Senate Bill S4849

                            
 
                     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.