Traveling to NYC - can I take my OC Spray?

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I'm heading to NYC on the train. I looked at the "Sprays in NY" thread and read the law, but it doesn't say anything about someone traveling to NYC.

Am I legally allowed to take my OC spray there?
 
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nope. IANAL, IIRC you must be over 18 and have purhcased the spray in New York (and the seller keeps it on record) in person. i.e. not received it via mail from another state.

Continuing, if you wanted to carry OC Spray in New York (city or ortherwise) you need to buy at a pharmacist or firearms dealer and be over 18 - and a New York resident.
 
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nope. IANAL, IIRC you must be over 18 and have purhcased the spray in New York (and the seller keeps it on record) in person. i.e. not received it via mail from another state.
Correct. Here's the relevant law :

New York State Penal Law
Exemption of Weapons Law §265.
Sale of "self-defense spray device"

Section §265.20

14. Possession in accordance with the provisions of this paragraph of a self-defense spray device as defined herein for the protection of a person or property and use of such self-defense spray device under circumstances which would justify the use of physical force pursuant to article thirty-five of this chapter.

(a) As used in this section "self-defense spray device" shall mean a pocket sized spray device which contains and releases a chemical or organic substance which is intended to produce temporary physical discomfort or disability through being vaporized or otherwise dispensed in the air or any like device containing pepper or similar disabling agent.

(b) The exemption under this paragraph shall not apply to a person who:
(i) is less than eighteen years of age; or
(ii) has been previously convicted in this state of a felony or any assault; or
(iii) has been convicted of a crime outside the state of New York which if committed in New York would constitute a felony or any assault crime.

(c) The department of health, with the cooperation of the division of criminal justice services and the superintendent of state police, shall develop standards and promulgate regulations regarding the type of self- defense spray device which may lawfully be purchased, possessed and used pursuant to this paragraph. The regulations shall include a requirement that every self-defense spray device which may be lawfully purchased, possessed or used pursuant to this paragraph have a label which states:

"WARNING: The use of this substance or device for any purpose other than self-defense is a criminal offense under the law. The contents are dangerous - use with care. This device shall not be sold by anyone other than a licensed or authorized dealer. Possession of this device by any person under the age of eighteen or by anyone who has been convicted of a felony or assault is illegal."

15. Possession and sale of a self-defense spray device as defined in paragraph fourteen of this subdivision by a dealer in firearms licensed pursuant to section 400.00 of this chapter, a pharmacist licensed pursuant to article one hundred thirty-seven of the education law or by such other vendor as may be authorized and approved by the superintendent of state police.

(a) Every self-defense spray device shall be accompanied by an insert or inserts which include directions for use, first aid information, safety and storage information and which shall also contain a toll free telephone number for the purpose of allowing any purchaser to call and receive additional information regarding the availability of local courses in self-defense training and safety in the use of a self-defense spray device.

(b) Before delivering a self-defense spray device to any person, the licensed or authorized dealer shall require proof of age and a sworn statement on a form approved by the superintendent of state police that such person has not been convicted of a felony or any crime involving an assault. Such forms shall be forwarded to the division of state police at such intervals as directed by the superintendent of state police. Absent any such direction the forms shall be maintained on the premises of the vendor and shall be open at all reasonable hours for inspection by any peace officer or police officer, acting pursuant to his or her special duties. No more than two self-defense spray devices may be sold at any one time to a single purchaser.
Continuing, if you wanted to carry OC Spray in New York (city or ortherwise) you need to buy at a pharmacist or firearms dealer and be over 18 - and a New York resident.
I don't believe you need to be a resident to purchase or possess.
 
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Sooooo, how long are you supposed to carry the receipt along with you? Forever?? How would they know where you acquired it? This is a perfect example of misapplication or misinterpretation of the law IMO. The law was likely created because little Jonny was sprayed after school by little Bobby.
 
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How would they know where you acquired it?
By the state mandated warning label on all sprays sold in NY.

The regulations shall include a requirement that every self-defense spray device which may be lawfully purchased, possessed or used pursuant to this paragraph have a label which states:

"WARNING: The use of this substance or device for any purpose other than self-defense is a criminal offense under the law. The contents are dangerous - use with care. This device shall not be sold by anyone other than a licensed or authorized dealer. Possession of this device by any person under the age of eighteen or by anyone who has been convicted of a felony or assault is illegal."
 
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So, create a label on your printer with that warning in the smallest font you can print, stick it to your OC can, go to NY and enjoy yourself.
bump...wife is heading into NYC with her friends for a friends' bachelorette party...she always carries her pepper spray in her bag...i'm thinking of doing the above and just telling her to take it with her...anyone see any possible issues?...has there been any changes in the laws?
 

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I am in a similar situation I'll be driving over there this weekend to nyc so could I posses pepper spray with that tiny label on it and be ok? If not whats the worst that could happen
 

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I guess I need to talk to a lawyer becasue I disagree with what people are saying here.

I just read NY Penal Law 262.20 section 14 and 15 as it pertains to exemptions to the firearms laws for OC spray and the way I read it is that if you are in possession of pepper spray in NY it must contain the label defined in the law which shall read "

"WARNING: The use of this substance or device for any
purpose other than self-defense is a criminal offense under the law. The
contents are dangerous - use with care. This device shall not be sold by
anyone other than a licensed or authorized dealer. Possession of this
device by any person under the age of eighteen or by anyone who has been
convicted of a felony or assault is illegal. Violators may be prosecuted
under the law."

That is that is the only provision that I see that prevents you from bringing your out of state pepper spray into NY.

NOTE : I fully understand that the warning states that the device can only be sold be a licensed or authorized dealer. That is not a problem unless you are selling it. There are section of the law (Section 15) that deal with who is authorized to sell he spray. NOTHING says that you must posess a spray that was purchased in NY.
 

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I guess I need to talk to a lawyer becasue I disagree with what people are saying here.

I just read NY Penal Law 262.20 section 14 and 15 as it pertains to exemptions to the firearms laws for OC spray and the way I read it is that if you are in possession of pepper spray in NY it must contain the label defined in the law which shall read "

"WARNING: The use of this substance or device for any
purpose other than self-defense is a criminal offense under the law. The
contents are dangerous - use with care. This device shall not be sold by
anyone other than a licensed or authorized dealer. Possession of this
device by any person under the age of eighteen or by anyone who has been
convicted of a felony or assault is illegal. Violators may be prosecuted
under the law."

That is that is the only provision that I see that prevents you from bringing your out of state pepper spray into NY.

NOTE : I fully understand that the warning states that the device can only be sold be a licensed or authorized dealer. That is not a problem unless you are selling it. There are section of the law (Section 15) that deal with who is authorized to sell he spray. NOTHING says that you must posess a spray that was purchased in NY.
NO expertise on NY law here, but what is to prevent you from typing up the above in very tiny font and putting it on a label to your already possessed OC spray? Seems to IANAL me that this might cover you if that is indeed a legal requirement.
 

spt_1955

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NO expertise on NY law here, but what is to prevent you from typing up the above in very tiny font and putting it on a label to your already possessed OC spray? Seems to IANAL me that this might cover you if that is indeed a legal requirement.
from my reading of the law (IANAL) I think that would cover you. I think the confusion about "need to buy in NY" is that people read the law and do not realize that section 14 refers to possession and Section 15 refers to sales.
 
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I guess I need to talk to a lawyer becasue I disagree with what people are saying here.

I just read NY Penal Law 262.20 section 14 and 15 as it pertains to exemptions to the firearms laws for OC spray and the way I read it is that if you are in possession of pepper spray in NY it must contain the label defined in the law.

That is that is the only provision that I see that prevents you from bringing your out of state pepper spray into NY.
You may or may not be correct (IANAL), but be aware there are other restrictions, promulgated pursuant to 265.20(14)(c), which are contained in 10 CRR-NY:

Section 54.3 said:
Every self-defense spray device which is purchased, possessed or used in New York State shall satisfy all of the following requirements:

(a) Every self-defense spray device shall contain oleoresin capsicum, and no other substance, as the active ingredient.
(b) The contents of every self-defense spray device shall not contain more than 0.7 percent by weight total capsaicinoids.
(c) The net weight of every self-defense spray device shall not exceed 0.75 ounce.
(d) Every self-defense spray device shall have a safety device.
(e) Every self-defense spray device shall be sold in a sealed, tamper-proof package.
(f) Every self-defense spray device shall not be camouflaged.
(g) Every self-defense spray device shall be accompanied by an insert or inserts which include directions for use, first aid information, safety and storage information and which shall also contain a toll-free telephone number for the purpose of allowing any purchaser to call and receive additional information regarding the availability of local courses in self-defense training and safety in the use of a self-defense spray device.
(h) Every self-defense spray device shall bear the following label: “Warning: The use of this substance or device for any purpose other than self-defense is a criminal offense under the law. The contents are dangerous - use with care. This device shall not be sold by anyone other than a licensed or authorized dealer. Possession of this device by a person under the age of 18 or by anyone who has been convicted of a felony or assault is illegal. Violators may be prosecuted under the law.” This label shall appear on the self-defense spray device if the self-defense spray device does not bear the labels required by the California Penal Code pursuant to section 12403.7(a)(5)(B) and by the United States Consumer Product Safety Commission pursuant to 16 Code of Federal Regulations section 1500. This label shall appear on self-defense spray device packaging materials or the self-defense spray device if the self-defense spray device bears the labels required by California Penal Code pursuant to section 12403.7(a)(5)(B) and by the United States Consumer Product Safety Commission pursuant to 16 Code of Federal Regulations section 1500.
https://govt.westlaw.com/nycrr/Browse/Home/NewYork/NewYorkCodesRulesandRegulations?guid=Iedabfd50b65511ddb903a4af59fec65a&originationContext=documenttoc&transitionType=Default&contextData=(sc.Default)
 

spt_1955

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You may or may not be correct (IANAL), but be aware there are other restrictions, promulgated pursuant to 265.20(14)(c), which are contained in 10 CRR-NY:



https://govt.westlaw.com/nycrr/Browse/Home/NewYork/NewYorkCodesRulesandRegulations?guid=Iedabfd50b65511ddb903a4af59fec65a&originationContext=documenttoc&transitionType=Default&contextData=(sc.Default)
I'm not sure how the administrative codes rules and regulations for the department of health in NY pertaining to laboratories manufacturing pepper spray are relevant to this conversation. (i.e. 10 CRR-NY II D)

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 10. DEPARTMENT OF HEALTH
CHAPTER II. ADMINISTRATIVE RULES AND REGULATIONS
SUBCHAPTER D. LABORATORIES
PART 54. REQUIREMENTS FOR SELF-DEFENSE SPRAY DEVICES

FYI "promulgated pursuant to 265.20(14)(c)" means that 265.10(14)(c) authorizes the Board of Health to issue these rules related to manufacturing.

And yes IANAL but I do not need to be a Lawyer to understand the difference between laws and regulations
 
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