Is pepper spray legal in New York?
Answer
The laws and regulations governing the personal use of pepper spray can be found under the term sprays and spraying in Lexis' Consolidated Laws Service index and self-defense and noxious materials and substances in Westlaw's New York Statutes Index. Penal Law 265.20 (a) (14), (15) Exemptions [Firearms and Other Dangerous Weapons] should be read with Penal Law 270.05 Unlawfully Possessing or Selling Noxious Material. The New York State Dept of Health approves what materials can lawfully be sold in 10 NYCRR Part 54. The New York State Dept of Police regulates the sale of self-defense spray in 9 NYCRR Part 474.
Different regulations govern the use of force by police and prison guards.
Bear spray is regulated by these code sections, also.