Pepper Spray Laws in New York
The rules on pepper spray in New York: who may own and carry them, where they are banned, and the penalties, from the state code.
Short answer: Adults may possess pepper spray in New York for protecting a person or property, and may use it only when physical force would be justified under Penal Law article 35. N.Y. Penal Law § 265.20(a)(14)-(15)
| Pepper spray | Adults may possess pepper spray in New York for protecting a person or property, and may use it only when physical force would be justified under Penal Law article 35. The law covers a 'self-defense spray device': a pocket sized spray containing tear gas, pepper or a similar disabling agent (§ 265.20(a)(14)(a)). This exemption does not apply to anyone under eighteen, anyone previously convicted in New York of a felony or any assault, or anyone convicted elsewhere of a crime that would be a felony or assault in New York (§ 265.20(a)(14)(b)). Devices must carry a state-required warning label, may be sold only by licensed or authorized dealers, and no more than two self-defense spray devices may be sold at any one time to a single purchaser (§ 265.20(a)(14)(c), (15)). |
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FAQ
Is pepper spray legal in New York?
Adults may possess pepper spray in New York for protecting a person or property, and may use it only when physical force would be justified under Penal Law article 35. The law covers a 'self-defense spray device': a pocket sized spray containing tear gas, pepper or a similar disabling agent (§ 265.20(a)(14)(a)). This exemption does not apply to anyone under eighteen, anyone previously convicted in New York of a felony or any assault, or anyone convicted elsewhere of a crime that would be a felony or assault in New York (§ 265.20(a)(14)(b)). Devices must carry a state-required warning label, may be sold only by licensed or authorized dealers, and no more than two self-defense spray devices may be sold at any one time to a single purchaser (§ 265.20(a)(14)(c), (15)).
Last verified against official sources: October 27, 2026.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.