NY State Senate Bill 2021-S4284

Senate Bill S4284

2021-2022 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 Rules 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2022	committed to rules
May 11, 2022	advanced to third reading
May 10, 2022	2nd report cal.
May 09, 2022	1st report cal.1111
Jan 05, 2022	referred to codes
Feb 03, 2021	referred to codes

Votes

- May 9, 2022 - Codes Committee Vote
  S4284
  
  9
  
  Aye
  
  4
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: May 9, 2022
      
      aye (9)
      
      Bailey
      
      Biaggi
      
      Brisport
      
      Cooney
      
      Kaminsky
      
      Kavanagh
      
      Myrie
      
      Savino
      
      Sepúlveda
      
      nay (4)
      
      Akshar
      
      Gallivan
      
      O'Mara
      
      Palumbo

co-Sponsors

2021-S4284 (ACTIVE) - Details

See Assembly Version of this Bill:: A3236
Current Committee:: Senate Rules
Law Section:: Penal Law
Laws Affected:: Amd §§265.20 & 195.08, Pen L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S4849, A9784
2023-2024: S2421, A212

2021-S4284 (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.

2021-S4284 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4284

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the penal law, in relation to electronic 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 elec-
tronic 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 felony 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:

S.4849 of 2019-2020 (Hoylman): Died in Codes

A.9784 of 2019-2020 (Sayegh): Died in Codes

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S4284 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4284
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced by Sens. HOYLMAN, BIAGGI, KRUEGER, STAVISKY -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02578-01-1

 S. 4284                             2
 
 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
 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 S4284

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Sponsored By

Brad Hoylman-Sigal