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

Current Bill Status - In Senate Committee Codes 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
Mar 27, 2019 referred to codes

Co-Sponsors

S4849 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§265.20 & 195.08, Pen L

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.

S4849 (ACTIVE) - Sponsor Memo

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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