Exempts from the use of self-defense sprays minors who are at least sixteen years of age and have been granted an order of protection or have been the victim of a crime, including where a criminal proceeding or investigation is still ongoing.
STATE OF NEW YORK
________________________________________________________________________
9922
IN SENATE
October 2, 2024
___________
Introduced by Sen. HELMING -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the penal law, in relation to exemptions for self-de-
fense spray devices
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (b) of paragraph 14 of subdivision a of
2 section 265.20 of the penal law, as added by chapter 354 of the laws of
3 1996, is amended to read as follows:
4 (b) The exemption under this paragraph shall not apply to a person
5 who:
6 (i) is less than eighteen years of age, unless the minor is at least
7 sixteen years of age and has been granted an order of protection or has
8 been the victim of a crime, including where a criminal proceeding or
9 investigation is still ongoing, but the disposition of such investi-
10 gation shall not preclude such minor from lawfully possessing a self-de-
11 fense spray device; or
12 (ii) has been previously convicted in this state of a felony or any
13 assault; or
14 (iii) has been convicted of a crime outside the state of New York
15 which if committed in New York would constitute a felony or any assault
16 crime.
17 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16070-02-4
