STATE OF NEW YORK
________________________________________________________________________
4849
2019-2020 Regular Sessions
IN SENATE
March 27, 2019
___________
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to electronic dart guns and
electronic stun guns
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Subdivision a of section 265.20 of the penal law is amended
2 by adding two new paragraphs 17 and 18 to read as follows:
3 17. Possession in accordance with the provisions of this paragraph of
4 an electronic dart gun or an electronic stun gun, as those terms are
5 defined in section 265.00 of this article, for the protection of a
6 person or property on real estate that such person owns or leases, or
7 where such person resides, or within the confines of a business estab-
8 lishment that such person owns or leases, and use of such electronic
9 dart gun or electronic stun gun under circumstances which would justify
10 the use of physical force pursuant to article thirty-five of this chap-
11 ter.
12 (a) The exemption provided for under this paragraph shall not apply to
13 a person who: (i) is less than eighteen years of age; (ii) has been
14 previously convicted in this state of a felony or any assault; or (iii)
15 has been convicted of a crime outside the state of New York which if
16 committed in New York would constitute a felony or any assault crime.
17 (b) The department of health, with the cooperation of the division of
18 criminal justice services and the superintendent of state police, shall
19 develop standards and promulgate regulations regarding the type of elec-
20 tronic dart gun or electronic stun gun which may lawfully be purchased,
21 possessed and used pursuant to this paragraph. Such regulations shall
22 include a maximum allowable delivered charge for such devices, and a
23 requirement that every electronic dart gun or electronic stun gun which
24 may be lawfully purchased, possessed or used pursuant to this paragraph
25 have a label which states: "WARNING: the use of this device for any
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10970-01-9
S. 4849 2
1 purpose other than self-defense is a criminal offense under the law.
2 This device shall not be sold by another person, other than a licensed
3 or authorized dealer. Possession of this device by any person under the
4 age of eighteen or by anyone who has been convicted of a felony or
5 assault is illegal. Violators may be prosecuted under the law."
6 18. Possession and sale of an electronic dart gun or electronic stun
7 gun as defined in section 265.00 of this article, by a dealer in
8 firearms licensed pursuant to section 400.00 of this chapter, or by any
9 other vendor as may be authorized and approved by the superintendent of
10 state police.
11 (a) Every electronic dart gun or electronic stun gun shall be accompa-
12 nied by an insert or inserts which include directions for use, first aid
13 information, safety and storage information and which shall also contain
14 a toll free telephone number for the purpose of allowing any purchaser
15 to call and receive additional information regarding the availability of
16 local courses in self-defense training and safety in the use of an elec-
17 tronic dart gun or electronic stun gun.
18 (b) Before delivering an electronic dart gun or electronic stun gun to
19 any person, the licensed or authorized dealer shall require proof of age
20 and a sworn statement on a form approved by the superintendent of state
21 police that such person has not been convicted of a felony or any crime
22 involving an assault. Such forms shall be forwarded to the division of
23 state police at such intervals as directed by the superintendent of
24 state police. Absent any such direction the forms shall be maintained on
25 the premises of the vendor and shall be open at all reasonable hours for
26 inspection by any peace officer or police officer, acting pursuant to
27 his or her special duties. No more than two of any combination of elec-
28 tronic dart guns or electronic stun guns may be sold at any one time to
29 a single purchaser.
30 § 2. Section 195.08 of the penal law, as added by chapter 354 of the
31 laws of 1996, is amended to read as follows:
32 § 195.08 Obstructing governmental administration by means of a self-de-
33 fense spray device, electronic dart gun, or electronic stun
34 gun.
35 A person is guilty of obstructing governmental administration by means
36 of a self-defense spray device, electronic dart gun, or electronic stun
37 gun when, with the intent to prevent a police officer or peace officer
38 from performing a lawful duty, he causes temporary physical impairment
39 to a police officer or peace officer by intentionally discharging a
40 self-defense spray device, as defined in paragraph fourteen of subdivi-
41 sion a of section 265.20 of this chapter, or an electronic dart gun or
42 electronic stun gun, as defined in section 265.00 of this chapter,
43 thereby causing such temporary physical impairment.
44 Obstructing governmental administration by means of a self-defense
45 spray device, electronic dart gun, or electronic stun gun is a class D
46 felony.
47 § 3. This act shall take effect immediately.