Relates to the sale and possession of self-defense spray devices in the state; removes the requirement that only authorized dealers and pharmacists could sell such devices; permits shipping of such devices within the state; repeals certain provisions of law relating thereto.
STATE OF NEW YORK
________________________________________________________________________
8140
2023-2024 Regular Sessions
IN ASSEMBLY
October 13, 2023
___________
Introduced by M. of A. EACHUS -- 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.
LBD13270-01-3
A. 8140 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 his or her special duties. No more than two
31 self-defense spray devices may be sold at any one time to a single
32 purchaser.
33 § 2. Subdivision 15 of section 265.20 of the penal law is REPEALED.
34 § 3. This act shall take effect immediately.
