Are Stun Guns Legal in New York State 2022?

A few years ago a Federal Court struck down New York’s stun gun laws, saying that banning them ran afoul of the Second Amendment. Nevertheless, the Avitabile decision did leave some room for restrictions, like permit requirements, on the sale and possession of stun guns and tasers.

Whether or not you can own one or carry it varies by state, your age, and mitigating circumstances. Check out the chart below to learn more.

Stun Guns

While stun guns are legal for the general public to own, some states do have laws that restrict how they can be carried. It’s important to understand these laws before you purchase one because misusing them could put you at risk of criminal charges.

Most stun guns are compact and easy to carry. Some even look like everyday items to make it more difficult for an attacker to see them. For example, the SMACK keychain stun gun fits right on your keys so you’ll have protection with you wherever you go.

Stun guns are a great choice for people who want to be protected but don’t want to own or carry a firearm. However, if you use your stun gun to harm another person in anger or for no reason, you can be charged with assault. So it’s best to only use it for self-defense. Also, some places, such as schools and churches, may not allow stun guns.

Tasers

Stun guns or electric dart guns are non-lethal weapons that are capable of stuning a person by sending electrical shocks through wires attached to electrodes that emit volts. While many states allow private citizens to own and carry stun guns, others restrict where, when, and how people can use them.

Many states have laws that require people who want to own stun guns to undergo background checks. These are meant to ensure that those who would not be safe with a stun gun cannot get one. This is because a majority of violent individuals with whom the police have to deal are under the influence of cocaine or other stimulants that raise heart rates and blood pressure.

Almost all states criminalize the use of stun guns for anything other than self-defense. Peace officers and other law enforcement personnel can legally carry tasers in some states, but they are required to go through rigorous training and certification to ensure that they know when and how to use them.

Electric Dart Guns

New York state law prohibits a person from possessing ammunition that is armor piercing or that contains an explosive substance. In addition, the state bans persons under 21 from purchasing semi-automatic rifles and requires a license to purchase all other types of rifles. A person under 21 can purchase a gun if they are a current or honorably discharged member of the armed forces or a law enforcement officer.

New laws that took effect this week require toy guns to be brightly colored or clear. The goal is to prevent people from using imitation firearms that could be mistaken for real weapons.

In New York, actual possession means the weapon is on one’s person or immediately available (e.g., between car seats). Constructive possession means a person has dominion and control of a weapon, such as if it is in a locked box in the trunk of one’s car. In the latter case, a person could face felony weapons possession charges. A good lawyer can try to get the charge reduced or dismissed.

Regulations

Despite the fact that federal judges have struck down stun gun bans across the country, New York still prohibits civilians from possessing them. It’s important to research the state laws and regulations before buying a stun gun for protection.

Stun guns are dangerous weapons that can cause serious injury. Consequently, many states have strict regulations in place regarding their ownership and use. Some even require a permit to purchase these devices.

A stun gun can be used to subdue someone and is an effective self-defense weapon. Some stun guns, such as the TASER, shoot electrode darts that embed in the target’s skin and conduct an electrical current through wires attached to the body of the stun gun.

Almost every state allows civilians to own a taser stun gun for self-defense purposes, but there are specifications. For instance, you may not point a stun gun at a police officer, which could result in a felony charge.