New York 2025-2026 Regular Session

New York Assembly Bill A01838

Introduced
1/14/25  
Refer
1/14/25  

Caption

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.

Impact

If enacted, this bill will alter various existing laws related to the control and distribution of self-defense tools. By repealing certain provisions that restricted sales to specific vendors, the bill could enhance community safety by enabling individuals to acquire self-defense spray devices more easily. This change is seen as a positive move by proponents who believe it empowers citizens in the pursuit of personal safety and protection. However, the bill maintains strict regulations including prohibitions on ownership by individuals under the age of 18 or those with felony convictions, which aims to balance accessibility with safety concerns.

Summary

Bill A01838 seeks to revise New York's penal law regarding the sale and possession of self-defense spray devices. The legislation aims to allow the sale of these devices by additional vendors beyond licensed dealers and pharmacists, thereby broadening access for individuals seeking personal protection. The bill also proposes to permit the shipping of self-defense spray devices within the state under new guidelines established by the Department of Health, ensuring proper regulation and safety standards for these products. Another key change in the bill is the amendment of the percentage of capsaicinoids allowed in self-defense sprays to a maximum of 1.33% by weight.

Contention

Debate over A01838 highlights differing opinions on public safety and self-defense rights. Supporters argue that removing barriers to access for self-defense tools is essential in enhancing personal safety, particularly in urban environments where crime may be a concern. Conversely, opponents express worries about the potential misuse of self-defense sprays, advocating for the protection of vulnerable populations from potential violence. The bill's provisions regarding felon restrictions and age limitations reflect a precautionary approach aimed at minimizing risks associated with increased availability of these devices.

Companion Bills

NY S04922

Same As 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.

Previously Filed As

NY S04922

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.

NY S09623

Relates to allowing the possession and sale of electronic dart guns and electronic stun guns for self-defense; adds such weapons in the definition of obstructing governmental administration by means of a self-defense spray device.

NY HB609

Relative to the general court's authority over the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, and other matter pertaining to firearms, stun guns, Tasers, pepper spray devices, knives and other self-defense tools.

NY HB609

Relative to the general court's authority over the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, and other matter pertaining to firearms, stun guns, Tasers, pepper spray devices, knives and other self-defense tools.

NY S08883

Enacts the "New York state vehicle security circumvention device act" to prohibit the manufacturing, sale, offering to sell, or possession of devices outside of lawful and reasonable purposes.

NY A08867

Enacts the "New York state vehicle security circumvention device act" to prohibit the manufacturing, sale, offering to sell, or possession of devices outside of lawful and reasonable purposes.

NY H2674

Relative to self-defense sprays

NY S1692

Relative to self-defense sprays

NY S955

Permit Self-Defense Devices on College Campus

NY S07576

Sets requirements for the sale, lease, and rental of powered bicycles, powered mobility devices, and storage batteries for such devices; provides for penalties for the violation thereof.

Similar Bills

No similar bills found.