Stun Gun Laws in New York

Learn about stun gun laws and possession requirements in New York.

New York splits electronic incapacitation devices into two categories:

  • An  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.
  • An  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.

(N.Y. Penal § 265.00.)

This article describes New York laws regarding who may not have an electronic incapacitation device, and the circumstances or situations when carrying an electronic incapacitation device is illegal in the state.

To learn more about how electronic incapacitation devices work, and how permitting laws vary by state, see  States Requiring a Stun Gun Permit.

People Who May Not Carry an Electronic Incapacitation Device in New York

In New York, it is illegal to possess an electronic dart gun or electronic stun gun, and a person found in possession of an electronic incapacitation device is guilty of criminal possession of a weapon in the fourth degree. Peace officers and specified others are exempt from this rule.

(N.Y. Penal § § 265.01, 265.20.)

Penalties for Electronic Incapacitation Device Carry Violations

It is a Class A misdemeanor to possess an electronic dart gun or electronic stun gun. Penalties include a fine of up to $1,000, up to one year in jail, or both.

(N.Y. Penal § § 265.01, 80.05, 70.15.)

It is a Class A misdemeanor to give, lease, loan, or sell an electronic dart gun or electronic stun gun to another person. Penalties include a fine of up to $1,000, up to one year in jail, or both. It is a Class D felony to dispose of an electronic dart gun or electronic stun gun if you have a criminal conviction on your criminal record. Penalties include a fine of up to $5,000, one year (and up to seven years) in prison, or both.

(N.Y. Penal § § 265.00, 265.10, 265.17, 80.00, 70.00.)

It is a Class E felony to display, possess, or threaten the use of an electronic dart gun or electronic stun gun to further the crime of stalking. Penalties include a fine of up to $5,000, one year (and up to four years) in prison, or both.

(N.Y. Penal § § 120.55, 70.00.)

Getting Legal Help

If you have any questions about whether you are allowed to purchase, carry, or use a gun in New York, or if you are facing charges for an electronic dart gun or electronic stun gun violation, consult a qualified criminal defense lawyer.

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