Before I tackle the details of pepper spray legal issues in the State of New York, let me discuss the different types of pepper sprays. Pepper sprays can be classified according to their use. Required fields are marked *. Know of other places to buy pepper spray in New York? See All the NY Guaranteed Legal Products>>. The item called a monkey fist is considered a deadly weapon in the Empire State and is not allowed to be owned. A canister of pepper spray typically lasts for about 15 to 20 seconds. If you are caught carrying pepper spray on a commercial flight, you will be asked to pay a $25,000 fine. These include: You must be over 18 years old to use pepper spray. By spraying pepper spray in front of you, you can create a wall of Cayenne that will make it difficult for the attacker to approach you. In the state of New York, it is legal to carry pepper spray, but it can only be purchased in a specific place, and its label must contain information regarding its use. Tactical pens are a relatively new alternative to guns. Heres a list of other self-defense tools which are legalin the State of New York. Buy 2 keychain sprays, get 1 FREE practice spray! If you are interested in purchasing pepper spray, be sure to check the expiration date on the canister, and make sure that it is not past its expiration date. We can also classify pepper spray by the type of delivery system installed on the device nozzle. Oleoresin Capsicum is a compound derived from cayenne pepper, hence the name. Their pepper sprays fall under the same classification as the different OC and CS sprays; therefore, Mace pepper sprays are also legal to purchase and own in NYC. Read the code on FindLaw . When you have a reasonable fear for your life or safety, its a good time to use pepper spray. Some brands for instance can spray their contents from 12 feet while others stop at just 6 feet. April 29, 2023. Foam pepper sprays have an effective range of six to eight feet and are mostly intended for indoor use. If youre considering buying a taser for self-defense, be sure to purchase one that is designed for civilian use. It is legal to carry defense sprays in NY, but pepper spray can not legally be mailed to any city or county in New York. Yes, it is. This exemption iterates that no person under these exemptions may carry and possess a pepper spray device. That being said, pocket knives are generally considered to be legal in NYC. Legal with restrictions: Must be non-felon over 18. Mr. Carmignani denies every pepper spraying homeless persons. If you use pepper spray on someone for a reason other than self-defense, there is a chance that you will end up in court. To answer the question Is Mace legal in NYC?, it all falls to the correct choice of their pocket-sized pepper spray products. Once youre confident the attacker is stunned, its important to leave the vicinity immediately, else feel some of the effects of the pepper spray yourself. Self Defenses: New York State Penal Law Section 265 Sale of Self-defense Spray Device. You must be over 18 years old to use pepper spray. Rules vary from state to state and laws often change- dont rely on this site if you need advice about making any kind of decision! They can be used in place of pepper spray or to complement it. It is legal to purchase and carry a pocket sized pepper spray in NYS, as long as you are 18 or older and have no felony or assault convictions. You must not have instigated the confrontation. Have never been convicted of a crime. Those under 18 years of age are not allowed to own or carry pepper spray, and neither are criminals convicted of felonies or assault, even if these convictions took place outside of New York. According to the Court of Appeals, the word any means there can be more than one type of metal knuckles covered by the statute. Tasers are a type of electrical weapon that can be used for self-defense. Disclaimer: This website is a great resource for general information, but it does not substitute legal counsel. Inhaling pepper spray can also be fatal. Its important to know everything there is to know. Youll need to know how to protect yourself and your loved ones from people with bad intentions. Both law enforcement pepper sprays and civilian sprays tend to range from 0.18% to 1.33% Major Capsaicinoids. Its legal to carry pepper spray in all 50 states for self defense. Innovations revolved around having a more humane approach to law enforcement. However, many people are unsure of what they can and cannot do in order to protect themselves from harm. The average duration is between 20 to 90 minutes. If you have a self-defense weapon, use it to defend yourself. It can work effectively even in situations where there is a steady breeze because it has a nozzle that uses a stronger force. All canisters must list a toll-free phone number leading users to self-defense safety and training courses and must state that using the spray in any instance other than self-defense is a criminal offense in New York. You can purchase pepper spray online or from a sporting goods store. The capsaicin also causes the individual's larynx and nerve endings to spasm, making it difficult to speak. Section 265.20 Exemptions of the Penal Law. Anyone caught with pepper spray under these circumstances may face detention, arrest and penalties, including fines. A person using pepper spray should read the canister directions before use some brands will shoot up to 12 feet away, while others will spray over a shorter distance. For example, if someone is simply walking toward you and does not appear to be a threat, you cannot legally use pepper spray against them. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". Similar to all forms of aerosol sprays, the pressure in a can of pepper spray steadily reduces until its gone. The idea for the self-defense tool was brought about after one of his wifes colleagues got robbed in Pittsburgh. That would be the worst time to find out that your canister is defective. You must sign a form confirming your age and absent criminal record before you can buy pepper spray. Is pepper spray legal in NYC? However, there are a few restrictions in place. Laws for Purchase of Air Pistols in New York State, Pepper-Spray-Store: New York State Pepper Spray Laws, Find Law: New York Consolidated Laws Penal Law - Section 265.20 Exemptions. Since September 2001, government agencies, including federal and state establishments, do not allow anyone to carry pepper spray in their buildings. In a city as densely populated as New York City, self-defense is not only a right, but a necessity. Our 100% "You Don't Have to Guess" Guarantee States with legal restrictions (CA, MA, MI, NY, TX, WI), New York State Pepper Spray Laws & NY Legal Self Defense Products. Civilian tasers typically have a lower voltage than law enforcement tasers and only deliver the shock for a brief period of time (usually around 30 seconds). civilian use of pepper spray is regulated by the city and state of New York. Amazon and the Amazon logo are trademarks of Amazon.com, Inc or its affiliates. You cannot use pepper spray on another person if it is not in self-defense, and you can only buy it in specific, authorized places. This tends to happen roughly two years from their manufacture date. It is also important to note that gun laws vary from city to city within New York state. It is possible to carry an open carry while hunting. Why Do Police Touch Your Car When Pulled Over? Those under 18 years of age are not allowed to own or carry pepper spray, and neither are criminals convicted of felonies or assault, even if these convictions took place outside of New York. Your email address will not be published. In the state of New York, it is legal to carry pepper spray, but it can only be purchased in a specific place, and its label must contain information regarding its use. Any other use of a personal spray is illegal and punishable by law. Even the sounds from fireworks have an upper range of around 140 decibels. Press the space key then arrow keys to make a selection. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. First, check the pepper spray canister for directions and go through them slowly. The cookie is used to store the user consent for the cookies in the category "Analytics". Pepper spray is a lachrymatory spray that contains Oleoresin Capsicum. Also, be sure to read the instructions carefully to learn how to use it safely and effectively. Now that weve answered the question, what is pepper spray? lets take a closer look at the NYC laws governing its purchase and use. Pepper spray strength cannot exceed 0.7% major capsaicinoids Pepper sprays and gels can only be sold by licensed firearms dealers and licensed pharmacists The NYPD also allows business owners and employees to carry pepper spray to protect themselves and their property. However, there are certain cases where pepper spray has to remain concealed or is prohibited in various buildings and establishments. Pepper Spray and New York Law | Legal Beagle Is Happy Birthday A Difficult Song To Sing? Pepper Spray - MACE - Midtown Manhattan New York - Esco Pharmacy This device is not only effective against personal attacks but also to scare off burglars or wild animals in the woods. However, it is always best to try to avoid confrontation if possible. Hawaii: Canisters cannot exceed -ounce. Laws & Legality - GuardDogSecurity The more exposure they get to it, the more it will hurt. However, there are some caveats to this general statement. If youre in law enforcement like me, you would probably know about the laws prohibiting the use of certain pepper sprays for self-defense. Mace is a famous brand of products, including pepper sprays, stun guns, animal sprays, and personal sound alarms. If you want to use pepper spray on another person, you have to do it in self-defense. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. If youre in danger, you can use it to temporarily incapacitate the person attacking you, providing you with enough time to escape. For example, commercial airlines do not allow it on planes. In order to use force in self-defense, you must meet the following criteria: 1. In recent years, tactical pens have become a popular alternative to guns for self-defense. In the CBS interview, a visibly injured Mr. Carmignani details the events of April 5. Alaska Pepper Spray Laws Some tactical pens have added functionalities such as bright lights or lasers. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. Anyone with a criminal record is not allowed to use pepper spray. There are a couple of exemptions regarding the use of pepper spray in New York City. Heres a list of stores you can visit to get your pepper spray (organized by borough): Location: 781 Lydig Ave, The Bronx, NY 10462, Location: 40 W 225th St #50, The Bronx, NY 10463, Location: 246 8th Ave Fl 2, Ste A New York, NY 10011, Location: 20 W 20th St Lower-Level New York, NY 10011, Location: 6514 Metropolitan Ave Middle Village, NY 11379, Location: 1909 Cornaga Ave Queens, NY 11691, Location: 73-25 Woodhaven Blvd Glendale, NY 11385, Location: 8801 Queens Blvd, Queens, NY 11373, Location: 7919 New Utrecht Ave Brooklyn, NY 11214, Location: 63 Flatbush Ave Brooklyn, NY 11217, Location: 139 Flatbush Ave, Brooklyn, NY 11217, Location: 10101 Foster Ave Ste 6 Brooklyn, NY 11236, Location: 2505 Richmond Ave, Staten Island, NY 10314, Location: 2873 Richmond Ave, Staten Island, NY 10314, Location: 955 Manor Rd, Staten Island, NY 10314. Below, we will answer some commonly asked questions about self-defense weapons in New York state. The point of self-protectionwould be defeated if you end up doing jail time or seriously injured in the process. However, you must be 18 or older to purchase it. Its possible to own a pistol in New York State, but you have to get a permit in order to own it. Homeless San Francisco Man Who Attacked Ex-Fire Commissioner With If you stay in the vicinity for long, you might start to feel the side effects of the pepper spray (Plus, you should be trying to get away from your attacker). We are incredibly worried about the state of general information available on the internet and strongly believe our mission is to give voice to unsung experts leading their respective fields. Firearms can be very dangerous, so you should only use them as a last resort. 2 1 more reply ReasonableCup604 2 yr. ago For this reason, many self-defense tools are allowed and regulated by the Law. Before buying pepper spray, purchasers have to fill out a form stating that they are of legal age and have a clean record. Its important to know all the facts, though. In New York City, you can only carry pepper spray in a pocket-sized canister, and it is legal to carry pepper spray on your person. However, it is illegal to carry a gun without a license. The spray will release a stream of pepper spray that will disperse the capsaicin into the air. It is illegal to use pepper spray to attack someone or to damage their property. When sprayed in the face of an attacker, it will cause temporary blindness, difficulty breathing, and intense pain. Information sources: Manufacturer and retailer websites. The troubling January crime data comes after murders in New York City rose in 2021 compared to 2020. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. Pepper/OC Spray Laws : r/NYguns - Reddit Its legal to carry defense sprays in NY, but they cant be mailed to any city in the state. For example, knives with blades over four inches in length are not legal. Hold the can in an upright position to spray. Users typically keep it on a key chain or in a purse where they can grab it at a moment's notice. You can only carry a can of pepper spray that is about the size of a standard pocket. The following will outline the New York state laws regarding other self-defence weapons. 17 Fun Things To Do (And See) In NYC When It Rains, Experience A Hot Tub Boat NYC Tour + 6 Top-Rated NYC Boat Tours, The Five Boroughs New York City Area Codes And Map. A license to carry is issued if there is a specific law that prohibits open carry. While it is legal to carry pepper spray in New York, a user must purchase it from a specific place in the state, and the label must have detailed information about its use. To purchase pepper spray, you will need to sign a form that is provided to the authorities. As the spray forces their eyes to shut, the affected person will produce significant amounts of tears and mucus, a natural response to protect them against further pain and to flush the product out of their system. She holds a B.A. Include a toll-free number for training on self-defense, on the canister. In addition to hand-to-hand combat, you can use pepper sprays with OC or CS as the main ingredient. Product inserts should have instructions for use, first-aid info, storage instructions, safety info, and a toll-free contact number for safety and self-defense training. While civilian use of pepper spray is legal in New York City, the law dictates that only pocket-sized canisters are allowed. It is necessary that the person be 21 years old. For instance, some brands of pepper spray shoot as far as 12 feet, but others might not reach anywhere near that far. Keep in mind, that instructions may vary with different brands. California man gets 4 1/2 years for role in US Capitol riot - Yahoo News For example, you may be able to find a stick or a rock to use as a weapon. Florida: Canisters cannot exceed 2 ounces. Be wary of online sellers who ignore the law because you can end up having violations when you purchase pepper spray from someone who is not accredited. If you are aware of the 21 foot rule, you know that a reactionary gap makes drawing your spray out of your purse useless. Animal spray is a powerful weapon that contains Oleoresin Capsicum (OC) to temporarily stop even the largest wild attacker. If the can has a safety feature, disable it before attempting to spray. Contact us today well be glad to point you in the right direction! Legal to carry and use for self defense. Learn how your comment data is processed. In what states is Pepper Spray legal? It is made from capsaicin, which is the active ingredient in chili peppers and causes irritation and the burning of the eyes, nose, and throat. Pepper spray is one of the most popular self-defense weapons, and it is legal in New York City. That gives you an idea of just how effective it is. The percentage of OC does not indicate how strong a pepper spray will be- it simply indicates how much red pepper is in the spray. Learn What Self-Defense Weapons Are Legal In NY A stream pepper spray can spritz a steady jet of liquid in a range of 15 or 20 feet, depending on the size of the can. As the gel makes contact with an assailant, it sticks and slides down to extend the damage. If all else fails, try to fight back with your fists and kicks. You may buy no more than 2 such devices during a single visit to the gun dealer or pharmacy. Once an individual has been licensed to carry a concealed weapon, they must still comply with all other gun laws. Animal pepper sprays are used to humanely stun an animal if you fear its causing you danger, but this kind of pepper spray should not be used on humans. Pepper spray is legal to own in all 50 states, but there are some restrictions on where you can buy it. Tactical pens have a blunt end to break glass in emergencies and an aluminum body that makes the pens heavier than regular pens. How To Buy Pepper Spray In Ny - BikeHike If you are attacked, your first priority should be to get away from your attacker as quickly as possible. This means that you should know the pepper spray laws by state. Of course, there are restrictions on each of these weapons. The consent submitted will only be used for data processing originating from this website. This leaves you with two options. However, there are a few restrictions in place. World Population Review: Pepper Spray Laws by State 2021. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. These sellers can only sell up to two canisters of pocket-sized pepper spray to one person at a time. Once they stun the attacker, they can take time to run to safety. In California, use includes not only discharging the weapon, but also showing it in a threatening manner. The best self-defense weapon is the one that you are most comfortable using and that you have been properly trained to use. According to the official law, canister should be pocket sized. US Hot Stuff: Where Did Pepper Spray Come From? To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. Although a steam pepper spray has fewer chances of blowing back towards your direction, smaller particles can still be blown back towards you. 9 Best Pepper Sprays (Update 2022) Buyer's Guide document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. However, the average range is about 10 feet. CS is an improvement from chloroacetophenone (CN), which is more toxic, less potent, and takes effect longer. This is why pepper spray is not sold over the counter in New York to prevent it from being used as a weapon. Anyone trying to purchase pepper spray in New York only has to consider that they are older than 17 years and have never been convicted of any felonies or assault crimes. Tasers come in two main varieties: those designed for law enforcement personnel and those designed for civilians. Note: Due to the pandemic, many retailers have service restrictions. Legal experts urge caution with use of pepper spray - NY1 Some also come with other features, like lasers, or lights. Ultimately, the best self-defense weapon is the one that you are most likely to use effectively in a dangerous situation. The process for obtaining a license is extensive, and includes a background check and fingerprinting. While some states allow the purchase of pepper spray from most stores or online, New York State is more strict pepper spray is only available through a permitted pharmacy or a licensed firearms dealer. It is illegal to have pepper spray (for humans) mailed to any address in New York City. We have reviewed our content for bias and company-wide, we routinely meet with national experts to educate ourselves on better ways to deliver accessible content. Laws Affected: Amd 2801-a, Ed L. Versions Introduced in 2021-2022 Legislative Session: A10587. You never know when you might be in a confrontation with multiple attackers, so its best to always be fully loaded, so to speak. Otherwise, owning a gun in New York, and in New York City, is legal. Pepper Spray State Laws: Age & Size Restrictions & Regulations | SABRE Finally, you can also use a firearm for self-defense in New York City. State Laws for Ordering Pepper Spray Online - SABRE Not a fan of pepper spray or need some extra protection? It is also illegal to carry pepper spray into secured buildings, like state establishments, or government buildings. However, there are some restrictions on where you can use it. The best way to get a bad law repealed is to enforce it strictly. During a very windy situation, you might end up incapacitating yourself instead of an attacker if youre using a fogger pepper spray. If all else fails and you are attacked, try to create as much distance as possible between you and your attacker. Continue with Recommended Cookies, Last Updated on July 12, 2022 by Fair Punishment Team.