Stun guns legal to carry in NY/NYC?

[Onegunnotenough]

Can't seem to find any information on if we are allowed to carry tasers/stun guns
in NYC . I spoke to several cops who actually knew case was overturned back in march, but not sure on legality of carry. All the stores on the net said they will ship to city as purchases are legal,but no one committing on carry. Anyone know?

 

[spat]

You need to weigh your risks.

Regardless of the actual legal standing at the moment if you are caught with one you run the risk of a cop who is ignorant of the law arresting you for it and it costing a lot of time and money to straighten out.

On the other hand, if you really need one and are caught without it, you could end up dead.

Only you can make that call.

 

[Onegunnotenough]

I guess it's a grey area. Anybody?

 

[GOYABEAN]

 

[Saltwater60]

They are protected by the second amendment so I dunno.

 

[BDinPutnam]

They are protected by the second amendment so I dunno.

So that would be a no, then.

Seriously though, I agree with @spat above.

And if you have serious life altering concerns in the matter, OP, I would suggest consulting an attorney.

 

[GOYABEAN]

So that would be a no, then.

Seriously though, I agree with @spat above.

And if you have serious life altering concerns in the matter, OP, I would suggest consulting an attorney.

I'm sure @Airborneguy will chime in

 

[M_F]

Treat it the same as carrying pepper spray or a folding knife in NYC. Concealed is concealed, nobody will know unless the unlikely happens and you are forced to use it in self defense. You should have asked those cops if they would make an arrest if they see it.

 

[Truebeliever]

Folding knives ( gravity knife) that are concealed are no longer illegal in NYS. Local law against in public view is still in effect on knives.

stun guns is a grey area that the SCOTUS made it legal but you might be a defendant until it goes thru the court system .

 

[Blimey]

Last year (?) SCOTUS said the 2nd protects them basically. So has SCOTUS confirmed they are okay but since NY isn't actually under the auspices of the 2nd, you can still be arrested and charged with existing laws?

 

[Airborneguy]

I believe an order came out regarding stun guns being legal but not tasers. I don’t deal with that type of stuff often though so I’m not sure.

If I was to come across one involved in a DV incident, I’d just look it up.

 

[Onegunnotenough]

I believe an order came out regarding stun guns being legal but not tasers. I don’t deal with that type of stuff often though so I’m not sure.

If I was to come across one involved in a DV incident, I’d just look it up.

That I know is wrong. Stun gun/taser under same law and allowances..

 

[Airborneguy]

So are shotguns, but you need a permit in NYC just to touch one. Maybe I’ll look it up one day but someone would have to remind me because I honestly don’t care.

 

[spat]

I believe an order came out regarding stun guns being legal but not tasers. I don’t deal with that type of stuff often though so I’m not sure.

If I was to come across one involved in a DV incident, I’d just look it up.

It would be interesting to hear their justification for one being legal and the other not. I imagine they would have to do a pretty complex little dance to try to pull that off.

 

[byron]

A federal court found that New York's complete ban on civilian possession of stun guns and Tasers was unconstitutional. In 2019, a federal court struck down a New York law that made it illegal for civilians for possess stun guns or Tasers anywhere and for any reason.

Stun Gun Laws in New York

they are trying to find a work around to limit them. Its not passed yet In Committee at this time

NY State Senate Bill S4849

 

[speedkills27]

They are protected by the second amendment so I dunno.

But NYC is a 2nd Amendment free zone, so...

 

[C3D]

They are legal for now.

Just be cautious if you use one you can still be charged with Criminal Possession of a Weapon. As a general rule, anything other than a licensed pistol or revolver that is used to assault another person - a Taser, a rock, a beer bottle - is a weapon if assault is committed.

 

[Airborneguy]

They are legal for now.

Just be cautious if you use one you can still be charged with Criminal Possession of a Weapon. As a general rule, anything other than a licensed pistol or revolver that is used to assault another person - a Taser, a rock, a beer bottle - is a weapon if assault is committed.

So is your perfectly legal firearm if used unlawfully.

If I am being assaulted and all I have available is a rock to defend myself, and my use of force is deemed justified, it wouldn’t have been a crime to have used that rock (or any other appropriate item).

 

[C3D]

They are legal for now.

Just be cautious if you use one you can still be charged with Criminal Possession of a Weapon. As a general rule, anything other than a licensed pistol or revolver that is used to assault another person - a Taser, a rock, a beer bottle - is a weapon if assault is committed.

So is your perfectly legal firearm if used unlawfully.

Can you square that with 265.20(a)(3)? A licensed pistol or revolver can't be CPW under that section, even if used unlawfully. Asking because I don't know the answer and don't have time to look.

 

[jimc]

It shows how much NY doesn't want people to be able to defend themselves when even non-lethal devices are not allowed.

 

[Airborneguy]

Can you square that with 265.20(a)(3)? A licensed pistol or revolver can't be CPW under that section, even if used unlawfully. Asking because I don't know the answer and don't have time to look.

I’ve seen it charged a few times. Twice with cops. I have no idea how it is legally done procedurally. Could be a court decision that set precedent.

 

[Airborneguy]

I recently charged someone with CPW for pointing his legal firearm at his wife. I mentioned that here last time this came up.

 

[Marine Cpl]

Criminal use of a firearm would be the appropriate charge.

 

[Onegunnotenough]

So for all general purposes,tasers or Stun guns are legal to purchase,own and carry,if you brandish it or use it inappropriately,you are going to be in a bad place..
Who knows what they will come up with as far as licensing. They are worried about the city premise lic for now I guess..Thais going to be real interesting after Scotus chimes in

 

[Airborneguy]

Criminal possession of a firearm would be the appropriate charge.

Damn. Too bad you don’t work for the Richmond County DA. Everything would be perfect.

 

[Marine Cpl]

Damn. Too bad you don’t work for the Richmond County DA. Everything would be perfect.

Didn’t you tell me that your LT told you that was the appropriate charge when you asked him in another thread?

 

[Airborneguy]

Damn, all joking aside, I can’t believe I never showed this forum’s legal expertise to my Brooklyn DA buddy. He’d probably have to be hospitalized from laughing though.

 

[Marine Cpl]

Damn, all joking aside, I can’t believe I never showed this forum’s legal expertise to my Brooklyn DA buddy. He’d probably have to be hospitalized from laughing though.

Do you want me to directly quote you from the thread you said it on?

 

[FrankenCub]

So concealed or open carry?

 

[Airborneguy]

Cpw is cpw. That’s how we talk. I wasn’t trying to be specific to the subsection.

My point is that our legal firearms become illegal firearms if we commit crimes with them.