NY State Senate Bill 2019-S4849

Senate Bill S4849

2019-2020 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Codes 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Mar 27, 2019	referred to codes

co-Sponsors

2019-S4849 (ACTIVE) - Details

See Assembly Version of this Bill:: A9784
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§265.20 & 195.08, Pen L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S4284, A3236
2023-2024: S2421, A212

2019-S4849 (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-S4849 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4849

SPONSOR: HOYLMAN
 
TITLE OF BILL:  An act to amend the penal law, in relation to elec-
tronic dart guns and electronic stun guns

 
PURPOSE OF BILL:

The purpose of this bill is to regulate the sale, possession, and use of
electronic dart guns and electronic stun guns in New York State.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends subdivision a of Section 265.20 of the
Penal Law to add two new paragraphs 17 and 18.

Paragraph 17 adds an exemption under the Penal Law to allow for the
possession of an electronic dart gun or electronic stun gun for personal
protection or the protection of a person's property, and for the use of
such weapons under circumstances which would justify the use of physical
force pursuant to Article 35 of the Penal Law.

Such exemption would not apply to a person who is less than eighteen
years of age, has been previously convicted in New York State of a felo-
ny or any assault, or has been convicted of a crime outside of New York
State which if committed in New York State would constitute a felony or
any assault crime.

The bill gives the Department of Health, the Division of Criminal
Justice Services, and the Superintendent of State Police the authority
to develop standards and regulations relating to the types of electronic
dart guns or electronic stun guns that may be lawfully purchased,
possessed, and used. Such regulations must include requirements relating
to a maximum allowable delivered charge, and to a mandatory warning
label regarding the legal sale, use, and possession of such weapons.

Paragraph 18 requires licensed firearms dealers and other vendors to
include an insert with every electronic dart gun or electronic stun gun
that relays information relating to safety, first aid, and a toll free
number to connect users to additional training courses.

It also requires such dealers or vendors to require proof of age and a
sworn statement that the purchaser has not been convicted of a felony or
any crime involving an assault before delivering an electronic dart gun
or electronic stun gun to the purchaser, and prohibits the sale of more
than two of such weapons at any one time to a single purchaser.

Section 2 of the bill amends Section 195.08 of the Penal Law to add
electronic dart guns and electronic stun guns to the existing crime of
Obstructing Governmental Administration by Means of a Self-Defense Spray
Device. This would make the act of causing temporary physical impairment
to a police officer or peace officer by intentionally discharging an
electronic dart gun or electronic stun gun with the intent to prevent
such officer from performing a lawful duty a Class D Felony.

Section 3 provides the effective date of the bill.

 
JUSTIFICATION:

On Friday, March 22nd, 2019, U.S. District Judge David Hurd issued a
ruling on a case challenging New York's total ban on the civilian
possession of tasers and stun guns that declared the ban unconstitu-
tional on the grounds that it violates the Second Amendment. This ruling
follows similar decisions by courts in Illinois, Massachusetts, and New
Jersey.

However, in his opinion on the case, Judge Hurd noted that his ruling
"does not foreclose the possibility that some restriction(s) on the
possession and/or use of tasers and stun guns would be permissible under
the Second Amendment". The judge further noted that "other states have
already done this... New York might consider doing so as well."

This bill would regulate the sale, possession, and use of electronic
stun guns and electronic dart guns in a similar manner to New York's
current laws regulating the use of personal defense sprays. The bill
would limit the possession of these weapons to possession for personal
protection or the protection of property, and limit the permissible use
of such weapons to self-defense.

Although these weapons are generally designed and intended to incapaci-
tate their targets, they are more than capable of killing.  There have
been numerous instances of people dying as a result of being struck by
these weapons across the United States in recent years. It is imperative
in light of the recent court decision that New York act to impose sensi-
ble restrictions on the use of these potentially deadly weapons in order
to protect our residents from harm.

 
LEGISLATIVE HISTORY:

New bill

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S4849 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4849
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              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:

   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10970-01-9

 S. 4849                             2
 
 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
 AGE  OF  EIGHTEEN  OR  BY  ANYONE  WHO HAS BEEN CONVICTED OF A FELONY OR
 ASSAULT IS ILLEGAL. VIOLATORS MAY BE PROSECUTED UNDER THE LAW."
   18. POSSESSION AND SALE OF AN ELECTRONIC DART GUN OR  ELECTRONIC  STUN
 GUN  AS  DEFINED  IN  SECTION  265.00  OF  THIS  ARTICLE, BY A DEALER IN
 FIREARMS LICENSED PURSUANT TO SECTION 400.00 OF THIS CHAPTER, OR BY  ANY
 OTHER  VENDOR AS MAY BE AUTHORIZED AND APPROVED BY THE SUPERINTENDENT OF
 STATE POLICE.
   (A) EVERY ELECTRONIC DART GUN OR ELECTRONIC STUN GUN SHALL BE ACCOMPA-
 NIED BY AN INSERT OR INSERTS WHICH INCLUDE DIRECTIONS FOR USE, FIRST AID
 INFORMATION, SAFETY AND STORAGE INFORMATION AND WHICH SHALL ALSO CONTAIN
 A TOLL FREE TELEPHONE NUMBER FOR THE PURPOSE OF ALLOWING  ANY  PURCHASER
 TO CALL AND RECEIVE ADDITIONAL INFORMATION REGARDING THE AVAILABILITY OF
 LOCAL COURSES IN SELF-DEFENSE TRAINING AND SAFETY IN THE USE OF AN ELEC-
 TRONIC DART GUN OR ELECTRONIC STUN GUN.
   (B) BEFORE DELIVERING AN ELECTRONIC DART GUN OR ELECTRONIC STUN GUN TO
 ANY PERSON, THE LICENSED OR AUTHORIZED DEALER SHALL REQUIRE PROOF OF AGE
 AND  A SWORN STATEMENT ON A FORM APPROVED BY THE SUPERINTENDENT OF STATE
 POLICE THAT SUCH PERSON HAS NOT BEEN CONVICTED OF A FELONY OR ANY  CRIME
 INVOLVING  AN  ASSAULT. SUCH FORMS SHALL BE FORWARDED TO THE DIVISION OF
 STATE POLICE AT SUCH INTERVALS AS  DIRECTED  BY  THE  SUPERINTENDENT  OF
 STATE POLICE. ABSENT ANY SUCH DIRECTION THE FORMS SHALL BE MAINTAINED ON
 THE PREMISES OF THE VENDOR AND SHALL BE OPEN AT ALL REASONABLE HOURS FOR
 INSPECTION  BY  ANY  PEACE OFFICER OR POLICE OFFICER, ACTING PURSUANT TO
 HIS OR HER SPECIAL DUTIES. NO MORE THAN TWO OF ANY COMBINATION OF  ELEC-
 TRONIC  DART GUNS OR ELECTRONIC STUN GUNS MAY BE SOLD AT ANY ONE TIME TO
 A SINGLE PURCHASER.
   § 2. Section 195.08 of the penal law, as added by chapter 354  of  the
 laws of 1996, is amended to read as follows:
 § 195.08 Obstructing  governmental administration by means of a self-de-
            fense spray device, ELECTRONIC DART GUN, OR  ELECTRONIC  STUN
            GUN.
   A person is guilty of obstructing governmental administration by means
 of  a self-defense spray device, ELECTRONIC DART GUN, OR ELECTRONIC STUN
 GUN when, with the intent to prevent a police officer or  peace  officer
 from  performing  a lawful duty, he causes temporary physical impairment
 to a police officer or peace  officer  by  intentionally  discharging  a
 self-defense  spray device, as defined in paragraph fourteen of subdivi-
 sion a of section 265.20 of this chapter, OR AN ELECTRONIC DART  GUN  OR
 ELECTRONIC  STUN  GUN,  AS  DEFINED  IN  SECTION 265.00 OF THIS CHAPTER,
 thereby causing such temporary physical impairment.
   Obstructing governmental administration by  means  of  a  self-defense
 spray  device,  ELECTRONIC DART GUN, OR ELECTRONIC STUN GUN is a class D
 felony.
   § 3. This act shall take effect immediately.

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Senate Bill S4849

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Sponsored By

Brad Hoylman-Sigal