Senate Bill S4922

2025-2026 Legislative Session

Relates to the sale and possession of self-defense spray devices in the state; repealer

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2025-S4922 (ACTIVE) - Details

See Assembly Version of this Bill:
A1838
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §265.20, rpld §265.20 sub a ¶15, Pen L
Versions Introduced in 2023-2024 Legislative Session:
A8140

2025-S4922 (ACTIVE) - Summary

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.

2025-S4922 (ACTIVE) - Sponsor Memo

2025-S4922 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4922
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 14, 2025
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
   and when printed to be committed 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

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