STATE OF NEW YORK ________________________________________________________________________ 1838 2025-2026 Regular Sessions IN ASSEMBLY January 14, 2025 ___________ Introduced by M. of A. EACHUS, ROZIC -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to the sale and possession of self-defense spray devices; and to repeal certain provisions of such law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph 14 of subdivision a of section 265.20 of the 2 penal law, as added by chapter 354 of the laws of 1996, is amended to 3 read as follows: 4 14. Possession in accordance with the provisions of this paragraph of 5 a self-defense spray device as defined herein for the protection of a 6 person or property and use of such self-defense spray device under 7 circumstances which would justify the use of physical force pursuant to 8 article thirty-five of this chapter. 9 (a) As used in this section "self-defense spray device" shall mean a 10 pocket sized spray device which contains and releases a chemical or 11 organic substance which is intended to produce temporary physical 12 discomfort or disability through being vaporized or otherwise dispensed 13 in the air or any like device containing tear gas, pepper or similar 14 disabling agent. 15 (b) The exemption under this paragraph shall not apply to a person 16 who: 17 (i) is less than eighteen years of age; or 18 (ii) has been previously convicted in this state of a felony or any 19 assault; or 20 (iii) has been convicted of a crime outside the state of New York 21 which if committed in New York would constitute a felony or any assault 22 crime. 23 (c) The department of health, with the cooperation of the division of 24 criminal justice services and the superintendent of state police, shall EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03414-01-5
A. 1838 2 1 develop standards and promulgate regulations regarding the type of self- 2 defense spray device which may lawfully be purchased, possessed and used 3 pursuant to this paragraph. The regulations shall permit the shipping 4 and sale of such self-defense spray devices within the state in accord- 5 ance with this subdivision. The regulations shall include a requirement 6 that every self-defense spray device which may be lawfully purchased, 7 possessed or used pursuant to this paragraph have a label which states: 8 "WARNING: The use of this substance or device for any purpose other than 9 self-defense is a criminal offense under the law. The contents are 10 dangerous - use with care. [This device shall not be sold by anyone 11 other than a licensed or authorized dealer.] Possession of this device 12 by any person under the age of eighteen or by anyone who has been 13 convicted of a felony or assault is illegal. Violators may be prosecuted 14 under the law." 15 (d) Every self-defense spray device shall be accompanied by an insert 16 or inserts which include directions for use, first aid information, 17 safety and storage information and which shall also contain a toll-free 18 telephone number for the purpose of allowing any purchaser to call and 19 receive additional information regarding the availability of local 20 courses in self-defense training and safety in the use of a self-defense 21 spray device. 22 (e) Before delivering a self-defense spray device to any person, the 23 seller shall require proof of age and a sworn statement on a form 24 approved by the superintendent of state police that such person has not 25 been convicted of a felony or any crime involving an assault. Such forms 26 shall be forwarded to the division of state police at such intervals as 27 directed by the superintendent of state police. Absent any such direc- 28 tion the forms shall be maintained by the vendor and shall be available 29 at all reasonable hours for inspection by any peace officer or police 30 officer, acting pursuant to such officer's special duties. No more than 31 two self-defense spray devices may be sold at any one time to a single 32 purchaser. 33 § 2. Paragraph 15 of subdivision a of section 265.20 of the penal law 34 is REPEALED. 35 § 3. This act shall take effect immediately.