Assembly Actions -
Senate Actions - UPPERCASE
|Jan 08, 2020
referred to codes
|Mar 27, 2019
referred to codes
Senate Bill S4849
2019-2020 Legislative Session
Archive: Last Bill Status - In Senate Committee Codes Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2019-S4849 (ACTIVE) - Details
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.
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.
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
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.