Tasers and stun guns are not legal to possess in New York City under current law, even though a federal court struck down New York’s statewide ban in 2019. Both New York State Penal Law and a separate New York City ordinance still make possession a misdemeanor, and the legislature has not amended either statute to match the court ruling. If you are asking whether tasers are legal in NYC, the honest answer is that you have a strong constitutional argument but can still be arrested, charged, and forced to defend yourself in court.
What the Statutes Still Say
New York Penal Law § 265.01(1) groups “electronic dart gun” and “electronic stun gun” with firearms, switchblades, 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 New York Penal Law 265.01 – Criminal Possession of a Weapon in the Fourth Degree That language has never been repealed or amended.
New York City layers its own prohibition on top. NYC Administrative Code § 10-135 makes it unlawful to sell, offer for sale, or possess an electronic stun gun anywhere in the five boroughs, also as a Class A misdemeanor. The only carve-outs are for police acting under department procedures and for manufacturers or merchants shipping devices through the city to somewhere outside it.2NYC Administrative Code. NYC Administrative Code 10-135 – Prohibition on Sale and Possession of Electronic Stun Guns
The city code is a separate obstacle from the state statute. A prosecutor could decline to charge under state law and still charge under § 10-135, or the reverse. For anyone in NYC specifically, this local ban is the trap most people don’t know exists.
The Federal Ruling That Didn’t End the Ban
In 2019, United States District Judge David N. Hurd ruled in Avitabile v. Beach that New York’s blanket ban on civilian stun gun possession violated the Second Amendment. The court concluded that stun guns and tasers qualify as “bearable arms” protected by the right to keep and bear arms.3vLex. Avitabile v Beach
In theory, that ruling resolves the question. In practice, it hasn’t. The New York State Legislature never responded by amending § 265.01 or passing a regulatory scheme to replace the ban. Some state courts have taken the position that a federal district court ruling does not automatically bind them, meaning a defendant arrested under the statute would need to raise Avitabile as a defense and persuade the judge to apply it. And Avitabile addressed the state statute, not NYC’s § 10-135. Whether the city code would fall on the same Second Amendment grounds is unresolved.
What Happens If You Get Caught Carrying One
If an officer in New York City finds a stun gun on you, you can be arrested under either the state statute or the city code. Both are Class A misdemeanors, and 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
You would then raise the constitutional defense. That argument has real force after Avitabile, and no one has been convicted of simple stun gun possession under circumstances where they raised a credible Second Amendment defense since the ruling came down. But the arrest, the booking, the court appearances, and the attorney’s fees are all real costs that the constitutional argument does not erase. This is what people mean when they call stun gun possession “technically legal” in New York. The protection exists; the statutory text has not caught up.
Using a Stun Gun in Self-Defense
If you do carry one and use it on someone, New York’s justification laws decide whether the use was lawful. Under Penal Law § 35.15, you may use physical force when you reasonably believe it is necessary to defend yourself or another person from the imminent use of unlawful physical force, and the force you use must be proportional to the threat.5New 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 intending to cause injury, if you were the initial aggressor and did not clearly withdraw, or if the fight was mutual combat. Your belief in imminent danger has to be reasonable both from your own perspective and from the perspective of an ordinary person in your situation.
New York’s duty to retreat applies to deadly physical force, not ordinary physical force. Stun guns are generally treated as non-lethal, so the retreat rule usually will not apply to a stun gun deployment. If a particular use against a vulnerable person were found to amount to deadly force, the retreat obligation could come into play.
When the Charge Jumps From Misdemeanor to Felony
Using a stun gun aggressively against another person is a different legal problem from carrying one. Penal Law § 10.00(13) defines a “dangerous instrument” as anything that, under the circumstances of its use, is readily capable of causing death or serious physical injury. A stun gun used offensively would almost certainly qualify, which means an assault committed with one can be charged as assault in the second degree, a Class D felony, rather than misdemeanor assault.
Would Legalization Fix This?
New York Senate Bill S2421 was introduced to close the gap between Avitabile and the statute by formally legalizing stun guns and tasers for self-defense. The bill would create an exemption in Penal Law § 265.20 with conditions: a minimum age of 18, disqualification for anyone previously convicted of a felony or any assault offense, purchases only through firearms dealers licensed under Penal Law § 400.00 or vendors approved by the Superintendent of State Police, a sworn statement of eligibility, a two-device purchase limit, and use restricted to situations that would justify physical force under Article 35.6New York State Senate. NY State Senate Bill 2023-S2421
As of early 2026, S2421 remains in committee. Those are proposed rules, not current law. There is no formal legal process for buying a stun gun in New York right now because the statute still says you cannot possess one.
Where You Can and Cannot Carry One
Even in states where stun guns are plainly legal, specific locations restrict them. New York’s Concealed Carry Improvement Act created a list of “sensitive locations,” but the enforcing statute, Penal Law § 265.01-e, applies to firearms, rifles, and shotguns rather than electronic stun guns.7New York State Senate. New York Penal Law 265.01-e – Criminal Possession of a Firearm, Rifle or Shotgun in a Sensitive Location Federal buildings and airports have their own security rules that bar weapons broadly, and private property owners, transit systems, and institutions can set their own policies.
Flying With a Stun Gun
The TSA prohibits stun guns and tasers in carry-on bags but allows them in checked luggage if the device is packed in a way that prevents accidental discharge.8Transportation Security Administration. Stun Guns/Shocking Devices Many stun guns use lithium batteries, so FAA battery rules also apply, and individual airlines may add their own restrictions. The law at your destination may differ substantially from New York’s, so what you can legally carry on the ground once you land is a separate question from what the TSA allows in your bag.