Are Byrna and Other Less-Lethal Weapons Legal in New York?
In recent years, products like the Byrna launcher—a CO₂-powered less-lethal device that fires kinetic or chemical projectiles—have become increasingly popular among people looking for self-defense alternatives. But the legality of these devices in New York State is not straightforward. While state law treats them differently than firearms, local restrictions, especially in New York City, make the picture much more complicated.
In this article, we break down where Byrna and similar devices stand under New York and federal law, and how recent court decisions may affect their future legality. If you’d like to hear me discuss this issue directly, you can watch my short explainer video here:
👉 Watch the video
Byrna Launchers Under New York State Law
Under New York State Penal Law, Byrna devices and other pellet-firing or CO₂-powered guns are not considered firearms. Firearms under state law are specifically defined as weapons that expel a projectile by the action of an explosive. Because Byrna devices use compressed gas rather than gunpowder, they are exempt from the state’s firearm definition.
This means that outside of certain restricted areas, possession of a Byrna is generally legal in New York State.
The New York City Ban
The situation changes dramatically once you enter New York City. The city’s Administrative Code bans the possession of pellet guns, air guns, and similar devices powered by compressed air or spring action. This prohibition includes Byrna launchers.
So, while someone in upstate New York may lawfully possess a Byrna, an individual in Manhattan, Brooklyn, or the Bronx risks arrest if caught with one. This citywide ban exists even though state law does not classify these devices as firearms.
How New Jersey and Other States Compare
Interestingly, just across the river in New Jersey, Byrna devices and other air guns are treated as firearms. This means that possession without the appropriate permits is unlawful.
This reflects a broader issue: less-lethal weapons often fall into legal gray areas where the rules vary widely from state to state—or even between different cities within the same state.
Stun Guns, the Supreme Court, and the Second Amendment
The legal fight over less-lethal weapons in New York also echoes the battle over stun guns and Tasers. In Caetano v. Massachusetts, 577 U.S. 411 (2016), the U.S. Supreme Court struck down Massachusetts’ ban on stun guns, holding that the Second Amendment protects all bearable arms, not just traditional firearms.
Following Caetano, the Northern District of New York decided Avitabile v. Beach, 368 F. Supp. 3d 404 (N.D.N.Y. 2019), where the court ruled that New York’s ban on stun guns was unconstitutional. That case recognized that a total prohibition on a class of bearable arms—like stun guns—conflicts with the Second Amendment.
However, the decision in Avitabile is only binding in the federal courts of upstate New York. Courts and judges in New York City are not bound to follow it, and in practice, people have still been arrested and prosecuted for stun gun possession in the city.
What This Means for Byrna Owners
The logic of Caetano and Avitabile strongly suggests that a complete ban on Byrna devices would not withstand constitutional scrutiny. After all, if New York allows residents to obtain licenses for pistols—deadly firearms—it is difficult to justify an outright ban on less-lethal alternatives like Byrna.
That being said, challenging such a ban in court is expensive and uncertain. Until a clear appellate decision or legislative change resolves the issue, individuals in New York City who possess a Byrna risk arrest and prosecution, even though the law may ultimately be unconstitutional.
Related Legal Developments in New York
The debate over Byrna devices cannot be separated from the broader evolution of gun laws in New York. For example, in the wake of the U.S. Supreme Court’s Bruen decision, New York enacted sweeping new restrictions through the Concealed Carry Improvement Act (CCIA). You can read more about those changes in our detailed post:
👉 The Impact of the Bruen Decision on New York State Gun Laws
We also recently covered 10 new gun laws every New York gun owner needs to know, including expanded red flag laws, licensing for semi-automatic rifles, and microstamping requirements. You can find that article here:
👉 10 New Gun Laws Every New York Gun Owner Needs to Know
Conclusion
Byrna and similar less-lethal devices occupy a murky legal space in New York. They are legal under state law, but banned under New York City’s administrative code. While Supreme Court precedent suggests such bans are unconstitutional, enforcement still occurs, leaving citizens caught between evolving constitutional law and local ordinances.
Anyone considering carrying a Byrna or other less-lethal weapon in New York should carefully consider where they live, the risks of local enforcement, and the potential costs of defending themselves in court. Until the courts or lawmakers bring clarity, the legality of Byrna in New York City remains unsettled.