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Thread: Pepper Spray....Legal in NY?

  1. #26
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    Ive ordered off walmart website had ship to store for my baby's momma. no questions asked no id..
    Last edited by NassauRidgeRunner; 04-25-2015 at 08:16 AM.

  2. #27
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    Quote Originally Posted by cdisalvo17 View Post
    As an O.C. Instructor I can tell you that outside NYC there is NO active ingredient limitations. You can carry what L.E. carries as long as it is a "pocket sized canister."
    It has to be sold to you through an authorized dealer.
    Information provided from the NYSP to NYS licensed dealers says the maximum legal weight of a canister is 3/4 oz. and the maximum strength is 0.7% total capaicinoids. Mace Peppergard personal pepper spray legally fits the bill for NY residents...

  3. #28
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    Quote Originally Posted by Heuy View Post
    Information provided from the NYSP to NYS licensed dealers says the maximum legal weight of a canister is 3/4 oz. and the maximum strength is 0.7% total capaicinoids. Mace Peppergard personal pepper spray legally fits the bill for NY residents...
    NYS law does NOT limit the percentage of active ingredient, just the size of the container. What the NYSP "advises" dealers is NOT what the law states.

    See NYS Penal Law Section 265.20 (14) or read below:

    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 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 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." 15. Possession and sale of a self-defense spray device as defined in paragraph fourteen of this subdivision by a dealer in firearms licensed pursuant to section 400.00 of this chapter, a pharmacist licensed pursuant to article one hundred thirty-seven of the education law or by such other vendor as may be authorized and approved by the superintendent of state police. (a) 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. (b) Before delivering a self-defense spray device to any person, the licensed or authorized dealer 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 direction the forms shall be maintained on the premises of the vendor and shall be open at all reasonable hours for inspection by any peace officer or police officer, acting pursuant to his or her special duties. No more than two self-defense spray devices may be sold at any one time to a single purchaser. -
    Last edited by cdisalvo17; 04-25-2015 at 07:43 PM.

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  5. #29
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    Any recommendations on a brand or type? My daughter asked me about this and I had no clue. BTW she lives in CT so she may be able to buy some better "stuff" than we can in NY.
    Last edited by togmaster; 08-13-2016 at 02:14 PM.
    That's all folks

  6. #30
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    Stop the order and go pick some up from Gander Mountain or Cabelas or some other store that has it in stock locally.
    Last edited by SomeSoldier; 08-12-2016 at 04:18 PM.
    Disclosure: I am not a lawyer, nor do I play one on TV, nor did I sleep at a Holiday Inn last night.

    "If a law is unjust, a man is not only right to disobey it, he is obligated to do so." - Thomas Jefferson

  7. #31
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    Quote Originally Posted by cdisalvo17 View Post
    NYS law does NOT limit the percentage of active ingredient, just the size of the container. What the NYSP "advises" dealers is NOT what the law states.

    See NYS Penal Law Section 265.20 (14) or read below:...............................


    c) The department of health, with the cooperation of the division of criminal justice services and the superintendent of state police, shall 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.

    https://regs.health.ny.gov/content/s...3-requirements
    Last edited by tammers; 12-17-2017 at 01:15 PM.

  8. #32
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    I also bought pink there for my daughter

  9. #33
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    Keep these next to the bed. More volume, longer range, and no restrictions to worry about. Once you blind them, choot em!

    The pistol thingy snaps on the can. I epoxied mine on so it won't flop around in a panic. Practice a little bit first.
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    >>>>>----The Warrior replies," I AM the storm"---------->

  10. #34
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    OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
    TITLE 10. DEPARTMENT OF HEALTH
    CHAPTER II. ADMINISTRATIVE RULES AND REGULATIONS
    SUBCHAPTER D. LABORATORIES

    PART 54. REQUIREMENTS FOR SELF-DEFENSE SPRAY DEVICES
    Text is current through May 31, 2008.

    Section 54.3 Requirements.

    Every self-defense spray device which is purchased, possessed or used in New York State shall satisfy all of the following requirements:
    (a) Every self-defense spray device shall contain oleoresin capsicum, and no other substance, as the active ingredient.
    (b) The contents of every self-defense spray device shall not contain more than 0.7 percent by weight total capsaicinoids.
    (c) The net weight of every self-defense spray device shall not exceed 0.75 ounce.
    (d) Every self-defense spray device shall have a safety device.
    (e) Every self-defense spray device shall be sold in a sealed, tamper-proof package.
    (f) Every self-defense spray device shall not be camouflaged.
    (g) 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.
    (h) Every self-defense spray device shall bear the following label: "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 a person under the age of 18 or by anyone who has been convicted of a felony or assault is illegal. Violators may be prosecuted under the law.'' This label shall appear on the self-defense spray device if the self-defense spray device does not bear the labels required by the California Penal Code pursuant to section 12403.7(a)(5)(B) and by the United States Consumer Product Safety Commission pursuant to 16 Code of Federal Regulationssection 1500. This label shall appear on self-defense spray device packaging materials or the self-defense spray device if the self- defense spray device bears the labels required by California Penal Code pursuant to section 12403.7(a)(5)(B) and by the United States Consumer Product Safety Commission pursuant to 16 Code of Federal Regulations section 1500.



    10 NYCRR 54.2

    N.Y. Comp. Codes R. & Regs. tit. 10, 54.2


    OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
    TITLE 10. DEPARTMENT OF HEALTH
    CHAPTER II. ADMINISTRATIVE RULES AND REGULATIONS
    SUBCHAPTER D. LABORATORIES

    PART 54. REQUIREMENTS FOR SELF-DEFENSE SPRAY DEVICES
    Text is current through May 31, 2008.

    Section 54.2 Definitions.

    (a) Camouflaged means designed to have the appearance of an object other than a self-defense spray device.
    (b) Net weight means the weight of the contents of a self-defense spray device.
    (c) Oleoresin capsicum means the oleoresin extracted from fruits or plants of the genus Capsicum. The oleoresin contains the active ingredient capsaicin and related compounds classified as capsaicinoids.
    (d) Safety device means a self-defense spray device feature that is designed to prevent unintentional discharges.
    (e) Self-defense spray device means 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.

  11. #35
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    Here 'ya go. If you spray someone and your not 100 legit, you need a lawyer. Kid in a store got into a brawl. Pulled out pepper spray and sprayed the other guy. State Police locked him up. Keep your receipt from where you purchased it. If in doubt keep your mouth shut let your lawyer talk for you. You have the right to remain silent use it. Simply say " I was defending myself and at this point I'd like to get legal advice." Period. Can't tell you how many people I've talked to who talked themselves into jail.

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