Understanding the Legal Landscape of Tasers in New York

Retailers and everyday citizens often ask about the legality of carrying a Taser, particularly in states like New York where concealed carry laws can be stringent. This article explores the current legal status of Tasers in New York, along with a brief overview of the legal distinctions and relevant rulings.

The Role of the Second Amendment and SCOTUS Rulings

The recent Supreme Court of the United States (SCOTUS) ruling on the Second Amendment, specifically concerning New York’s concealed carry laws, provides insight into the broader legal context. While many associate 'arms' with firearms, the term 'arms' can encompass various types of weapons, including Tasers.

A Taser, which stands for 'Thomas A. Swift's Electric Rifle,' is classified as a weapon that fires darts at assailants with high voltage. This classification places Tasers within the broader category of weapons regulated by state and federal law.

Permit Requirements Across Different States

While some states, like California, do not necessitate a permit for carrying Tasers, jurisdictions in many U.S. states mandate a permit. These states include:

Illinois Iowa Massachusetts Michigan Mississippi Puerto Rico Wisconsin

New York's stance on Tasers can be nuanced. Due to the recent federal court ruling in Avitabile vs. Beach (March 2019), which invalidated a state statute banning stun guns, the legal landscape has shifted. However, New York law remains complex and evolving.

Current Legal Status in New York

As of May 2019, the legal status of Tasers in New York is somewhat uncertain. State legislators have introduced bills aimed at detailing ownership and requirements, but these have not yet been enacted. For instance, in March 2019, the New York Senate introduced bill S4849, which never made it out of committee. A similar bill was reintroduced in January 2020 with the same outcome.

Historical Context and Recent Rulings

A significant ruling in March 2019 (Avitabile vs. Beach) found the state's ban on stun guns unconstitutional. The court's decision did not simply strike down the ban but issued an injunction against its enforcement. This means that previous bans on stun guns in the state are no longer applicable, though legal clarity and implementation remain in question.

Furthermore, the New York Senate has proposed legislation to regulate Tasers and other stun guns, but it has not been adopted into law. Consequently, individuals considering purchasing and carrying Tasers in New York should stay informed about any new legislative developments.

General Considerations and Recommendations

It is crucial for anyone considering carrying a Taser in New York to consult with local law enforcement officials, who may have detailed knowledge of current legal standards. Additionally, consulting with an attorney who specializes in firearms law can provide valuable insights and legal protection.

Undoubtedly, the legal landscape for carrying Tasers in New York is evolving. Understanding the current laws, recent rulings, and potential future changes is essential for anyone interested in carrying a Taser for personal protection.

Conclusion

While the legal status of Tasers in New York continues to be clarified, individuals should remain informed about any new developments. This knowledge can help ensure compliance with the law and the safe use of Tasers.