Assembly Bill A9784

                            
 
                     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
              

                       [ ] is old law to be omitted.
                                                            LBD10970-01-9

 A. 9784                             2

 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.