S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1838
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section 1. Paragraph 14 of subdivision a  of  section  265.20  of  the
 penal  law,  as  added by chapter 354 of the laws of 1996, is amended to
 read as follows:
   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 tear  gas,  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.
   (c)  The department of health, with the cooperation of the division of
 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
 
 develop standards and promulgate regulations regarding the type of self-
 defense spray device which may lawfully be purchased, possessed and used
 pursuant  to  this  paragraph. THE REGULATIONS SHALL PERMIT THE SHIPPING
 AND  SALE OF SUCH SELF-DEFENSE SPRAY DEVICES WITHIN THE STATE IN ACCORD-
 ANCE WITH THIS SUBDIVISION. The regulations shall include a  requirement
 that  every  self-defense  spray device which may be lawfully purchased,
 possessed or used pursuant to this paragraph have a label which  states:
 "WARNING: The use of this substance or device for any purpose other than
 self-defense  is  a  criminal  offense  under  the law. The contents are
 dangerous - use with care. [This device shall  not  be  sold  by  anyone
 other  than  a licensed or authorized dealer.] Possession of this device
 by any person under the age of  eighteen  or  by  anyone  who  has  been
 convicted of a felony or assault is illegal. Violators may be prosecuted
 under the law."
   (D)  EVERY SELF-DEFENSE SPRAY DEVICE SHALL BE ACCOMPANIED BY AN INSERT
 OR INSERTS WHICH INCLUDE DIRECTIONS  FOR  USE,  FIRST  AID  INFORMATION,
 SAFETY  AND STORAGE INFORMATION AND WHICH SHALL ALSO CONTAIN A TOLL-FREE
 TELEPHONE NUMBER FOR THE PURPOSE OF ALLOWING ANY PURCHASER TO  CALL  AND
 RECEIVE  ADDITIONAL  INFORMATION  REGARDING  THE  AVAILABILITY  OF LOCAL
 COURSES IN SELF-DEFENSE TRAINING AND SAFETY IN THE USE OF A SELF-DEFENSE
 SPRAY DEVICE.
   (E) BEFORE DELIVERING A SELF-DEFENSE SPRAY DEVICE TO ANY  PERSON,  THE
 SELLER  SHALL  REQUIRE  PROOF  OF  AGE  AND  A SWORN STATEMENT ON A FORM
 APPROVED BY THE SUPERINTENDENT OF STATE POLICE THAT SUCH PERSON HAS  NOT
 BEEN CONVICTED OF A FELONY OR ANY CRIME INVOLVING AN ASSAULT. SUCH FORMS
 SHALL  BE FORWARDED TO THE DIVISION OF STATE POLICE AT SUCH INTERVALS AS
 DIRECTED BY THE SUPERINTENDENT OF STATE POLICE. ABSENT ANY  SUCH  DIREC-
 TION  THE FORMS SHALL BE MAINTAINED BY THE VENDOR AND SHALL BE AVAILABLE
 AT ALL REASONABLE HOURS FOR INSPECTION BY ANY PEACE  OFFICER  OR  POLICE
 OFFICER,  ACTING PURSUANT TO SUCH OFFICER'S SPECIAL DUTIES. NO MORE THAN
 TWO SELF-DEFENSE SPRAY DEVICES MAY BE SOLD AT ANY ONE TIME TO  A  SINGLE
 PURCHASER.
   §  2. Paragraph 15 of subdivision a of section 265.20 of the penal law
 is REPEALED.
   § 3. This act shall take effect immediately.