminal Code, a stun gun is defined as any weapon or other device which emits an electrical charge or current intended to temporarily or permanently disable a person. N.J.S.A 2C:39-1. In simpler terms, a stun gun is a taser or prod that electrocutes an individual. Typically, the device is used for self-defense as an alternative and less lethal form of disabling a threatening person.

Don’t Miss: What Plays Are On Broadway In New York City

Examples Of Stun Devices That Are Now Legal In New York

Order your stun gun or TASER device now to get the best selection. Many of them have multiple colors to choose from. Order now.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Previous Law

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.

– See more at

Are There Exemptions To The Law

Tasers and Stun Guns are Legal in New York  Stun Gun ...

There are some people who may be exempt from the laws restricting taser guns. Peace officers and law enforcement personnel may not be held to the same restrictions as the general public. Military members who are serving official duty in the state of New York may also be exempt from the penalties enforced when carrying a taser gun or other electronic dart gun.

If you are a peace officer, law enforcement, or military member and not totally familiar with exemptions for taser guns, it is best to call your local agency for clarification.

You May Like: Does The New York Times Have Comics

New York State Stun Gun Laws

You may have seen plenty of stun gun action in the movies. A stun gun is an electrical self-defense device designed to use high voltage to stop an attacker, but cause no serious or permanent injury. Stun guns are legal in most states, but not in New York. Other states that prohibit or restrict stun guns are Hawaii, Illinois, Massachusetts, Michigan, Rhode Island and Wisconsin.

Are Stun Guns Legal In Ny

We get asked frequently if stun guns or Tasers are legal in the state of New York. Yes, they are, and we now ship to New York! We are also exhibiting at shows throughout the state check our appearance schedule here.

Legal to carry and no pistol permit required!

On 3/22/19, a federal judge ruled that the state of New Yorks ban on stun guns and tasers was unconstitutional, and issued an injunction prohibiting enforcement of the previous ban.

Case 1:16-cv-01447-DNH-CFH Document 63 Filed 03/22/19 Page 28 of 29

Therefore, it is ORDERED that1. Plaintiffs motion for summary judgment is GRANTED 2. Defendants cross-motion for summary judgment is DENIED 3. New York Penal Law § 265.01, as applied to electronic dart guns and electronic stun guns, is an unconstitutional restriction on the right to bear arms and4. Defendant, his officers, agents, servants, employees, and all persons in active concert or participation with the New York State Police are hereby ENJOINED from enforcing New York Penal Law § 265.01 as applied to electronic dart guns and electronic stun guns.

NY defines Tasers as:

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.

These devices typically start at around $449.

NY Defines stun guns as

information

Read Also: What Is A Certificate Of Good Standing New York

Saf Fpc Sue City Of New York Over Stun Gun Taser Ban

From the Second Amendment Foundation . . .

The Second Amendment Foundation has filed a federal lawsuit challenging New York state and municipal laws prohibiting private citizens from possessing and using stun guns and tasers, noting in its complaint, Most courts have found that bans on stun guns and tasers violate the Second Amendment and are unconstitutional.

Joining SAF are the Firearms Policy Coalition, Inc., and three private citizens, Nunzio Calce, Shaya Greenfield and Raymond Pezzoli. The lawsuit was filed in U.S. District Court for the Southern District of New York. Plaintiffs are represented by attorney David Jensen of Beacon, N.Y. The case is known as Calce, et.al. v. City of New York, et. al.

Named as defendants are the City of New York and Police Commissioner Dermot Shea.

As we explain in our complaint, states and localities have some ability to regulate the keeping and bearing of arms, noted SAF founder and Executive Vice President Alan M. Gottlieb. However, the Second Amendment prevents states and localities from flatly prohibiting law-abiding citizens from keeping bearable arms, and particularly arms that are in common use for the purpose of self-defense.

As noted in the 10-page federal complaint, all four of the individual citizens participating in this legal action reside in neighborhoods within the City of New York.

What Does A Taser Gun Look Like

New York shoots down rule preventing use of stun guns

Most taser gun models, except the Bolt, look similar to a pistol. They have a handle and trigger, top mounted and laser sights, and the cartridges are shot from the front end, or muzzle, of the device. It could be fairly easy to mistake a taser gun for a handgun. They do typically have bright yellow branding or accessory pieces, which does help distinguish them from other weapons.

The Bolt mentioned above has more of streamlined design. The handle curves more gently into the front end of the weapon and it is more compact than other models. Looking at the X26P, you can see the more stark resemblance between it and a standard pistol. Each taser model is designed to be comfortable to handle and offer effective aim for its user.

Also Check: Where Is My New York State Tax Refund

Can I Shoot A Pistol In The State Of New York Without A Permit

You cannot shoot a pistol or possess one in the state of New York without a permit. You must obtain a permit to own and use the weapon. As stated above, unlike long guns, to use and shoot smaller guns, you need a permit.

You need a permit to own and use small guns such as a pistol because of the element of concealment the weapons offer.

While nothing will stop you from using your pistol in NY, if the law catches you shooting it or holding it without a permit, you could get yourself into very big trouble with the state.

If an official catches you possessing or using a weapon, they will ask you to show them the permit you have for the weapon. If you are unable to provide the permit, then you are in for serious legal troubles.

Fourth Degree Criminal Possession Of A Weapon: Ny Pl 26501 Non

In the eyes of both New York weapon lawyers and prosecutors, there is no distinction between possessing an illegal knife or metal knuckles. Both of these weapons violate New York Penal Law 265.01. Regardless of whether you possess that “weapon” for work or for self-defense, it is automatically punishable by up to a year in jail. Other than certain knives such as gravity knives, switchblade knives, pilum ballistic knives and meal knuckle knives, the per se weapons that the NYPD will arrest you for if found in possession, as well as local and county police in Westchester, Rockland, Dutchess and Putnam counties, include: electronic stun guns, any firearm , metal knuckles, chucka sticks, kung fu stars, slingshots or slungshots, billies and blackjacks.

NY Penal Law 265.01: A Routine Scenario that Leads to an Arrest in NYC

A common example seen by experienced weapon crime attorneys in New York Citys boroughs of Manhattan, Brooklyn, Queens and the Bronx, is as follows:

New York Penal Law 265.01 – Defining and Identifying Certain Per Se Weapons

Chucka Stick Also known as nunchakus, chucka sticks consist of two pieces of metal, wood or similar material connected in the middle by rope or a chain. Primarily used as a weapon, the chucka stick is held by one rigid end and can be swung or by both ends in a choking manner.

Kung Fu Star A throwing weapon that is circular or disc-like in shape and contains points.

You May Like: Can I File For Divorce Online In New York

What Happens If I Have A Taser Gun In New York

New Yorks penal code does address penalties for carrying taser guns and other non-lethal weapons. The severity and punishment of each offense is outlined clearly in the code. Lets look at a brief description of these penalties.

  • If you are found to possess a taser gun, you could be charged with a Class A Misdemeanor and subject to a fine of up to $1,000 or a year in jail, or both. Selling, loaning out, or gifting another person with taser gun will also get you a Class A Misdemeanor charge.
  • If you have an existing criminal conviction on your record and you are found to have disposed of a taser gun in New York, you could face a Class D felony charge. This could result in a fine of up to $5,000 and 1 to 7 years in prison, or both.
  • A Class E felony charge can be assessed if you are found to threaten to use, possess, or display a taser gun while also found to be stalking another person. This charge comes with a penalty of a fine up to $5,000, 1-4 years in prison, or both.

A full list of New Yorks felony charges can be found here. The states misdemeanor classes and charges are available here.

Teen With His Hands Up Tased For Vaping On Boardwalk In Shocking Video

Taser &  Stun Gun Section

Manhattan developer Daniel Neiditch has equipped 15 of his employees with New York Citys latest must-have accessory: stun guns and Tasers.

Crime is out of control in the city and everyones scared, Neiditch told the Post. Its gotten so bad since the pandemic. Ive watched apartments and stores being broken into and people afraid to ride the subway. I wanted to be proactive and ensure the safety of my employees.

Neiditch, owner of River 2 River Realty, has properties in the city, Westchester and the Hamptons but hes best known as the board president and a stakeholder at the pricey 46-story Atelier condo, which he also manages. Units cost as much as $12 million there, but its location on 42nd Street between 11th and 12th avenues in Hells Kitchen is only blocks from such vagrant epicenters as the Port Authority bus terminal.

Most of the workers Neiditch gifted with the defensive weapons some of which are disguised to look like iPhones, flashlights and batons work on site at his properties as supers, managers and security guards. And he may get more of them.

I didnt want them to be defenseless, Neiditch said. Ive seen whats happening in the city. The homeless have been very aggressive near our properties on the Upper West Side as well. This way my people can protect themselves without killing anyone. Stun guns are not deadly weapons. They just give you a leg up on maybe not being killed yourself.

Read Also: How I Met My Wife New Yorker

Second Amendment Protection For Stun Guns And Tasers

Until 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. .) 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 , 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. .)

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.

New Jersey Changing Laws On Stun Guns

New Jersey decided to legalize the possession of stun guns and tasers. In fact, following a public comment period set to end on October 20, 2017, proposed regulations published in the New Jersey Register will take effect and stun guns will be legal. One reason behind the legalization of stun guns was a successful constitutional challenge to the legality of New Jerseys stun gun ban. Another reason that NJ legislators supported the legalization of tasers was the expected economic impact as a result of the sales demand for stun guns and tasers. For example, Paul Sollitti, owner of NJ Arms in Ocean Township, predicts that itll be good for business because right now a lot of people who feel unsafe at home might morally be opposed to having a gun. Sollitti goes on to note that a lot of New Jersey residents are likely to purchase a stun gun for their home-defense plan.

Fourth degree crimes in New Jersey, including the unlawful possession of prohibited weapons and devices, can lead to the imposition of a fine of up to $10,000 and a potential prison sentence of up to 18 months. Moreover, a conviction for a fourth degree crime will result in a permanent record of a felony offense.

You May Like: What’s The Best Things To Do In New York

Contact The Law Firm Of Andrew M Stengel

Contact us via the live chat below, through our contact form here, or call us at 634-9222. Initial consultations are free and confidential, and you will speak with Andrew M. Stengel directly.

Our offices are located at 11 Broadway, Suite 715, New York, NY 10004, and we handle cases throughout New York City, Nassau, Westchester and the surrounding counties.

Former Manhattan Assistant District Attorney Andrew M. Stengel provides aggressive representation for misdemeanors and felonies in New York City, Westchester, Nassau and the surrounding counties. Andrew is an experienced trial attorney, a diligent investigator and a strategic thinker. Whether the charges are Driving While Intoxicated, Assault, Theft, Sex Offenses Weapons or Drug Possession, Andrew will provide a skilled and vigorous defense.

Latest news
Related news