Is pepper spray legal in New York?
Answer
Pepper spray (self-defense spray) can be sold in New York as long as it meets the requirements outlined in 10 NYCRR Part 54 (defines the active ingredient and maximum size by volume of the spray, mandates a safety device on the container and tamper proof packaging, and prohibits the spray being disguised as something else) and 9 NYCRR Part 474 (defines where pepper spray can be sold and requires the buyer to fill out a form upon purchase, which the seller must retain for 5 years). However, there are many statutes that define when using pepper spray is punishable by law, including:
- Unlawfully possessing or selling noxious material: Penal Law, section 270.05
- Exemptions for possession: Penal Law, section 265.20
- Justification, use of criminal force: Penal Law, section 35.10
- Obstructing governmental administration by means of a self-defense spray device: Penal Law, section 195.08
- Crimes and offenses, obstructing firefighting operations: Penal Law, section 195.15
- Inhalation of certain toxic vapors or fumes, and certain hazardous inhalants: Public Health Law, section 338
These sections of code also regulate the use of bear spray.
Different regulations govern the use of force by police and prison guards.