STATE OF NEW YORK
        ________________________________________________________________________

                                          8140

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    October 13, 2023
                                       ___________

        Introduced by M. of A. EACHUS -- read once and referred to the Committee
          on Codes

        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

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraph  14  of  subdivision a of section 265.20 of the
     2  penal law, as added by chapter 354 of the laws of 1996,  is  amended  to
     3  read as follows:
     4    14.  Possession in accordance with the provisions of this paragraph of
     5  a self-defense spray device as defined herein for the  protection  of  a
     6  person  or  property  and  use  of  such self-defense spray device under
     7  circumstances which would justify the use of physical force pursuant  to
     8  article thirty-five of this chapter.
     9    (a)  As  used in this section "self-defense spray device" shall mean a
    10  pocket sized spray device which contains  and  releases  a  chemical  or
    11  organic  substance  which  is  intended  to  produce  temporary physical
    12  discomfort or disability through being vaporized or otherwise  dispensed
    13  in  the  air  or  any like device containing tear gas, pepper or similar
    14  disabling agent.
    15    (b) The exemption under this paragraph shall not  apply  to  a  person
    16  who:
    17    (i) is less than eighteen years of age; or
    18    (ii)  has  been  previously convicted in this state of a felony or any
    19  assault; or
    20    (iii) has been convicted of a crime outside  the  state  of  New  York
    21  which  if committed in New York would constitute a felony or any assault
    22  crime.
    23    (c) The department of health, with the cooperation of the division  of
    24  criminal  justice services and the superintendent of state police, shall

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13270-01-3

        A. 8140                             2

     1  develop standards and promulgate regulations regarding the type of self-
     2  defense spray device which may lawfully be purchased, possessed and used
     3  pursuant to this paragraph. The regulations shall  permit  the  shipping
     4  and  sale of such self-defense spray devices within the state in accord-
     5  ance with this subdivision. The regulations shall include a  requirement
     6  that  every  self-defense  spray device which may be lawfully purchased,
     7  possessed or used pursuant to this paragraph have a label which  states:
     8  "WARNING: The use of this substance or device for any purpose other than
     9  self-defense  is  a  criminal  offense  under  the law. The contents are
    10  dangerous - use with care. [This device shall  not  be  sold  by  anyone
    11  other  than  a licensed or authorized dealer.] Possession of this device
    12  by any person under the age of  eighteen  or  by  anyone  who  has  been
    13  convicted of a felony or assault is illegal. Violators may be prosecuted
    14  under the law."
    15    (d)  Every self-defense spray device shall be accompanied by an insert
    16  or inserts which include directions  for  use,  first  aid  information,
    17  safety  and storage information and which shall also contain a toll-free
    18  telephone number for the purpose of allowing any purchaser to  call  and
    19  receive  additional  information  regarding  the  availability  of local
    20  courses in self-defense training and safety in the use of a self-defense
    21  spray device.
    22    (e) Before delivering a self-defense spray device to any  person,  the
    23  seller  shall  require  proof  of  age  and  a sworn statement on a form
    24  approved by the superintendent of state police that such person has  not
    25  been convicted of a felony or any crime involving an assault. Such forms
    26  shall  be forwarded to the division of state police at such intervals as
    27  directed by the superintendent of state police. Absent any  such  direc-
    28  tion  the forms shall be maintained by the vendor and shall be available
    29  at all reasonable hours for inspection by any peace  officer  or  police
    30  officer,  acting pursuant to his or her special duties. No more than two
    31  self-defense spray devices may be sold at  any  one  time  to  a  single
    32  purchaser.
    33    § 2. Subdivision 15 of section 265.20 of the penal law is REPEALED.
    34    § 3. This act shall take effect immediately.