BILL NUMBER: S4922
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. Sets the 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 themselves from their
would-be attackers and escape from the situation could be life-saving.
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.
 
LEGISLATIVE HISTORY:
2024; Held in Senate Codes Committee.
 
FISCAL IMPLICATIONS:
Yet to be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.

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