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9/22/2017 12:11:25 AM
Posted: 9/26/2005 4:13:31 PM EDT
I've read -- or tried to read-- the sticky'd link to NY weapons laws. The wording is impenetrable. I thought we had it bad in Kali!

I simply want to know if I can carry my 2.5 oz OC and my 3.5" folder with me while I'm in Manhattan. It seems I can have the OC but the knife...depends on how this is interpreted:

"or any other dangerous or deadly instrument or weapon"

Any help?

Thanks.

Link Posted: 9/26/2005 5:07:50 PM EDT
Stick to the OC spray. Once you use the knife (or pretty much anything) to harm someone, it becomes a dangerous/deadly instrument. Also the OC spray cannot contain more than (I think) 8.5% OC.
Link Posted: 9/26/2005 6:41:44 PM EDT
I believe the max oc allowed for non LE is 5%. The knife itself is not illegal to carry (the NYC administrative code prohibits knives with a blade over 4"), however the way that dangerous instrument part of the law works is that if you use any object and cause an injury, you get charged with felony assault and misdemeanor criminal possession of a weapon for whatever instrument you used, be it a knife, a brick, a phone, etc (unless you have a prior conviction which would bump that up to felony weapons possession)
Link Posted: 9/26/2005 10:50:21 PM EDT
Working in NYC ever since Rudy it is a very safe place. That being said if you want simple protection and no unwanted attention try this... one of my friend's used to swear by a golf umbrella. Has a nice metal point; good stand off weapon; and takes a beating. Plus like the other posts said you will not get hassled if you have to use it. My friend was a few fries short of a happy meal so take it for what it's worth!
Link Posted: 9/27/2005 5:30:02 AM EDT
Thanks for the replies. I know NYC is much safer now, I usually visit a couple times a year. Still, it's nice to have something other than harsh language and hand-to-hand training.

I'll leave the knife at home and try to ensure my OC is 5%!
Link Posted: 9/27/2005 5:46:45 AM EDT
You cannot legally bring OC spray into NYS. It must be a NYS approved formula and must be purchased from a licensed pharmacist or FFL in NY.

I would not hesitate to use DPF against an armed attacker when in fear of my life in NYC or anywhere else in NYS. Unless you are in your residence you are required to retreat if you can safely do so. The specific provisions for the use of force in NYS are spelled out in PL Article 35.

Judged by twelve is usually preferable to carried by six. As always this is just my own dumb opinion and you should seek legal advice from your personal attorney for any questions related to the laws of NYS or the use of force in NYS.

The Suffolk County Pistol License Handbook is a good guide to the use of force in NYS. Unless you live in SC the rest of the handbook will probably not apply in your county.


www.co.suffolk.ny.us/Police/Pistol_%20License_%20Handbook-020505.pdf


assembly.state.ny.us/leg/?cl=82&a=68


Penal


ARTICLE 265
FIREARMS AND OTHER DANGEROUS WEAPONS

.......................................................

S 265.20 Exemptions.
a. Sections 265.01, 265.02, 265.03, 265.04, 265.05, 265.10, 265.11,
265.12, 265.13, 265.15 and 270.05 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."
15. Possession and sale of a self-defense spray device as defined in
paragraph fourteen of this subdivision by a dealer in firearms licensed
pursuant to section 400.00 of this chapter, a pharmacist licensed
pursuant to article one hundred thirty-seven of the education law or by
such other vendor as may be authorized and approved by the
superintendent of state police.
(a) Every self-defense spray device shall be accompanied by an insert
or inserts which include directions for use, first aid information,
safety and storage information and which shall also contain a toll free
telephone number for the purpose of allowing any purchaser to call and
receive additional information regarding the availability of local
courses in self-defense training and safety in the use of a self-defense
spray device.
(b) Before delivering a self-defense spray device to any person, the
licensed or authorized dealer shall require proof of age and a sworn
statement on a form approved by the superintendent of state police that
such person has not been convicted of a felony or any crime involving an
assault. Such forms shall be forwarded to the division of state police
at such intervals as directed by the superintendent of state police.
Absent any such direction the forms shall be maintained on the premises
of the vendor and shall be open at all reasonable hours for inspection
by any peace officer or police officer, acting pursuant to his or her
special duties. No more than two self-defense spray devices may be sold
at any one time to a single purchaser.

Link Posted: 9/27/2005 7:14:24 AM EDT

You cannot legally bring OC spray into NYS. It must be a NYS approved formula and must be purchased from a licensed pharmacist or FFL in NY.


Holy cow that's egregious. Glad I asked. I'll see if there's a pharmacist in mid-town who's willing to sell to a nonresident I'll pick up a couple canisters (one for me, one for Mrs Hartmann).
Link Posted: 9/27/2005 3:59:38 PM EDT
RK, do you know what the leagal limit is? I could have sworn it was 8.5 for non LE and 10 for LE. Looks like I need to bone up on my Penal law again.
Link Posted: 9/28/2005 9:54:45 AM EDT

Originally Posted By Hartmann:

You cannot legally bring OC spray into NYS. It must be a NYS approved formula and must be purchased from a licensed pharmacist or FFL in NY.


Holy cow that's egregious. Glad I asked. I'll see if there's a pharmacist in mid-town who's willing to sell to a nonresident I'll pick up a couple canisters (one for me, one for Mrs Hartmann).



I don't think there are any restrictions for non-residents but I would call them to verify. You can buy it here in mid-town:

Self Defenses Inc.
246 West 54th Street
(between Broadway & 8 Ave.)
New York, NY 10019
800-224-7036
212-541-5400
Link Posted: 9/28/2005 10:08:17 AM EDT

Originally Posted By Vinnie:
RK, do you know what the leagal limit is? I could have sworn it was 8.5 for non LE and 10 for LE. Looks like I need to bone up on my Penal law again.



AFAIK a non-leo is limited to .75 oz and 7% OC. I beleive NYPD limits the OC to 10% but I don't think that limit is regulated by the NYS Health Law. I know some departments that use a combo OC/CN spray.
Link Posted: 9/28/2005 10:23:34 AM EDT
NY is safe enough that I wouldn't carry pepper spray as a defense, but that's because I am firmly of the view that pepper spray is worse than being unarmed. Number 1, you are as likely to dose yourself with it as your assailant, leaving you incapacitated. Number 2, for a tough assailant, you risk pissing him off instead of deterring him. Number 3, even for a non-tough assailant, it takes several seconds to work, during which time you can be shot, stabbed or clubbed.
Link Posted: 9/28/2005 10:27:21 AM EDT
Don't forget that non-LEO is also limited by size of cannister, not just the stregth of the spray. I have never heard that you HAD to buy it in NYS, just that it had to conform to NYS requirements.
Link Posted: 9/28/2005 12:49:45 PM EDT
As a practical matter I doubt that you would be able to find a NYS approved OC spray for sale outside of NYS.
Link Posted: 9/28/2005 1:28:05 PM EDT
I have always found that the 5.5 % stuff works just fine; the stronger stuff just means more decon time.
Link Posted: 9/28/2005 2:44:08 PM EDT
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