assembly Bill A9784

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

Current Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 11, 2020 referred to codes

Co-Sponsors

A9784 (ACTIVE) - Details

See Senate Version of this Bill:
S4849
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§265.20 & 195.08, Pen L

A9784 (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.

A9784 (ACTIVE) - Bill Text download pdf


                    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