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CaptainObvious · February 22, 2012, 04:26 PM

The answer is yes. Non-Residents can carry pepper spray into the city, but only under certain conditions. Residents can only buy pepper spray from certain shops which are properly licensed.

- You must not have a felony or been convicted of assault.
- Must be 18 years or over
- Spray must be "pocket sized"

I think no matter where you go you should always carry pepper spray no matter how safe you believe the area might be. I have seen fights happen in the most peaceful places and for the oddest of reasons. I do not let any of my family members out the door without a can of spray in their pocket. You simply never know these days.

Will the NYPD arrest you if you use the pepper spray in an unlawful manner? Yes, they most certainly will. There are times when people believe they are using pepper spray in a lawful manner when they are really using it unlawfully. Pepper spray is not to be used because someone is yelling or annoying you. It is not be used for disagreements. It is only to be used for the "protection of person or property" as the law states below.

These matters can be subjective at times. The story of the other person is usually vastly different and contrary. My advice is not to use it unless you absolutely need to use it. If someone is charging at you with hostile intentions or touching in a manner which is clearly hostile, then you should probably use it. However, if they are standing their ground and just being really annoying/loud then you should take the opportunity to walk away.

Always attempt to walk away. Usually, both parties will stand their ground during an argument and this is where problems occur. Sometimes both parties in a fight will be arrested and charged. Disorderly conduct is always the base charge, but usually assault is pressed on the fighters. If you whip out your pepper spray and use it during a questionable fight, one in which you could have walked away from, then you will be charged with criminal possession of a weapon among other things.

Keep one hand on the pepper spray in your pocket, but only use it when you are in danger. If you use it during the course of a clearly preventable fight which you could have walked away from then you will be going to jail no matter which side started it.

Dont forget, once pepper spray is deployed then run away from the attacker. Do not stick around. The pepper spray will only disorient the attacker for several seconds to several minutes depending upon the individual. If you choose to remain by the attacker then they will probably eventually come at you, but this time they are full of adrenaline and have more strength. They might even have a pistol on them or a knife. Use that crucial time to run. Sometimes folks will decide to stick around and wait for police. They believe that by spraying the attacker again will have some additional effect. Do not think that way. Give them a good spray and run in the opposite direction. Do not delay.

New York: Section 265.25 (14) and (15) The possession of “selfdefense sprays” by persons who are not felons or who have been convicted of an assault, 18 or over for the protection of person or property and its otherwise lawful use is legal. “Selfdefense spray” is defined as “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 tear gas, pepper spray or similar disabling agent”. There are certain labeling requirements. Sales require both a seller’s license and the completion by a purchaser of a registration form. New York residents may only purchase defense sprays from licensed Firearms Dealers or licensed Pharmacists in that state. No more than two sprays may be sold at any one time to a single purchaser.

February 22, 2012, 04:26 PM	#21
CaptainObvious Junior member Join Date: February 5, 2012 Posts: 73	The answer is yes. Non-Residents can carry pepper spray into the city, but only under certain conditions. Residents can only buy pepper spray from certain shops which are properly licensed. - You must not have a felony or been convicted of assault. - Must be 18 years or over - Spray must be "pocket sized" I think no matter where you go you should always carry pepper spray no matter how safe you believe the area might be. I have seen fights happen in the most peaceful places and for the oddest of reasons. I do not let any of my family members out the door without a can of spray in their pocket. You simply never know these days. Will the NYPD arrest you if you use the pepper spray in an unlawful manner? Yes, they most certainly will. There are times when people believe they are using pepper spray in a lawful manner when they are really using it unlawfully. Pepper spray is not to be used because someone is yelling or annoying you. It is not be used for disagreements. It is only to be used for the "protection of person or property" as the law states below. These matters can be subjective at times. The story of the other person is usually vastly different and contrary. My advice is not to use it unless you absolutely need to use it. If someone is charging at you with hostile intentions or touching in a manner which is clearly hostile, then you should probably use it. However, if they are standing their ground and just being really annoying/loud then you should take the opportunity to walk away. Always attempt to walk away. Usually, both parties will stand their ground during an argument and this is where problems occur. Sometimes both parties in a fight will be arrested and charged. Disorderly conduct is always the base charge, but usually assault is pressed on the fighters. If you whip out your pepper spray and use it during a questionable fight, one in which you could have walked away from, then you will be charged with criminal possession of a weapon among other things. Keep one hand on the pepper spray in your pocket, but only use it when you are in danger. If you use it during the course of a clearly preventable fight which you could have walked away from then you will be going to jail no matter which side started it. Dont forget, once pepper spray is deployed then run away from the attacker. Do not stick around. The pepper spray will only disorient the attacker for several seconds to several minutes depending upon the individual. If you choose to remain by the attacker then they will probably eventually come at you, but this time they are full of adrenaline and have more strength. They might even have a pistol on them or a knife. Use that crucial time to run. Sometimes folks will decide to stick around and wait for police. They believe that by spraying the attacker again will have some additional effect. Do not think that way. Give them a good spray and run in the opposite direction. Do not delay. New York: Section 265.25 (14) and (15) The possession of “selfdefense sprays” by persons who are not felons or who have been convicted of an assault, 18 or over for the protection of person or property and its otherwise lawful use is legal. “Selfdefense spray” is defined as “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 tear gas, pepper spray or similar disabling agent”. There are certain labeling requirements. Sales require both a seller’s license and the completion by a purchaser of a registration form. New York residents may only purchase defense sprays from licensed Firearms Dealers or licensed Pharmacists in that state. No more than two sprays may be sold at any one time to a single purchaser.