Senate Bill S4849

2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last 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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2019-S4849 (ACTIVE) - Details

See Assembly Version of this Bill:
A9784
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§265.20 & 195.08, Pen L
Versions Introduced in Other Legislative Sessions:
2021-2022: S4284, A3236
2023-2024: S2421, A212

2019-S4849 (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.

2019-S4849 (ACTIVE) - Sponsor Memo

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.
              

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