NY State Senate Bill 2023-S2421

Senate Bill S2421

2023-2024 Legislative Session

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

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Current 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Jan 20, 2023	referred to codes

co-Sponsors

2023-S2421 (ACTIVE) - Details

See Assembly Version of this Bill:: A212
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§265.20 & 195.08, Pen L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S4849, A9784
2021-2022: S4284, A3236

2023-S2421 (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.

2023-S2421 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2421

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the penal law, in relation to electronic dart guns and
electronic stun guns

 
PURPOSE:

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 SPECIFIC 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 elec-
tronic 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.4284 of 2021-2022 (Hoylman): Died in Rules

A.3236 of 2021-2022 (Sayegh): Died in Codes

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.

2023-S2421 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2421
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2023
                                ___________
 
 Introduced  by  Sens. HOYLMAN-SIGAL, 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.
                                                            LBD01672-01-3

 S. 2421                             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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malyar35

10 months ago

legalize stun guns in New York City because it is a necessity and firearms are not illegal because of the second amendment and are much worse.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S2421

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Sponsored By

Brad Hoylman-Sigal