Are Stun Guns and Tasers Legal in NY – here’s the answer!

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We are often asked if stun guns or tasers are legal in the state of New York.

The answer is YES!  On March 22/2019, a federal judge struck down the state’s ban on stun guns and tasers as unconstitutional and issued an injunction against enforcement of the previous ban. Scroll to the bottom of this post for links to the ruling .

Here are some examples of the stun guns and tasers ship to the state of New York:


  • stun batons – many look like flashlights

ST STUNBAT bsm baton b a 1 1Badass3Shorty Flashlight Stun Gun

  • TASER brand products and accessories

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The ruling is available here, but the “meat and potatoes of the ruling are in the last two paragraphs:

Therefore, it is ORDERED that

1. Plaintiff’s motion for summary judgment is GRANTED;

2. Defendant’s cross-motion for summary judgment is DENIED;

3. New York Penal Law § 265.01(1), as applied to “electronic dart guns” and “electronic stun guns,” is an unconstitutional restriction on the right to bear arms; and

4. Defendant, his officers, agents, servants, employees, and all persons in active concert or participation with the New York State Police are hereby ENJOINED from enforcing New York Penal Law § 265.01(1) as applied to “electronic dart guns” and “electronic stun guns.”

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