Hello,

I've recently come off two and a half years active duty in the Marine Corps (now on reserve duty) and applied for my NYS pistol permit via Broome County.  I know I won't get an unrestricted permit, and it will have the hunting/fishing/targetshooting and travelling to and from only restriction.  If my memory serves me correctly, these restrictions have been challenged in court as a carrier can be in a perpetual state of travelling to or from target practice as the law does not dictate exactly how you travel to and from the target practice area.

My question is regarding stun guns.  The only information I can find on the web dealing with stun guns in NY is that they are banned outright, no ifs ands or buts.   Does the ability to carry a concealed firearm with a NYS license give the bearer permission to add a stun gun to his list?  Most specifically, I am interested in the contactor-type handlheld units that are alternating current that disrupt the nervous and muscular contraction system of the target by pressing the unit directly to his body.  This past weekend I was assaulted by an intoxicated individual who did not know the background of my training and he is now dealing with a fractured nose and dislocated shoulder.  I feel that had I used a stun device, legally I would be in much better shape as now I have to deal with an assault and battery charge, and he wouldn't have torn ligaments and a broken bone... even though I have a good number of witnesses bearing to it being an act of self defense.

Also, because of the assault and battery charge, if the charges are dismissed in court, does that mean my arrest will also go away?  Does a summons bear the same as an arrest?

Thanks for your help and information.

Eoin

AIMLES IS CORRECT, THE JUDGE THAT ISSUES YOUR CARRY PERMIT IS THE ONE WHO HAS FINAL DECISION, IF YOU CARRY OUTSIDE YOUR PERMIT AND HE/SHE  FINDS OUT ABOUT IT HE/SHE CAN AND IN MOST CASES  WILL PULL YOUR LISCENCE, BUT NO CRIMINAL CHARGES CAN BE APPLIED, AT LEAST THAT IS THE WAY IT WAS EXSPLAINED TO ME.

Quoted: No stun guns can be possessed in NY as far as I know, pistol permit or not.

Forbidden to all but law enforcement.  Includes stun guns and tasers.

So are Ninja throwing stars and billy clubs.

Penal Code article 265

As Aimles and P-A-S stated stun guns are illegal to possess in NYS. There are no exceptions as there sometimes are in other states when you are issued a CCW.

Any restrictions that your licensing officer places on your NYS carry license are administrative in nature. If you are found to be carrying outside of your restrictions and a report is filed with your licensing officer he/she may revoke your license depending on the circumstances.  

If you have been issued an Appearance Ticket/Summons to appear in court you've been arrested and released on the condition that you will appear in court on the return date. If you haven't been fingerprinted yet and they have charged you with a printable offense the judge will order that your prints be taken when you appear in court. I sure hope you plan on appearing with a local criminal defense attorney.

If the charges are dismissed you  need to have the Judge order that the LEA seal all records of the case and retrieve your fingerprint (if you were printed) and arrest information from the FBI.

If you haven’t done so already you need to contact an attorney who can provide you with legal advice. You must also notify your investigating officer where your permit application was filed of your arrest. Once again discuss this with your attorney before doing anything.

New York City and New York State are now issuing SHALL-ISSUE CARRY PERMITS

Quoted: New York City and New York State are now issuing SHALL-ISSUE CARRY PERMITS

your link is to HERTZ rent a car WTF

and no New York State is not a shall issues State.
but wishful thinking

Quoted: Quoted: New York City and New York State are now issuing SHALL-ISSUE CARRY PERMITS your link is to HERTZ rent a car WTF and no New York State is not a shall issues State. but wishful thinking

Just trying to make light of a sore subject to me, I lived in NYC  the most Draconian gun laws and the worst place to find yourself unarmed. The link was to a moving truck company....

Quoted: Also, because of the assault and battery charge, if the charges are dismissed in court, does that mean my arrest will also go away?  Does a summons bear the same as an arrest?

The arrest will always appear on your criminal history, but if the criminal history is up to date, it would show the disposition as being case dismissed or however its worded.

*post contains personal opinion only and should not be considered information given in an official capacity*

Quoted: and no New York State is not a shall issues State. but wishful thinking Just trying to make light of a sore subject to me, I lived in NYC  the most Draconian gun laws and the worst place to find yourself unarmed. The link was to a moving truck company....

CobraAK, I take issue with both of your assertions.  The gun laws are very strict but they are not the most draconian.  For instance, DC has worse laws.  I can't carry pistols but I can own as many as I like, with a bit of red tape.  Further, NYC is not the worst place to find yourself unarmed.   Despite living in Manhattan continuously since 1996, I have not once found the need to be armed or encountered violent crime.  Try that in Miami, Philly, Detroit or any other large city.

I agree I was being sarcastic, but all it takes is to be in the wrong place at the wrong time....

So basically if a resident is attacked, robbed or rapped out of their home they only have their hands to protect themselves? Does anyone carry pepper spray or mace?

Quoted: and no New York State is not a shall issues State. but wishful thinking

The judge has to have a pretty good reason to NOT issue you a  permit if you do not have  a disqualifying arrest.

Looks like I'm in some pretty hot water... I need to move to Texas.

Quoted: So basically if a resident is attacked, robbed or rapped out of their home they only have their hands to protect themselves? Does anyone carry pepper spray or mace?

pepper spray is iffy too. has to be purchased from a licensed dealer in state from my understanding

Pharmacists are authorized to sell NY approved pepper spray too.

Use a squirt gun with ammonia to chase off critters. I don't believe they've banned squirt guns  or ammonia in NY yet.

Quoted: I don't believe they've banned squirt guns  or ammonia in NY yet.

SSSSSHHHHHHHHHHHH !!!!!!!!!!!!!!!!!!

Jeezuz-H-Christ dont give 'em any more bright ideas.