Legal Question in Business Law in New York

legal to sell stun gun online?

Our company is in VA. We sells stun guns and Tasers online. We understand that stun guns and Tasers are prohibited in states like NY, NJ, MA, HI, IL, WI, MI, RI and a few cities. Most state laws indicate that ''No person shall sell or possess electrical weapons''. My question is if a customer places an order online with a billing address from a prohibited area like NY, but he has a shipping address in a non-prohibited area like CA. Is that legal for us to process the order and ship it to CA?


Asked on 4/09/09, 2:42 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: legal to sell stun gun online?

Yes, in my opinion it would be (as long as the item is shipped to an address in a non-prohibited area)--and there is a record to substantiate that.

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Answered on 4/09/09, 4:05 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: legal to sell stun gun online?

I believe that federal regulations require firearms to be sold through licensed gun dealers, and if the regulation governing Tasers is federal, it probably also requires a similar arrangement.

In the case of gun auctions online, a private party will need to make arrangements with a licensed dealer for shipping and resale.

Check with your local gun dealer.

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Answered on 4/10/09, 11:43 am


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