4. The Defendant, its agents, agents, servants, employees and any person who actively cooperates with or participates in the New York State Police is hereby prohibited from applying Section 265.01(1) of the New York Criminal Code as applied to “electronic arrow guns” and “electronic stun guns”. Gun experts, lawyers, and even some New York politicians believe it`s now perfectly legal to own and use one — as long as it`s in self-defense. Stun guns, which typically cost between $35 and $55, require contact with an attacker to operate, but can often scare attackers away with their noise. The answer is YES! On March 22, 2019, a federal judge overturned the state`s ban on stun guns and tasers as unconstitutional and issued an injunction against the enforcement of the previous ban. Scroll to the bottom of this article for links to the verdict. Manhattan-based developer Daniel Neiditch has equipped 15 of its employees with New York City`s latest must-have accessory: stun guns and tasers. State Senator Brad Hoylman of Manhattan is trying to regulate stun guns with a bill that is currently on the committee. The measure would allow the possession of a stun gun only to “protect a person or real property that that person owns or leases” and its use in justified circumstances.
The exception does not apply to juveniles or convicted offenders. 3. Section 265.01(1) of the New York Penal Code, as it applies to “electronic arrow guns” and “electronic stun guns”, is an unconstitutional restriction on the right to bear arms; and a federal judge ruled in March 2019 that the ban on stun guns was unconstitutional. Gun experts, lawyers, and even some New York politicians believe it`s now perfectly legal to own and use one — as long as it`s in self-defense. However, stun guns are still contrary to the law of the state penal code, creating a legal gray area. At present, it is better not to put them in state and federal buildings. Just ask Long Island private investigator Vincent Schottler, who walked into the Manhattan Supreme Court building on Feb. 22 and told court officials he had a stun gun with him. New York is one of seven states where stun guns are illegal. However, and perhaps surprisingly, possession of a handgun is allowed in the state as long as the person buying the gun has permission to do so. Anyone caught in New York in possession of a stun gun or electric dart gun can be convicted of criminal possession of fourth-degree weapons.
For the avoidance of doubt, it is any device designed as a weapon for the purpose of numbing, knocking out, causing mental disorientation, or paralyzing a person by transmitting a high electric shock to a person. An electric arrow projects arrows that are attached to the main unit with wires. Once these darts have penetrated the skin, they deliver volts that temporarily deactivate a person. But then we have to ask ourselves why it is normal for guns to be legal, stun guns and electric darts not? Hi, someone just got referred to you by someone on Facebook after I asked if pepper spray or a switching blade is legal in NYS or not. I recently discovered that I was being chased by a girl who was literally chasing me, sitting in her car around the corner from my street, trying to figure out which house I was from. I didn`t see that until I left in one day this week. She followed me a few blocks away from me after I got into my car to leave my house, stopped next to me and said, “Now I know where you put your head at night, Tiffany!” I don`t know who she is and I can`t, because my life puts her face somewhere. I don`t know how she knows me. But I don`t remember who she is. I`ve never seen them before.
Anyway, now I feel like I have to protect myself. I have already put a camera on my house. But I don`t feel like it will save me if I`m ever attacked. I need a stun gun or pepper spray. What is the cheapest, most efficient one you have? I need it as soon as possible. MY number 716-***-****. I`m in Buffalo, NY Plus, as is the case with many items on the list, while the item may be legal to own and carry, you can`t necessarily own it everywhere. Example: on the plane. In fact, according to Legal Beagle: Small blades are often very sharp and can certainly be used to repel an attacker.
Everyone is legal to own in New York as long as it is worn in the intended way: either hidden under a key or folded into your wallet. “Right now, the NYPD and other NYPDs don`t enforce a stun gun or Taser law,” Korduba said. Hopefully, in the not too distant future, we`ll see stun guns and electric darts become legal in the state, providing extra security for those who don`t want to rely on a deadly gun. Neiditch is just one of many frightened New Yorkers and people across the country who are grabbing more sophisticated and sometimes deadly stun guns and Tasers. Civilian Tasers — versions with less power than police used — cost at least $450 and shoot at spiked probes connected by wires up to 15 feet away. They emit a 50,000-volt charge that interrupts communication between the brain and muscle. A stun gun can cause pain, but not self-immobization. Both guns run on batteries. “Stun guns appeared almost out of nowhere to be part of the national zeitgeist,” said Matt Angorn. “From the protests against George Floyd to the attacks on the Capitol, we are seeing people much more concerned about their personal safety. It was designed to be an alternative to a lethal weapon. Notwithstanding the foregoing, the New York State Legislature has not decided to repeal or amend the part of the Criminal Code prohibiting the possession of electronic stun guns, and at least one New York court has held that the Federal Court`s finding in Avitabile is not binding on New York State courts (see People v.
Johnson, 65 Miscellaneous 3d 2014). We are often asked if stun guns or tasers are legal in New York State. The legality of stun guns and tasers in New York State falls into a kind of “gray zone,” and interpretation requires a review of state laws, federal jurisprudence, and state jurisprudence. The reason stun guns are illegal in New York lies in the supposed risk associated with them. Lawmakers have banned them because they believe they can cause heart attacks and because they are supposed to ignite flammable liquids. While you don`t need any training, it is highly recommended so you can learn more about the device, its limitations, and how to use it legally. It takes about an hour and a half. Dan Neville`s Thugbusters in Rochester, NY, is one of the few places in the state that delivers stun guns or tasers to customers in all five counties.
Neiditch bought his stun guns on their website. Neville said sales have increased by 500 percent over the past year — and 95 percent of those stun guns are aimed at women. (Amazon won`t send a stun gun or taser — or even pepper spray — to New York addresses.) “I didn`t want them to be defenseless,” Neiditch said. “I saw what is happening in the city. Homeless people were also very aggressive near our properties on the Upper West Side. In this way, my people can protect themselves without killing anyone. Stun guns are not lethal weapons. They just give you a leg for the fact that you can`t be killed yourself. In fact, there is a misconception surrounding most of the following weapons.
Many people consider them illegal and lead to arrest simply because they have them in their possession. But, as explained below, one of the following can be used to protect you from a violent or deadly attack and, in most cases, it is completely legal to wear in New York State. (1) He or she possesses a firearm, an electronic dart gun, an electronic stun gun, a switching blade knife, a ballistic pilum knife, a metal ankle knife, a tube sword, a billy, a blackjack, a club, an ankle, a plastic ankle, a chuka stick, a sandbag, a sand club, a wrist support or a slungshot, a shirken or a “kung fu star”… There may be some confusion regarding the possession of stun guns and tasers, but a court decision on this issue should address any cloudiness regarding their legality when worn in self-defense. Various media outlets say the law banning civilian Tasers and stun guns is still in effect, however, a federal judge ruled in 2019 that the law is unconstitutional. Pepper spray and mace can be legally transported to New York for self-defense purposes. However, there are special reserves, especially with pepper spray. Sections 15a and 15c of New York`s Criminal Code 265 restrict the use of an electronic arrow gun and an electronic stun gun for public use. The sale, possession and use of stun guns and tasers for self-defense is legal without major restrictions. Misuse of an anesthetic device when committing a crime or attack can result in criminal liability.
We sell and ship to New York. Here are some examples of stun guns and tasers shipped to New York State: A law that made it illegal to possess nunchucks in New York had been in effect since the mid-70s. However, the law was struck down by a U.S. District Judge in 2018 after a nearly four-decade legal battle between martial arts enthusiasts. The judge ruled that Nunchuck`s ban was a violation of the Second Amendment right to bear arms. Until April 2019, owning an electronic stun gun was a crime in New York City. The only exceptions were law enforcement, authorized military personnel and certain defence contractors. (N.Y. Criminal law §§ 265.01,265.20 (2019).) However, a U.S. District Court ruled that the “far-reaching” and complete ban on the possession or use of these weapons by civilians, even to defend themselves at home, violated the Second Amendment`s right to keep and bear arms.
