New York state's ban on these electronic weapons has been challenged in court, but remains in effect for now.
The New York penal code bars people in the state from possessing stun guns and dart guns (also known as Tasers). However, the status of these weapons in New York is a little more complicated than you might think just from reading the penal code.
The law banning stun guns and Tasers has been challenged in court for violating the Second Amendment, and courts have reached different conclusions about whether the law is valid. As of 2026, the law remains on the books, and its enforcement in New York City is the subject of an ongoing lawsuit. So, it's important to check with local law enforcement, or with a local attorney who understands the rules where you live, if you want to own or carry one of these weapons.
What Are Stun Guns and Tasers?
Some states use the terms "stun gun" and "Taser" interchangeably. But New York law defines two types of weapons that use an electric charge to temporarily stun, knock out, or paralyze the target:
- electronic stun guns, which administer a high-voltage electrical shock on direct contact, and
- electronic dart guns (popularly called Tasers, the most popular brand name), which shoot darts or probes attached to wires that carry an electrical shock.
(N.Y. Penal Law §§ 265.00(15-a) and 265.00(15-c) (2025).)
Are Tasers and Stun Guns Legal in New York State?
New York state's penal code bans stun guns and Tasers. There have been conflicting court rulings on the validity of this statewide ban. As of 2026 only New York City enforces a law barring these weapons.
New York's Ban on Stun Guns and Tasers
Under the New York state penal code, it is a Class A misdemeanor to possess an electronic stun gun or Taser. The law states that people in possession of these weapons can be charged with criminal possession of a weapon in the fourth degree, and could be imprisoned for up to 364 days. (N.Y. Penal Law § 265.01 (2025); N.Y. Penal Law § 70.15 (2025).)
The state law makes exceptions for law enforcement, authorized military servicemembers, and certain defense contractors. N.Y. Penal Law § 265.20 (2025).)
Legal Challenges to the Ban
In 2019, a U.S. District Court ruled that New York's “sweeping” ban on the possession or use of stun guns and Tasers violated the Second Amendment right to keep and bear arms. In particular, the judge noted that the ban applies even to people using these weapons for self-defense in their own homes. The court relied on the U.S. Supreme Court’s decision in District of Columbia v. Heller, 554 U.S. 570 (2008), which found that the Second Amendment protects an individual's right to possess firearms and use them for lawful purposes (including weapons that weren’t in existence when the Bill of Rights was added to the U.S. Constitution). (Avitabile v. Beach, 368 F. Supp. 3d 404 (N.D.N.Y. 2019).)
The judge in the 2019 case said that the stun gun and Taser ban violated the Second Amendment, but his order in the case only applied to the state police. This has created doubt about whether New York's blanket ban on stun guns and Tasers can still be enforced by other law enforcement agencies in the state. As the New York court system has noted on its website, the state's stun gun and Taser ban is currently in a legal "gray zone."
In 2019, for example, a New York state court disagreed that the federal court ruling automatically invalidated New York's law. The judge in that case pointed out that U.S. District Courts are trial courts, not appellate courts. Therefore, the judge reasoned, a federal District Court can't make rules that state trial courts are bound to follow. (People v. Johnson, 110 N.Y.S.3d 283 (N.Y. City Ct. 2019).)
In 2024, though, another federal judge ruled that a Port Authority police officer might have made a false arrest when she arrested a passenger at JFK Airport for having a stun gun in his checked luggage. That court reasoned that police officers are generally obligated to know about and respect court decisions that invalidate state laws, even if those laws are still on the books. (Toure v. Port Auth. of N.Y. & N.J., 21-CV-01645 (NRM) (ST) (E.D.N.Y. Sep. 30, 2024).)
The safest course is to check with the local authorities where you live, or intend to travel, to make sure you understand how they enforce the law when it comes to stun guns and Tasers. A local criminal attorney may also be able to offer useful advice.
New York City Still Enforces a Stun Gun and Taser Ban
New York City continues to enforce the state ban and its own local ban on stun guns and Tasers. In 2021, for example, a woman in Brooklyn was charged with violating the city's ban on these weapons. Like the state ban, New York's rule makes possessing a stun gun a misdemeanor punishable by up to 364 days in jail. (New York City Administrative Code § 10-135 (2025).
In March 2025, a U.S. District Court judge dismissed a challenge to New York City's enforcement of the ban, ruling that the plaintiffs had not provided evidence demonstrating that it violated the Second Amendment. The judge pointed to the Supreme Court's decision in New York State Rifle & Pistol Association v. Bruen, 597 U.S. 1 (2022). According to that ruling, the judge argued, the key question is whether stun guns and Tasers are commonly used by law-abiding citizens for lawful purposes. The judge decided that the plaintiffs had not submitted enough evidence that stun guns and Tasers are in common use by law-abiding citizens. (Calce v. City of New York, 21 Civ. 8208 (ER) (S.D.N.Y. Mar. 24, 2025).)
In April 2026, the Second Circuit Court of Appeals, the federal appellate court for New York, Connecticut, and Vermont, upheld the lower court's ruling. The plaintiffs have appealed to the Supreme Court, which will probably decide whether or not to hear the case in late 2026 or early 2027.(Calce v. City of New York, No. 25-861 (2d Cir. Apr. 13, 2026).
What If I Use a Stun Gun in Self-Defense?
New York state's ban on stun guns and Tasers makes it illegal to possess them for any purpose. This means that, if the law is enforced, you could be charged with a misdemeanor even if you use one of these weapons in self-defense. For example, the Brooklyn woman in the case we discussed above faced criminal charges even though she had used a stun gun in self-defense (she brandished it at a woman who had hit her in the face). This is because, even in situations where you have a legal right to defend yourself, you still can't use an illegal weapon to do it.
Keep in mind that people who violate the stun gun ban don't automatically receive the harshest possible sentence. Law enforcement and the courts can be more lenient depending on the facts of the case. For example, the Brooklyn woman who brandished a stun gun eventually had her case dismissed. But anyone who possesses a stun gun or Taser in New York state runs the risk of being fined or even jailed if the local authorities are enforcing the state's ban or their own similar prohibitions.
Using a Stun Gun or Taser to Commit a Crime
New York courts can impose more severe punishments on a person who uses a stun gun or Taser to commit a crime.
For example, criminal stalking becomes a Class E felony if the perpetrator displayed, possessed, or threatened to use a stun gun or Taser (or other weapon) during the crime. Penalties include a fine of up to $5,000 and a prison term of at least one year and up to four years. (N.Y. Penal Law § 120.55 (2025); N.Y. Penal Law § 70 (2025); N.Y. Penal Law § 80 (2025).)
New York state also imposes more serious penalties on people who use so-called "dangerous instruments" while committing crimes. Under New York law, judges and juries decide whether an item is a dangerous instrument by looking at:
- how the perpetrator used, attempted to use, or threatened to use the item, and
- whether, in that situation, the item was "readily capable of causing death or other serious physical injury."
Using this test, courts in different cases have sometimes decided that a stun gun or Taser was a "dangerous instrument" and sometimes decided that it was not. (N.Y. Penal Law § 10.00(1) (2025); People v. MacCary, 173 A.D.2d 646, 570 N.Y.S.2d 322 (1991); People v. Hall, 18 N.Y.3d 122, 960 N.E.2d 399 (2011).)
But, because these weapons can be used to cause serious injuries, anyone who uses one while committing a crime runs the risk of higher fines and a longer prison sentence. For example, someone who uses a stun gun as a dangerous instrument during a robbery is guilty of robbery in the first degree. This is a violent Class B felony punishable by a prison sentence of at least five years, and as many as 25 years. (N.Y. Penal Law § 160.15(3) (2025).)
Getting Legal Help
As we've seen, the future and even the current enforcement of New York's ban on stun guns and Tasers isn't certain. Because of this lack of clarity, it's important to understand not only what the law says, but how it is being enforced in practice. It may also be helpful to speak with a criminal defense attorney if you have general questions about the status of New York's ban on these weapons. If you’re facing charges related to using or possessing a stun gun or Taser, you should consult a qualified criminal defense lawyer.
