An accessible, useful, non-lethal method of self-defense is pepper spray, and the U.S. states have different laws when it comes to purchasing and using it. But in New York, is pepper spray permitted? Carrying pepper spray is permitted in the state of New York, but it can only be purchased there and the label must include instructions for use.
All the information you require regarding pepper spray’s legal status in New York City is provided below.
What Is Pepper Spray And How Does It Function?
An attacker’s (human or animal) eyes can become irritated when pepper spray is used in self-defense. You pepper the attacker’s eyes, as the name suggests. But it goes a little bit deeper than that.
Oleoresin Capsicum is a lachrymatory spray that is used as pepper spray. The name of the compound, oleoresin capsicum, comes from cayenne pepper. Here’s what lachrymatory spray does:
- It makes one’s eyes water.
- The eyes suffer excruciating pain as a result.
- It causes a burning sensation in the lungs,
- Blindness is temporarily brought on by it.
Pepper spray will also make the attacker cough up a lot of mucus and cause their nerve endings and larynx to spasm. Shortness of breath and difficulty speaking will result from these.
If you’re in danger, you can use it to knock down your attacker for a short period of time so you can flee.
Which Laws Apply To Pepper Spray In New York City?
Section 265.20 Exemptions of the Penal Laws and New York Consolidated Laws set the rules for pepper spray use in NYC. It is acceptable to carry pepper spray on your person in New York City, but only in a canister no bigger than a pocket.
Pepper spray canisters may only be purchased by civilians once per transaction. Only a fully licensed arms dealer or a pharmacist may sell pepper spray, and the sale will only be finalized after you have signed a form attesting to your age and the absence of any criminal convictions.
Anywhere in New York, pepper spray cannot be mailed. Only pepper spray intended for use against animals may be legally mailed to New York. All other self-defense sprays are prohibited. Animal pepper sprays can be used to humanely stun an animal if you believe it is posing a threat to you, but they shouldn’t be applied to people.
All states allow the use of pepper spray, barring certain circumstances and limitations.
Exemptions
There are a few exceptions to the pepper spray ban in New York City. Both people under the age of 18 and felons and assault convicts are prohibited from possessing or carrying pepper spray, even if the convictions occurred outside of New York.
In terms of exemptions from New York state law, civilians are not permitted to carry pepper spray on commercial airlines due to the risk that would be involved. According to New York state law, possessing pepper spray on a commercial airline is a felony punishable by a fine of up to $25,000.
Additionally, it is forbidden to bring pepper spray into secured buildings such as government or state buildings.
Pepper Spray Packaging In New York
Instructions for use, advice on safe storage, and first-aid guidelines must all be included on pepper spray canisters. Additionally, a toll-free phone number for self-defense training programs must be provided. It must be noted on the canisters that using pepper spray for any other purpose than self-defense is against the law in the state of New York.
How To Use Pepper Spray?
The original purpose of pepper spray was to fend off dangerous predators like wolves, mountain lions, and bears. Some groups of people continue to call it “bear spray.” You can see how efficient it is from that.
Law enforcement now employs pepper spray to manage riots and crowds, and civilians use it for self-defense. Here’s how to use yours:
- First, carefully read the instructions found on the pepper spray canister. Keep in mind that different brands may have different instructions. For instance, some brands’ spraying range varies from 6 to 12 feet depending on the product. However, the typical range is only about 10 feet.
- You should spray the canister to test it after reading the instructions. You will have a sense of how it operates beforehand thanks to this. Any situation where you might need to use pepper spray calls for quick action. The worst time to discover your canister is defective would be at that point.
- Spray with the can while holding it upright.
- Disable any safety features on the can before attempting to spray.
- Holding the can firmly in your palm, spray the pepper spray using your thumb to do so.
- When using pepper spray on an approaching attacker, make sure to stand firm and aim for their face.
- You should leave the area as soon as you are sure your attacker is no longer able to harm you. 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)
Benefits Of Pepper Spray
- Cheap and simple to use, pepper spray.
- They can be used on more than one attacker at a time
- You don’t have to be concerned about murder because they are nonlethal.
- Even if you experience side effects, they will disappear in a day because pepper spray side effects are not long-lasting.
- You can use your pepper spray even if the aggressor is not right next to you.
The Risks Associated With Using Pepper Spray
When in danger, pepper spray is an excellent weapon of defense. It must be used appropriately and disarmed when not in use. Be mindful of how you hold the spray when using it to avoid accidentally spraying yourself. When not in use, pepper spray should not be kept near children or animals.
Although pepper spray can be used for self-defense, if it is not disarmed and kept away from children or pets, it can be dangerous. A person’s eyes, nose, mouth, and throat will feel scorching if they are sprayed with this substance. Pepper spray can also temporarily impair vision and stop breathing, depending on how much is used.
Where Can I Buy Pepper Spray In New York City?
Pepper spray (for use on humans) cannot be purchased online due to New York State regulations. You now only have two choices.
- You can travel back and forth, get it from a friend, or bring it in from another state. Keep in mind that carrying pepper spray on commercial airlines is prohibited if you decide to take this route. You should continue to travel by bus and car, in my opinion.
- In a store in New York, pepper spray is available. Remember that you can only purchase from licensed arms dealers or pharmacists if you choose this route. Additionally, you must sign a document attesting to your age and the absence of any criminal convictions.
Pepper spray is readily accessible throughout NYC if you’re looking for some. They are available at certain pharmacies, sporting goods stores, and hardware stores. Some of these places are:
- Target
- DICK’S Sporting Goods
- The Home Depot
- New York Police Shop
- Rite Aid
What Other Weapons For Self-defense Are Legal In New York?
The laws governing additional self-defense tools in New York state are described below.
Guns
Even though it’s not strictly forbidden, permits are only given out for concealed carry in New York. It is forbidden to carry any kind of weapon without a permit. The rest of the time, it is acceptable to own a gun in New York and New York City. To avoid any potential legal issues, it is crucial to speak with a lawyer before trying to purchase a firearm.
Knives
Openly carrying knives in public is forbidden in New York. The law is very strict about this; carrying a knife in public is considered if even a small portion of it is visible. Even if the knife’s blade is hidden, doing this is prohibited. Only those who are permitted to use a knife for work, such as military personnel or ambulance drivers who are on duty, are exempt from this law.
Tactical Pen
A more recent substitute for firearms is tactical pens. They may have pressurized cartridges and the appearance of a working pen, but they also have a ballpoint that is much sharper than a regular pen, a blunt end for breaking glass or other barriers, and a steel or aircraft-grade aluminum body that gives the pen extra weight and can be used to fight off attackers.
Other features, such as lights or lasers, are also included in some. Compared to weapons like knives or guns, they are much smaller and therefore much easier to conceal. Not just in New York, but across the country, tactical pens are entirely legal.
Tasers
Tasers may be carried by both law enforcement officers and ordinary citizens. Tasers come in a variety of varieties, though, so be aware of them. Make sure to purchase a taser intended for civilian use if you’re a consumer. This particular taser can deliver a shock for about 30 seconds.
FAQs
What’s In Pepper Spray?
Oleoresin capsicum (OC), which is the oil extracted from the placenta close to a pepper’s stem, is the active component in pepper spray. The amount of OC simply indicates how much red pepper is in the spray; it does not indicate how potent the pepper spray will be.
Five major capsaicinoids, which also make up oleoresin capsicum, are what gives peppers their heat and pungency. The amount of total capsaicinoids is what determines the potency of any given pepper spray, not the amount of OC.
Major Capsaicinoids typically range from 0.18% to 1.33% in both pepper sprays used by law enforcement and the general public. The rate for bear repellents ranges from 1.0% to 2.0%.
How Long Does Pepper Spray Last?
The duration of your pepper spray depends on its strength. The time frame ranges from 20 to 90 minutes on average. The eyes can be red and irritated for up to 24 hours, though.
Pepper spray is typically sold in canisters or cans that fit easily in a purse or pocket. In jewelry like rings and bracelets, pepper spray can occasionally be found. Additionally, there are numerous types, including gel, foam, spray, and foggers.
Are Pepper Spray And Mace Different?
Yes, they are two different self-defense techniques. The irritant and cough-inducing effects of mace are very similar to those of tear gas. Not all states in the US have legalized it. This should not be confused with the Mace Brand, a company that produces pepper spray and other self-defense tools.
Conclusion
There will undoubtedly be a variety of people in a city as well-known and populated as New York City. some excellent, some awful. Such swarming draws small-time offenders, burglars, thieves, kidnappers, etc. Knowing how to defend yourself and your loved ones from those with bad intentions will be necessary.
Since pepper spray is permitted in the state of New York, New York City can also legally possess it. But it’s crucial to be fully informed. Pepper spray may only be purchased in designated, authorized locations, and it may not be used against another person unless it is in self-defense.