BILL NUMBER: S4922A
SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:
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
 
PURPOSE OR GENERAL IDEA OF BILL:
Relates to the sale and possession of self-defense spray devices in the
state.
 
SUMMARY OF PROVISIONS:
Section 1: Amends the penal law to permit the shipping and sale of self-
defense spray devices within the state.
Section 2. Repeals a portion of the penal law, which specified that the
"possession and sale of a self-defense spray device" could only be
performed by a licensed firearms dealer or a licensed pharmacist who was
authorized and approved by the superintendent of state police.
Section 3. Set an effective date.
 
JUSTIFICATION:
Self-defense spray devices, such as pepper spray, can be a powerful
tool_against attackers. With the threat of violence against women
remaining a_concern, giving people a non-lethal tool to defend them-
selves from their_would-be attackers and escape from the situation could
be lifesaving.
Pepper spray is legal in New York state, but there are numerous
restrictions. Some of those restrictions prohibit shipping certain
sprays within the state and some prohibit anyone other than a very
narrow group of licensed professionals from selling these devices.
These specific restrictions create a barrier that could prevent people
from being able to defend themselves.
 
PRIOR LEGISLATIVE HISTORY:
2023-24; A8140: Referred to Codes
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S4922: 265.20 penal law, 265.20(a) penal law
S4922A: 265.20 penal law, 265.20(a) penal law