BILL NUMBER: S2421
SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:
An act to amend the penal law, in relation to electronic dart guns and
electronic stun guns
 
PURPOSE:
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 SPECIFIC PROVISIONS:
Section 1 of the bill 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 elec-
tronic dart gun or electronic 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 bill gives the Department of Health, the Division of Criminal
Justice Services, and the Superintendent of State Police 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 electronic 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 elec-
tronic 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 provides the effective date of the bill.
 
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 incapaci-
tate 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 sensi-
ble restrictions on the use of these potentially deadly weapons in order
to protect our residents from harm.
 
LEGISLATIVE HISTORY:
S.4284 of 2021-2022 (Hoylman): Died in Rules
A.3236 of 2021-2022 (Sayegh): Died in Codes
S.4849 of 2019-2020 (Hoylman): Died in Codes
A.9784 of 2019-2020 (Sayegh): Died in Codes
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S2421: 265.20 penal law, 265.20(a) penal law, 195.08 penal law