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S04284 Summary:

BILL NOS04284
 
SAME ASSAME AS A03236
 
SPONSORHOYLMAN
 
COSPNSRBIAGGI, KRUEGER, STAVISKY
 
MLTSPNSR
 
Amd §§265.20 & 195.08, Pen L
 
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.
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S04284 Actions:

BILL NOS04284
 
02/03/2021REFERRED TO CODES
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S04284 Memo:

Memo not available
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S04284 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4284
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    February 3, 2021
                                       ___________
 
        Introduced by Sens. HOYLMAN, BIAGGI, KRUEGER, STAVISKY -- 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:
 
     1    Section 1. Subdivision a of section 265.20 of the penal law is amended
     2  by adding two new paragraphs 17 and 18 to read as follows:
     3    17. Possession in accordance with the provisions of this paragraph  of
     4  an  electronic  dart  gun  or an electronic stun gun, as those terms are
     5  defined in section 265.00 of this  article,  for  the  protection  of  a
     6  person  or  property  on real estate that such person owns or leases, or
     7  where such person resides, or within the confines of a  business  estab-
     8  lishment  that  such  person  owns or leases, and use of such electronic
     9  dart gun or electronic stun gun under circumstances which would  justify
    10  the  use of physical force pursuant to article thirty-five of this chap-
    11  ter.
    12    (a) The exemption provided for under this paragraph shall not apply to
    13  a person who: (i) is less than eighteen years  of  age;  (ii)  has  been
    14  previously  convicted in this state of a felony or any assault; or (iii)
    15  has been convicted of a crime outside the state of  New  York  which  if
    16  committed in New York would constitute a felony or any assault crime.
    17    (b)  The department of health, with the cooperation of the division of
    18  criminal justice services and the superintendent of state police,  shall
    19  develop standards and promulgate regulations regarding the type of elec-
    20  tronic  dart gun or electronic stun gun which may lawfully be purchased,
    21  possessed and used pursuant to this paragraph.   Such regulations  shall
    22  include  a  maximum  allowable  delivered charge for such devices, and a
    23  requirement that every electronic dart gun or electronic stun gun  which
    24  may  be lawfully purchased, possessed or used pursuant to this paragraph
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02578-01-1

        S. 4284                             2
 
     1  have a label which states: "WARNING: the use  of  this  device  for  any
     2  purpose  other  than  self-defense  is a criminal offense under the law.
     3  This device shall not be sold by another person, other than  a  licensed
     4  or  authorized dealer. Possession of this device by any person under the
     5  age of eighteen or by anyone who has  been  convicted  of  a  felony  or
     6  assault is illegal. Violators may be prosecuted under the law."
     7    18.  Possession  and sale of an electronic dart gun or electronic stun
     8  gun as defined in section  265.00  of  this  article,  by  a  dealer  in
     9  firearms  licensed pursuant to section 400.00 of this chapter, or by any
    10  other vendor as may be authorized and approved by the superintendent  of
    11  state police.
    12    (a) Every electronic dart gun or electronic stun gun shall be accompa-
    13  nied by an insert or inserts which include directions for use, first aid
    14  information, safety and storage information and which shall also contain
    15  a  toll  free telephone number for the purpose of allowing any purchaser
    16  to call and receive additional information regarding the availability of
    17  local courses in self-defense training and safety in the use of an elec-
    18  tronic dart gun or electronic stun gun.
    19    (b) Before delivering an electronic dart gun or electronic stun gun to
    20  any person, the licensed or authorized dealer shall require proof of age
    21  and a sworn statement on a form approved by the superintendent of  state
    22  police  that such person has not been convicted of a felony or any crime
    23  involving an assault. Such forms shall be forwarded to the  division  of
    24  state  police  at  such  intervals  as directed by the superintendent of
    25  state police. Absent any such direction the forms shall be maintained on
    26  the premises of the vendor and shall be open at all reasonable hours for
    27  inspection by any peace officer or police officer,  acting  pursuant  to
    28  his  or her special duties. No more than two of any combination of elec-
    29  tronic dart guns or electronic stun guns may be sold at any one time  to
    30  a single purchaser.
    31    §  2.  Section 195.08 of the penal law, as added by chapter 354 of the
    32  laws of 1996, is amended to read as follows:
    33  § 195.08 Obstructing governmental administration by means of a  self-de-
    34             fense  spray  device, electronic dart gun, or electronic stun
    35             gun.
    36    A person is guilty of obstructing governmental administration by means
    37  of a self-defense spray device, electronic dart gun, or electronic  stun
    38  gun  when,  with the intent to prevent a police officer or peace officer
    39  from performing a lawful duty, he causes temporary  physical  impairment
    40  to  a  police  officer  or  peace officer by intentionally discharging a
    41  self-defense spray device, as defined in paragraph fourteen of  subdivi-
    42  sion  a  of section 265.20 of this chapter, or an electronic dart gun or
    43  electronic stun gun, as defined  in  section  265.00  of  this  chapter,
    44  thereby causing such temporary physical impairment.
    45    Obstructing  governmental  administration  by  means of a self-defense
    46  spray device, electronic dart gun, or electronic stun gun is a  class  D
    47  felony.
    48    § 3. This act shall take effect immediately.
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