Are Tasers & Stun Guns Legal in New York? (2026)
Partially — Tasers & Stun Guns are legal with restrictions in New York as of 2026.
Law changed in 2019: A 2019 federal court ruling, Avitabile v. Beach, found the state-wide ban on stun guns to be unconstitutional. However, this has not been fully codified into state law, and local restrictions may still apply.
Quick Answer
Tasers and stun guns are legal in New York with restrictions such as permits, background checks, or age requirements. A 2019 federal court ruling, Avitabile v.
- Age restriction: 18-21 depending on jurisdiction
What the Law Says
While a 2019 federal court ruling found New York's ban on stun guns unconstitutional, N.Y. Penal Law § 265.01 remains on the books. The legal landscape is in flux, and local restrictions, such as in NYC, are still enforced.
— N.Y. Penal Law § 265.01
| Category | Details |
|---|---|
| Ownership | Legal with permit or restrictions |
| Purchase | Legal through licensed dealers |
| Penalties | Violations may result in misdemeanor charges. |
| Age Restriction | 18-21 depending on jurisdiction |
| Pending Legislation | None known |
A 2019 federal court ruling, Avitabile v. Beach, found the state-wide ban on stun guns to be unconstitutional. However, this has not been fully codified into state law, and local restrictions may still apply.
Enforcement Reality
While a 2019 court ruling found the state's ban on stun guns unconstitutional, the legal landscape remains complex. New York City, for example, still has a ban in place. Enforcement varies by jurisdiction.
A common mistake is possessing a stun gun in New York City, where they are still illegal. Another is not understanding the duty to retreat before using force in self-defense.
Local Exceptions
None identified. State law applies uniformly across New York. Local ordinances may still vary — check with your city or county government for any additional rules.
Bottom Line
Tasers & Stun Guns are legal with restrictions in New York. This product is permitted, but specific conditions apply. Violating those conditions can result in fines or criminal charges. Read the rules carefully and consult an attorney if unsure.
New York vs. the Rest of the US
Across the US, carrying a taser or stun gun is fully legal in 1 states, restricted in 47, and illegal in 2. New York falls in the RESTRICTED category.
View the full 50-state map →Body Armor Laws Guide
This topic is closely related to body armor and self-defense laws.
Reviewed by cross-referencing the cited state statute against current legislative databases and regulatory publications.
Sources & Verification
This page was reviewed by Ethan Harper by comparing the legal status against the cited state statute. AllowedHere is an informational resource and does not provide legal advice. Consult a licensed attorney for guidance specific to your situation.
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