Tasers are legal in New York in a limited, unsettled sense: the state statute banning them is still on the books, but a 2019 federal court ruling declared that total ban unconstitutional. That leaves civilian possession in a genuine gray zone, safest inside your own home and still actively prohibited within New York City by a separate local law.
Why the Answer Isn’t a Clean Yes or No
New York Penal Law 265.01 criminalizes possession of an “electronic dart gun” (the statutory term for a Taser) or “electronic stun gun” as fourth-degree criminal possession of a weapon.1New York State Senate. New York Penal Law 265-01 – Criminal Possession of a Weapon in the Fourth Degree That statute has not been amended.
In 2019, a federal district judge in the Northern District of New York ruled in Avitabile v. Beach that a blanket ban on civilian possession of stun guns and Tasers violates the Second Amendment. Some restrictions could be constitutional, the court said, but a total prohibition could not. The ruling stopped the New York State Police from enforcing the ban going forward.
A federal district court decision does not automatically rewrite state law, though. The legislature has never repealed or amended the prohibition in 265.01, and the state court system itself has described the situation as a “gray zone.”2New York State Unified Court System: Ask a Law Librarian. Are Stun Guns / Tasers Legal in New York? Local prosecutors in some jurisdictions may still bring charges under the state statute, particularly for conduct outside the Northern District where Avitabile was decided. State troopers are unlikely to arrest you for simple possession. A local police department could. And a state court could convict you if it decides the federal ruling doesn’t bind it.
New York City Has Its Own Active Ban
New York City prohibits these devices independently of state law. Section 10-135 of the NYC Administrative Code makes it illegal to sell, offer for sale, or possess an electronic stun gun within city limits, and violations are charged as a Class A misdemeanor.3American Legal. NYC Administrative Code 10-135 – Prohibition on Sale and Possession of Electronic Stun Guns The only exemptions are for police officers acting under department procedures and for manufacturers or merchants shipping devices through the city to destinations outside it.
The city code defines “electronic stun gun” in a way that excludes projectile-firing Tasers, which are covered instead by the state Penal Law definition of “electronic dart gun.” That distinction offers little real protection. Tasers still fall under the state prohibition in 265.01, and city police enforce both. Treat both types of device as prohibited if you live in or plan to visit New York City.
Penalties If You Are Charged
Possessing a stun gun or Taser in violation of Penal Law 265.01 is criminal possession of a weapon in the fourth degree, a Class A misdemeanor.1New York State Senate. New York Penal Law 265-01 – Criminal Possession of a Weapon in the Fourth Degree A conviction can carry up to 364 days in jail, a fine of up to $1,000, or a period of probation.4New York State Senate. New York Penal Law 70-15 – Sentences of Imprisonment for Misdemeanors
Penalties escalate sharply if the device is used during another crime. A stun gun or Taser used in a robbery qualifies as a “dangerous instrument” under Penal Law 160.15(3), turning the charge into robbery in the first degree, a Class B violent felony with a minimum of five years and a maximum of 25 years in state prison.5New York State Senate. New York Penal Law 160-15 – Robbery in the First Degree
Self-Defense Limits Under Article 35
Using one of these devices for anything other than genuine self-defense will not help you in court. Penal Law 35.15 allows you to use physical force against another person when you reasonably believe it is necessary to defend yourself or a third person from what you reasonably believe is the use or imminent use of unlawful physical force.6New York State Senate. New York Penal Law 35-15 – Justification; Use of Physical Force in Defense of a Person Two limits matter.
The justification disappears if you provoked the confrontation with intent to cause injury, or if you were the initial aggressor. If you started the fight, you generally cannot claim self-defense unless you clearly withdrew, communicated that withdrawal, and the other person kept coming.
New York also imposes a duty to retreat before using deadly physical force. If you can safely walk away, you must. The “castle doctrine” exception means you have no duty to retreat inside your own home, provided you were not the initial aggressor.6New York State Senate. New York Penal Law 35-15 – Justification; Use of Physical Force in Defense of a Person Whether a Taser counts as deadly physical force is a fact-specific question. Prosecutors may argue it does, especially when the person shocked is elderly, has a heart condition, or is otherwise vulnerable. If a court treats your Taser use as deadly force, the duty to retreat applies everywhere except your home.
Traveling With a Taser or Stun Gun
Federal transportation rules add another layer on top of New York’s laws, and this is where people routinely run into problems.
The TSA prohibits stun guns and Tasers in carry-on luggage. You may pack one in checked baggage, but it must be transported in a way that prevents accidental discharge, and if the device contains a lithium battery, FAA battery rules also apply.7Transportation Security Administration. Stun Guns/Shocking Devices The final decision at the checkpoint rests with the individual TSA officer. And clearing screening is only half the problem: flying into a New York airport means facing state and local laws on arrival.
Amtrak is stricter. Self-defense items, including stun guns, are banned from both carry-on and checked baggage. The prohibition also reaches anything similar to the listed items even if not specifically named, and Amtrak personnel decide whether an unlisted item falls within the ban.8Amtrak. Prohibited Items in Baggage
Pending Legislation That Would Replace the Ban
Several bills have been introduced to resolve the gray zone by replacing the total prohibition with a regulated framework. The most recent, Senate Bill S9623 (2025 session), would amend Penal Law 265.20 to create specific exemptions for civilian possession.9New York State Senate. Senate Bill S9623 An earlier version, S2421, proposed a similar structure.10New York State Senate. Senate Bill S2421 Neither has been enacted.
Under the proposed framework, possession would be allowed only at your home, on real estate you own or lease, or at a business you own or operate. Use would be permitted only when justified under Article 35. Carrying one on the street, in public spaces, or while commuting would remain off-limits.
The restrictions on who could possess a device include:
- A minimum purchase and possession age of 18.
- A bar on anyone previously convicted of a felony in New York, or of an out-of-state crime that would qualify as a felony in New York.
- A bar on anyone convicted of any assault crime, felony or misdemeanor.
- A cap of two devices per transaction, with the dealer required to verify the buyer’s age and obtain a sworn statement of no disqualifying criminal history.
The bills would also create a new Class D felony for using a stun gun or Taser against a police officer or peace officer performing a lawful duty.9New York State Senate. Senate Bill S9623
The Practical Bottom Line
No one in New York can carry a stun gun or Taser with complete legal certainty right now. An adult with no disqualifying criminal history who keeps one at home for self-defense has a strong constitutional argument in their favor after Avitabile. That is not the same thing as clearly legal. The statute has not been repealed, the bills that would create explicit exemptions have not passed, and New York City continues to enforce its own local ban.
Keeping the device at home rather than carrying it in public puts you on the strongest ground the current law allows. Purchasing from a reputable dealer that verifies your age and eligibility creates a paper trail of good-faith compliance. If the legislature eventually passes something like S9623, the rules will be more restrictive than in most other states, and worth watching closely before you buy.