Are Tasers Legal in New York? Stun Gun Laws, Penalties and Pending Bills (2026)
Short answerPartly. Penal Law § 265.01(1) still makes it a class A misdemeanor to possess a taser (electronic dart gun) or a stun gun (electronic stun gun), and the Legislature has not repealed it. A federal court held the ban unconstitutional in 2019, but that ruling does not bind New York state courts.
Last verified: November 2, 2026 against Penal Law §§ 265.00, 265.01 and 265.20 on nysenate.gov and NYC Administrative Code § 10-135
Are tasers legal in New York? On paper, no. In federal court, the answer has been different since 2019. That gap leaves anyone who buys or carries one in a risky spot, so it helps to know exactly what the statute says and what has and has not changed.
Key facts
- The law:
Penal Law § 265.01(1)lists electronic dart guns and electronic stun guns by name. - The charge: criminal possession of a weapon in the fourth degree, a class A misdemeanor.
- The maximum: 364 days in jail and a fine of up to $1,000.
- The federal ruling: Avitabile v. Beach, Northern District of New York, March 22, 2019.
- Exempt: police officers and peace officers under
Penal Law § 265.20(1)(b)and(1)(c). - Pending: bills S3833 and A2600 would add a self-defense exemption, and both sit in committee.
Are tasers legal in New York under state law?
No, not on the face of the statute. Section 265.01(1) of the Penal Law says a person is guilty of criminal possession of a weapon in the fourth degree if they possess any “electronic dart gun” or “electronic stun gun,” alongside items such as switchblades, metal knuckles and shuriken.
The two terms are defined in Penal Law § 265.00, and they cover the products most people mean when they say taser or stun gun.
| Everyday name | Statute term | How the statute describes it |
|---|---|---|
| Taser | Electronic dart gun | A device designed primarily as a weapon that stuns, knocks out or paralyzes a person with an electrical shock delivered by a dart or projectile |
| Stun gun | Electronic stun gun | A device designed primarily as a weapon that stuns, disorients, knocks out or paralyzes a person with a high voltage electrical shock |
The statute does not care whether the device is marketed as non-lethal or as a self-defense tool. If it fits the definition, it is listed.
Are stun guns legal in New York after the 2019 federal ruling?
Not clearly. On March 22, 2019, U.S. District Judge David N. Hurd ruled in Avitabile v. Beach that tasers and stun guns are in common use and protected by the Second Amendment. The court found the State had not shown that a total ban serves public safety, and it enjoined enforcement of the provision against these devices.
The New York court system’s Ask a Law Librarian service notes that the Legislature has not repealed or changed the stun gun language since that decision. It also points to People v. Johnson, 65 Misc 3d 1024, for the rule that the federal ruling does not bind New York state courts. Its conclusion is that there is no simple yes or no answer.
Myths vs facts
| Myth | Fact |
|---|---|
| Stun guns are legal because they are not deadly. | The statute names them regardless of lethality. |
| The 2019 ruling made tasers legal across the state. | State courts are not bound by it, and the statute is unchanged. |
| A taser is treated like pepper spray. | Pepper spray has its own rules. See New York pepper spray rules. |
What are the penalties for having a taser or stun gun in NY?
Possession is a class A misdemeanor. The Penal Law caps a class A misdemeanor sentence at 364 days and the fine at $1,000.
| Offense | Class | Maximum jail | Maximum fine |
|---|---|---|---|
Possessing a taser or stun gun, Penal Law § 265.01(1) | A misdemeanor | 364 days (Penal Law § 70.15) | $1,000 (Penal Law § 80.05) |
Police officers and peace officers are exempt under Penal Law § 265.20(1)(b) and (1)(c), so officers may carry these devices on duty.
Are tasers legal in New York City?
The state Penal Law applies in all five boroughs, and New York City adds its own rule. NYC Administrative Code § 10-135 makes it unlawful to sell, offer for sale or possess an electronic stun gun in the city, and a violation is a class A misdemeanor. That section does not cover electronic dart guns, which fall under the Penal Law. Police officers following department procedure are exempt.
Pending bills and timeline
- May 2022: S4284 cleared the Senate Codes Committee 9 to 4, was sent to Rules on June 3, 2022 and died there.
- January 20, 2023: S2421 was introduced by Senator Brad Hoylman-Sigal and referred to Codes. It did not pass.
- January 30, 2025: S3833 was referred to the Senate Codes Committee.
- January 21, 2025: A2600, the Assembly bill, was introduced and referred to the Assembly Codes Committee. It was referred to Codes again on January 7, 2026.
The bills are titled as an act to amend the penal law in relation to electronic dart guns and electronic stun guns. S3833 would allow possession for self-defense at home or at a business the person owns or leases, and would exclude anyone under 18 and anyone with a prior New York felony or assault conviction. Until a bill becomes law, the ban stays on the books.
What to do if you are stopped or charged
- Stay calm and do not argue about the law at the scene.
- Do not volunteer details about where you bought the device or why you carry it.
- Ask to speak with a New York-licensed criminal defense attorney, or request a public defender at your first court date if you cannot afford one.
- Bring up the 2019 federal ruling only through your attorney, who can say whether it helps in your case.
For wider context, see New York gun laws, New York self defense laws and the Guns, Knives and Self-Defense section.
Frequently asked questions
Are stun guns legal in NY?
Not under the statute. Penal Law § 265.01(1) lists electronic stun guns, and possession is a class A misdemeanor. A 2019 federal court ruling found the ban unconstitutional, but New York has not changed the law and state courts are not bound by that ruling.
Is it illegal to have a taser in New York?
Yes, on the face of the law. A taser is an electronic dart gun, and possessing one can be charged as criminal possession of a weapon in the fourth degree. Police officers and peace officers are exempt, but ordinary residents are not named in any exemption.
Are tasers legal in New York City?
The state ban applies in New York City too, and the city adds its own stun gun ban in NYC Administrative Code § 10-135. Either way, a taser or stun gun carries class A misdemeanor risk in Manhattan as it does in Buffalo or Albany.
Is it legal to carry a taser in NY for self-defense?
The statute has no self-defense exemption for tasers or stun guns. Bills that would add one, including S3833 and A2600, have not passed. A federal court did say a total ban is unconstitutional, but carrying one still carries criminal risk in state court.
What can I carry for self-defense instead?
Pepper spray is the usual alternative. Adults 18 and older without a New York felony or assault conviction can carry a pocket-sized spray device that meets state standards, and may use it only where physical force would be justified. Our pepper spray guide covers the details.
Could New York legalize stun guns soon?
Possibly, but nothing has passed. A bill cleared the Senate Codes Committee in 2022 and died in Rules, and the 2025 and 2026 versions are still in committee. We update this page when the status changes.
What changed on this page
- November 2, 2026: Checked the Penal Law text and the status of S3833 and A2600. No change to the stun gun language. See our corrections policy if you spot an error.
If this affects you
If you have been charged, speak with an attorney licensed in New York before you answer questions. The New York State Bar Association lawyer referral service can connect you with one, and your county criminal court can appoint a public defender if you qualify. Our editorial policy explains how we research these pages. This article is general legal information, not legal advice.
