Pepper spray in NYC? No paperwork needed?

[random name]

So the other day I went into an authorized pepper spray dealer in NYC (an army/police store) and bought it. Its legal for purchase in NYC, however to my understanding, it must be from an authorized seller or pharmacy.

The issue being, that I was not prompted to fill out any paperwork. To my understanding, you have to fill out paperwork for every transaction involving pepper spray. I also asked the dealer several times, but they said no I don't need any. I then called a licensed NYC pharmacy and they said that they make you fill paperwork out.

Now what are the rules here? Can I be arrested for carrying it or using it in defense? I don't want to be carrying pepper spray illegally, but is there paperwork required? I just waltzed in and bought it even asking if they needed my ID, which they didn't.

The box specifically says 15% pepper spray too.

 

[You Are Guilty]

Penal Law s.265:

265.20 Exemptions.
a. Paragraph (h) of subdivision twenty-two of section 265.00 and
sections 265.01, 265.01-a, subdivision one of section 265.01-b, 265.02,
265.03, 265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36,
265.37 and 270.05 [criminal weapon possession laws] shall not apply to:

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
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. Violators may be prosecuted
under the law."

So while I suppose some places may make you sign some paperwork attesting that you are over 18 and not a felon, that seems to be the only requirement to ownership. (Well, that and you have to buy it in-state as it cannot be shipped across state lines).

 

[HighwayMan]

So the other day I went into an authorized pepper spray dealer in NYC (an army/police store)...

Uh huh. Authorized how and by whom?

 

[TigerD]

Why go through all the trouble dealing with NY self-defense laws when hairspray and wasp spray are common and legal?

DC

 

[single317dad]

Why go through all the trouble dealing with NY self-defense laws when hairspray and wasp spray are common and legal?

DC

Personally, I'd stick with the pepper spray, as it's specifically allowed as a self-defense weapon by law, where misuse of the other items may land you in hot water.

Or just keep a jar of habaneros in your pocket.