BILL NUMBER: S4922B
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
 
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 taw, 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.
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
The B print removes language requiring that Department of Health regu-
lations allow the devices to be shipped into the state and limits the
number of devices that may be sold at any one time to a single purchas-
er.
 
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 lifesaving.
Pepper spray is legal in New York state, but there are numerous
restrictions. Streamlining the regulations will make it easier for New
Yorkers to obtain these important self-defense devices.
 
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
S4922B: 265.20 penal law, 265.20(a) penal law