Assembly Bill A9784

2019-2020 Legislative Session

Relates to allowing the possession and sale of electronic dart guns and electronic stun guns for self-defense

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A9784 (ACTIVE) - Details

See Senate Version of this Bill:
S4849
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§265.20 & 195.08, Pen L
Versions Introduced in Other Legislative Sessions:
2021-2022: A3236, S4284
2023-2024: A212, S2421

2019-A9784 (ACTIVE) - Summary

Relates to allowing the possession and sale of electronic dart guns and electronic stun guns for self-defense; adds such weapons in the definition of obstructing governmental administration by means of a self-defense spray device.

2019-A9784 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9784
 
                           I N  A S S E M B L Y
 
                             February 11, 2020
                                ___________
 
 Introduced by M. of A. SAYEGH -- read once and referred 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:
 
   Section 1. Subdivision a of section 265.20 of the penal law is amended
 by adding two new paragraphs 17 and 18 to read as follows:
   17.  POSSESSION IN ACCORDANCE WITH THE PROVISIONS OF THIS PARAGRAPH OF
 AN ELECTRONIC DART GUN OR AN ELECTRONIC STUN GUN,  AS  THOSE  TERMS  ARE
 DEFINED  IN  SECTION  265.00  OF  THIS  ARTICLE, FOR THE PROTECTION OF A
 PERSON OR PROPERTY ON REAL ESTATE THAT SUCH PERSON OWNS  OR  LEASES,  OR
 WHERE  SUCH  PERSON RESIDES, OR WITHIN THE CONFINES OF A BUSINESS ESTAB-
 LISHMENT THAT SUCH PERSON OWNS OR LEASES, AND  USE  OF  SUCH  ELECTRONIC
 DART  GUN OR ELECTRONIC STUN GUN UNDER CIRCUMSTANCES WHICH WOULD JUSTIFY
 THE USE OF PHYSICAL FORCE PURSUANT TO ARTICLE THIRTY-FIVE OF THIS  CHAP-
 TER.
   (A) THE EXEMPTION PROVIDED FOR UNDER THIS PARAGRAPH SHALL NOT APPLY TO
 A  PERSON  WHO:  (I)  IS  LESS THAN EIGHTEEN YEARS OF AGE; (II) HAS BEEN
 PREVIOUSLY CONVICTED IN THIS STATE OF A FELONY OR ANY ASSAULT; OR  (III)
 HAS  BEEN  CONVICTED  OF  A CRIME OUTSIDE THE STATE OF NEW YORK WHICH IF
 COMMITTED IN NEW YORK WOULD CONSTITUTE A FELONY OR ANY ASSAULT CRIME.
   (B) THE DEPARTMENT OF HEALTH, WITH THE COOPERATION OF THE DIVISION  OF
 CRIMINAL  JUSTICE SERVICES AND THE SUPERINTENDENT OF STATE POLICE, SHALL
 DEVELOP STANDARDS AND PROMULGATE REGULATIONS REGARDING THE TYPE OF ELEC-
 TRONIC DART GUN OR ELECTRONIC STUN GUN WHICH MAY LAWFULLY BE  PURCHASED,
 POSSESSED  AND  USED PURSUANT TO THIS PARAGRAPH.  SUCH REGULATIONS SHALL
 INCLUDE A MAXIMUM ALLOWABLE DELIVERED CHARGE FOR  SUCH  DEVICES,  AND  A
 REQUIREMENT  THAT EVERY ELECTRONIC DART GUN OR ELECTRONIC STUN GUN WHICH
 MAY BE LAWFULLY PURCHASED, POSSESSED OR USED PURSUANT TO THIS  PARAGRAPH
 HAVE  A  LABEL  WHICH  STATES:  "WARNING: THE USE OF THIS DEVICE FOR ANY
 PURPOSE OTHER THAN SELF-DEFENSE IS A CRIMINAL  OFFENSE  UNDER  THE  LAW.
 THIS  DEVICE  SHALL NOT BE SOLD BY ANOTHER PERSON, OTHER THAN A LICENSED
 OR AUTHORIZED DEALER. POSSESSION OF THIS DEVICE BY ANY PERSON UNDER  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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