Assembly Bill A1838B

2025-2026 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

Bill Amendments

co-Sponsors

2025-A1838 - Details

See Senate Version of this Bill:
S4922
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §265.20, Pen L
Versions Introduced in 2023-2024 Legislative Session:
A8140

2025-A1838 - 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.

2025-A1838 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1838
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2025
                                ___________
 
 Introduced  by  M.  of A. EACHUS, ROZIC -- 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.
                                                            LBD03414-01-5

co-Sponsors

2025-A1838A - Details

See Senate Version of this Bill:
S4922
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §265.20, Pen L
Versions Introduced in 2023-2024 Legislative Session:
A8140

2025-A1838A - 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.

2025-A1838A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1838--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2025
                                ___________
 
 Introduced  by  M.  of  A.  EACHUS,  ROZIC,  ALVAREZ, HEVESI, McDONOUGH,
   BAILEY, CHANG -- read once and referred to the Committee on  Codes  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 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.    NOTWITHSTANDING ANY LAW, RULE, OR REGULATION TO THE
 CONTRARY, THE CONTENTS OF EVERY  SELF-DEFENSE  SPRAY  DEVICE  SHALL  NOT
 CONTAIN MORE THAN 1.33 PERCENT BY WEIGHT TOTAL CAPSAICINOIDS.
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03414-02-5
 A. 1838--A                          2

co-Sponsors

2025-A1838B (ACTIVE) - Details

See Senate Version of this Bill:
S4922
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §265.20, Pen L
Versions Introduced in 2023-2024 Legislative Session:
A8140

2025-A1838B (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.

2025-A1838B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1838--B
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2025
                                ___________
 
 Introduced  by  M.  of  A.  EACHUS,  ROZIC,  ALVAREZ, HEVESI, McDONOUGH,
   BAILEY, CHANG, SOLAGES, LEVENBERG, SAYEGH -- read once and referred to
   the Committee on Codes -- committee discharged, bill amended,  ordered
   reprinted  as  amended  and  recommitted  to  said  committee -- again
   reported from said committee with  amendments,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN ACT to amend the penal law, in relation to the sale and possession of
   self-defense spray devices
 
   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.    NOTWITHSTANDING ANY LAW, RULE, OR REGULATION TO THE
 CONTRARY, THE CONTENTS OF EVERY  SELF-DEFENSE  SPRAY  DEVICE  SHALL  NOT
 CONTAIN MORE THAN 1.33 PERCENT BY WEIGHT TOTAL CAPSAICINOIDS.
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03414-06-5

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.