New York State Pepper Spray Laws & NY Legal Self Defense Products

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Video Explanation of NY State Laws
Length: 90 seconds

In Plain English:
New York state laws for pepper spray & self defense products

The Basics:

  • Pepper spray is LEGAL to use and carry for self defense within NY state.
  • Pepper spray formulated for human attackers, although legal for self defense, are not allowed to ship to a NY address (many surrounding states do allow shipment).
  • Animal pepper sprays for dogs and bears CAN be legally shipped/carried/used.
  • Personal alarms are a "legal to ship" alternative to human formula pepper spray
  • According to the official law, canister should be pocket sized.
  • User must be a minimum of 18 years old.
  • Users cannot have any felonies or assaults on record.

Detailed Explanation:

New York is a bustling metropolis for business, entertainment and tourism that attracts people from all walks of life. Its major cities such as Manhattan and Long Island bring them together for work and play. Anytime a large number of individuals are gathered in a city environment, it also attracts criminals, thieves, and people who would harm others for their own personal gain, so it is essential to be prepared to protect yourself.

It is legal to carry defense sprays in NY, but pepper spray can not legally be mailed to any city or county in New York. Most other parts of the country do allow for these products to be shipped in, so people who live in nearby states may legally have pepper spray delivered by mail.

The only type of self defense spray that can be mailed into New York is animal pepper spray, which is used to ward off an attack from a vicious beast. Animal spray is a powerful weapon that contains Oleoresin Capsicum (OC) to temporarily stop even the largest wild attacker. These sprays are intended to temporarily stun an animal and give you the opportunity to escape, and may only be lawfully used for personal protection purposes. Although New York is most often thought of as an urban area where attack dogs may be the only animal threat, there are also plentiful rural zones where a dangerous encounter with wildlife may occur.

There are regulations about how much mace or pepper spray (intended for humans) a New York resident may purchase and carry. It is only legal to buy a can of safety spray that is small enough to fit inside a standard pocket. State law about purchasing pepper spray in New York declares that each person may only purchase two canisters during any transaction.

Pepper spray may only be used to defend yourself against an attacker. Each canister must have a label that declares it is for self defense purposes only. Any other use of a personal spray is illegal and punishable by law. People living in or visiting cities such as Queens, Brooklyn, the Bronx or any other NY city may wonder where to buy a defense spray for their own protection. Only a fully licensed firearms dealer or pharmacist is permitted to sell pepper spray in the Empire state, and before a purchase can be finalized the buyer must sign a form that affirms they are 18 years or older and have no felony convictions.

 

The Law | What the official New York state law says

"FROM New York State Penal Law Exemption of Weapons Law §265. Sale of "self-defense spray device" Section §265.20

14.Possession in accordance with the provisions of this paragraph of a self-defense spray device as defined herein for the protection of a person or property and use of such self-defense spray device under circumstances which would justify the use of physical force pursuant to article thirty-five of this chapter.

(a) As used in this section "self-defense spray device" shall mean a pocket sized spray device which contains and releases a chemical or organic substance which is intended to produce temporary physical discomfort or disability through being vaporized or otherwise dispensed in the air or any like device containing pepper or similar disabling agent.

(b) The exemption under this paragraph shall not apply to a person who:
(i) is less than eighteen years of age; or
(ii) has been previously convicted in this state of a felony or any assault; or
(iii) has been convicted of a crime outside the state of New York which if committed in New York would constitute a felony or any assault crime."