Posted: 7/15/2009 8:16:21 AM EDT
| I picked up some bear spray for extra defense while fishing and hiking due to the wait on pistol license and noticed something: the concentration on it for OC is only 2%. Is there some kind of law in NYS restricting how strong it can be such that it's only 2% instead of 10-15% like I've seen advertised on other bear sprays? Or have they gotten more efficient and nobody makes 10% anymore? |
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hmm. Guard Alaska Bear spray is advertised everywhere at being 20%. 2% seems real low for a bear considering most human sprays are around 10%. I can't find anywhere in NYS law saying there is a limit on OC in sprays. Here's the excerpt from the law;
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. |
| Upon further research, I see that there's a distinction between strength and concentration. Apparently the strength is uniform: 2% of capsaicin, meaning that max would be 100% meaning there's no water in it, just the molecules. The 2% is rated at 3 million Scoville units, so I guess 100% would be 150 million Scoville...maybe that's too hot to the point of permanent injury and 3 million is enough to hurt like hell and make want to get away from me ASAP. Then the concentration on the bear spray I have is like 10%, meaning that 10% of the contents of that can are the OC solution, the rest being the propellant to launch the stuff, an orange dye to see the cloud in the air to aim it and avoid it yourself, and some kind of sticky stuff they put in the mixture to make the OC stick to whatever you're spraying it at. |
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Quoted: I can't find anywhere in NYS law saying there is a limit on OC in sprays. AFAIK animal defense sprays designed for use against animal attacks are not regulated as they are for PL self defense sprays designed to be used against humans. As always you're on your own to determine what is legal in NYS. 10 NYCRR 54.2 N.Y. Comp. Codes R. & Regs. tit. 10, 54.2 OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK TITLE 10. DEPARTMENT OF HEALTH CHAPTER II. ADMINISTRATIVE RULES AND REGULATIONS SUBCHAPTER D. LABORATORIES PART 54. REQUIREMENTS FOR SELF-DEFENSE SPRAY DEVICES Text is current through May 31, 2008. Section 54.2 Definitions. (a) Camouflaged means designed to have the appearance of an object other than a self-defense spray device. (b) Net weight means the weight of the contents of a self-defense spray device. (c) Oleoresin capsicum means the oleoresin extracted from fruits or plants of the genus Capsicum. The oleoresin contains the active ingredient capsaicin and related compounds classified as capsaicinoids. (d) Safety device means a self-defense spray device feature that is designed to prevent unintentional discharges. (e) Self-defense spray device means 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. 10 NYCRR 54.3 N.Y. Comp. Codes R. & Regs. tit. 10, 54.3 OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK TITLE 10. DEPARTMENT OF HEALTH CHAPTER II. ADMINISTRATIVE RULES AND REGULATIONS SUBCHAPTER D. LABORATORIES PART 54. REQUIREMENTS FOR SELF-DEFENSE SPRAY DEVICES Text is current through May 31, 2008. Section 54.3 Requirements. Every self-defense spray device which is purchased, possessed or used in New York State shall satisfy all of the following requirements: (a) Every self-defense spray device shall contain oleoresin capsicum, and no other substance, as the active ingredient. (b) The contents of every self-defense spray device shall not contain more than 0.7 percent by weight total capsaicinoids. (c) The net weight of every self-defense spray device shall not exceed 0.75 ounce. (d) Every self-defense spray device shall have a safety device. (e) Every self-defense spray device shall be sold in a sealed, tamper-proof package. (f) Every self-defense spray device shall not be camouflaged. (g) 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. (h) Every self-defense spray device shall bear the following label: "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 a person under the age of 18 or by anyone who has been convicted of a felony or assault is illegal. Violators may be prosecuted under the law.'' This label shall appear on the self-defense spray device if the self-defense spray device does not bear the labels required by the California Penal Code pursuant to section 12403.7(a)(5)(B) and by the United States Consumer Product Safety Commission pursuant to 16 Code of Federal Regulationssection 1500. This label shall appear on self-defense spray device packaging materials or the self-defense spray device if the self- defense spray device bears the labels required by California Penal Code pursuant to section 12403.7(a)(5)(B) and by the United States Consumer Product Safety Commission pursuant to 16 Code of Federal Regulations section 1500. 9 NYCRR 474.1 N.Y. Comp. Codes R. & Regs. tit. 9, 474.1 OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK TITLE 9. EXECUTIVE DEPARTMENT SUBTITLE K. NEW YORK STATE POLICE PART 474. SALE OF SELF-DEFENSE SPRAY DEVICES Text is current through May 31, 2008. Section 474.1 Definition. (a) As used in this Part, a self-defense spray device shall have the same meaning as defined in Penal Law, section 265.20(a)(14)(A). (b) As used in this Part, sale shall mean the retail sale of a self-defense spray devide to the public for personal use and does not apply to wholesale distribution between a manufacturer or its representative and a retail vendor authorized below. 9 NYCRR 474.2 N.Y. Comp. Codes R. & Regs. tit. 9, 474.2 OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK TITLE 9. EXECUTIVE DEPARTMENT SUBTITLE K. NEW YORK STATE POLICE PART 474. SALE OF SELF-DEFENSE SPRAY DEVICES Text is current through May 31, 2008. Section 474.2 Persons authorized to sell self-defense spray devices. (a) The persons authorized to sell self-defense spray devices are as follows: (1) dealers in firearms licensed pursuant to Penal Law, section 400.00; and (2) pharmacists licensed pursuant to article 137 of the Education Law. (b) No more than two self-defense spray devices may be sold at any one time to a single purchaser. |