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Assembly Bill A8140

2023-2024 Legislative Session

Relates to the sale and possession of self-defense spray devices in the state; repealer

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Archive: Last Bill Status - In Assembly Committee

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2023-A8140 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §265.20, rpld §265.20 sub 15, Pen L
Versions Introduced in 2025-2026 Legislative Session:
A1838

2023-A8140 (ACTIVE) - Summary

Relates to the sale and possession of self-defense spray devices in the state; removes the requirement that only authorized dealers and pharmacists could sell such devices; permits shipping of such devices within the state; repeals certain provisions of law relating thereto.

2023-A8140 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8140
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section  1.  Paragraph  14  of  subdivision a of section 265.20 of the
 penal law, as added by chapter 354 of the laws of 1996,  is  amended  to
 read as follows:
   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 tear gas, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13270-01-3

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