Stun Gun and Taser Laws in New York

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 early 2025, though, the law remains on the books, and police in New York state are still enforcing it. For the time being, at least, the safest assumption is that you're breaking the law if you possess a stun gun or Taser in the state.

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. The law has been challenged in court, and it may eventually be revised or declared unconstitutional. However, judges in both state and federal court have ruled that police in New York can continue enforcing the law.

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. 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 only exceptions to this ban are 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 2019 federal court ruling has created doubt about whether New York's blanket ban on stun guns and Tasers can still be enforced. In 2024, for example, 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).)

On the other hand, in 2019, 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 isn't more powerful than a state trial court, and can't make rules that other trial courts must follow.

In other words, until a federal or state appeals court makes a definitive ruling, the validity of New York's stun gun and taser ban will remain uncertain. (People v. Johnson, 110 N.Y.S.3d 283 (N.Y. City Ct. 2019).)

New York State Continues to Enforce Its Stun Gun and Taser Ban

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." But the state continues to enforce the ban, and courts continue to allow it to do so. In March, 2025, a U.S. District Court judge dismissed a challenge to the law, ruling that the plaintiffs had not provided evidence demonstrating that the state's ban 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).)

Unless an appellate court steps in to clarify the law in New York, trial courts will continue to make these kinds of case-by-case decisions about enforcing the ban on stun guns and Tasers.

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 you can still be charged with a misdemeanor even if you use one of these weapons in self-defense.

Local governments in the state can also enforce their own stun gun and Taser bans. In 2021, for example, a woman in Brooklyn was charged with violating New York 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); Calce v. City of New York, 21 Civ. 8208 (ER) (S.D.N.Y. Mar. 24, 2025).)

The Brooklyn woman 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 in self-defense 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--even if they think they have a good reason for owning or using the weapon.

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 Class B felony punishable by a prison sentence of at least one year, and as many as 25 years. (N.Y. Penal Law § 160.15(3) (2025).)

Getting Legal Help

As we've seen, the future of New York's ban on stun guns and Tasers isn't certain. But, for now, people who possess or use these weapons risk criminal charges and, in the most serious cases, significant prison time. So, if you're facing charges related to using or possessing a stun gun or Taser, you should consult a qualified criminal defense lawyer. It may also be helpful to speak with a criminal defense attorney if you have more general questions about the status of New York's ban on these weapons.