Tasers are not legal in NYC. Both New York State Penal Law and the New York City Administrative Code still make possession of a stun gun or taser a Class A misdemeanor, even though a federal judge ruled the state’s ban unconstitutional in 2019. The statutes were never repealed or rewritten, so an arrest is still possible for carrying a device a court has already said you have a Second Amendment right to own. That gap between what the Constitution says and what the statute books say is the whole story here.
The State Law That Still Bans Them
New York Penal Law § 265.01(1) lists “electronic dart gun” and “electronic stun gun” right next to firearms, switchblade knives, and brass knuckles. Possessing any of them 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 That language has not been amended. On the face of the statute, possessing a taser anywhere in New York State is a crime.
The Federal Ruling That Should Have Ended It
In 2019, United States District Judge David N. Hurd ruled in Avitabile v. Beach that New York’s total ban on civilian possession of stun guns and tasers violated the Second Amendment. The plaintiff wanted to buy a stun gun for self-defense but feared prosecution under § 265.01(1).2vLex. Avitabile v Beach Judge Hurd concluded that stun guns and tasers are “bearable arms” protected by the right to keep and bear arms.
In theory, that ends the matter. In practice, it hasn’t. The New York State Legislature never responded by amending § 265.01 or creating a licensing scheme. Some New York State courts have taken the position that a federal district court ruling does not automatically bind state courts, which means someone arrested under the statute would have to raise Avitabile as a defense and hope the judge agrees.
New York City’s Separate Ban
Even setting the state statute aside, New York City has its own prohibition. NYC Administrative Code § 10-135 makes it unlawful for any person to sell, offer for sale, or possess an electronic stun gun within the city. Violation is a Class A misdemeanor.3NYC Administrative Code. NYC Administrative Code 10-135 – Prohibition on Sale and Possession of Electronic Stun Guns The only carve-outs are for police officers acting under department procedures and for manufacturers or merchants shipping devices through the city to a destination outside it.
This is the layer many people miss. Even if a judge accepted Avitabile as invalidating Penal Law § 265.01(1), a prosecutor could still charge you under the city code. Whether a court would strike down § 10-135 on the same Second Amendment grounds is an open question that hasn’t been resolved. If you live in or visit NYC, this is the part of the law that matters most.
What Happens If You Get Caught With One
If an NYPD officer finds a stun gun on you, you can be arrested under either the state statute or the city code, or both. Your defense in court would be that the ban is unconstitutional under Avitabile and the Second Amendment. That argument has a reasonable chance of succeeding. But “you will probably win after hiring a lawyer and going through the court system” is very different from “it is legal.”
No one has been convicted of simple stun gun possession after raising a credible Second Amendment defense since the Avitabile ruling. The arrest itself, the court appearances, and the legal fees are still real consequences that the constitutional argument doesn’t prevent. When people say tasers are “technically legal” in New York, this is what they mean. The constitutional protection exists; the statutes have not caught up.
Penalties
Simple possession of a stun gun in violation of Penal Law § 265.01 or NYC Administrative Code § 10-135 is a Class A misdemeanor. The maximum sentence for a Class A misdemeanor in New York is 364 days in jail.4New York State Senate. New York Penal Law 70.15 – Sentences of Imprisonment for Misdemeanors and Violations
Using a stun gun to assault someone is a different problem entirely. Under New York Penal Law § 10.00(13), a “dangerous instrument” is anything that, under the circumstances of its use, is readily capable of causing death or serious physical injury. A stun gun used aggressively would almost certainly meet that definition, which means an assault committed with one could be charged as assault in the second degree, a Class D felony, rather than a simple misdemeanor assault. The penalties climb from there based on the injuries and the circumstances.
The Bill That Would Actually Legalize Them
New York Senate Bill S2421 was introduced to close the gap between the court ruling and the statute. It would add an exemption to Penal Law § 265.20 permitting civilian possession of stun guns and tasers for self-defense, with conditions attached.5New York State Senate. NY State Senate Bill 2023-S2421 The proposed rules include:
- A minimum age of 18 to purchase or possess.
- Ineligibility for anyone previously convicted of a felony or any assault offense in New York, or an equivalent offense in another state.
- Purchases only through firearms dealers licensed under Penal Law § 400.00 or other vendors approved by the Superintendent of State Police.
- Proof of age and a sworn statement confirming no disqualifying criminal record.
- A limit of two devices per buyer at one time.
- Lawful use limited to circumstances that would justify physical force under Article 35 of the Penal Law.
As of early 2026, S2421 remains in committee and has not been enacted. These are proposed rules, not current law. Until the legislature acts, there is no formal legal process for buying a stun gun in New York, because the statute still says you cannot possess one at all.
If You Do Use One: Self-Defense Rules
Possession is one question; using a stun gun on another person is another. New York’s justification statute in Penal Law § 35.15 allows you to use physical force when you reasonably believe it is necessary to defend yourself or another person from the imminent use of unlawful physical force. The force must be proportional to the threat.6New York State Senate. New York Penal Law 35.15 – Justification; Use of Physical Force in Defense of a Person
Justification does not apply if you provoked the confrontation with intent to cause injury, if you were the initial aggressor and did not clearly withdraw, or if the incident was a mutually agreed-upon fight. Your belief in imminent danger has to be reasonable both from your own perspective and from that of an ordinary person in the same situation. Using a stun gun to intimidate someone, settle a dispute, or commit a crime is not self-defense and is not covered.
Air Travel
TSA prohibits stun guns and tasers in carry-on bags but allows them in checked luggage if the device is packed to prevent accidental discharge.7Transportation Security Administration. Stun Guns/Shocking Devices Many stun guns contain lithium batteries, so FAA battery rules also apply, and individual airlines may impose their own restrictions. Wherever you land, the local laws will decide whether you can carry the device once you arrive; the rules in New York are not the rules everywhere.