Posted: 9/25/2011 1:40:15 PM EDT
| is it legal to have in new york? |
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Quoted:
Yes, but it has to be under a certain size, and you have to buy it in NYS from an FFL or pharmacist, and there's a form to fill out. You can't bring it in from another state. Standard NYS crap... Only FFLs and Pharmacies are allowed to sell it in New York. The size requirement is correct. There are also restrictions on chemical ingredients and their concentrations, device appearance and age of the purchaser. Please provide citations for the Red and Blue. |
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Quoted:
Quoted:
Yes, but it has to be under a certain size, and you have to buy it in NYS from an FFL or pharmacist, and there's a form to fill out. You can't bring it in from another state. Standard NYS crap... Only FFLs and Pharmacies are allowed to sell it in New York. The size requirement is correct. There are also restrictions on chemical ingredients and their concentrations, device appearance and age of the purchaser. Please provide citations for the Red and Blue. http://www.google.com/search?gcx=w&sourceid=chrome&ie=UTF-8&q=new+york+pepper+spray+laws |
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Quoted:
Quoted:
Yes, but it has to be under a certain size, and you have to buy it in NYS from an FFL or pharmacist, and there's a form to fill out. You can't bring it in from another state. Standard NYS crap... Only FFLs and Pharmacies are allowed to sell it in New York. The size requirement is correct. There are also restrictions on chemical ingredients and their concentrations, device appearance and age of the purchaser. Please provide citations for the Red and Blue. http://www.google.com/search?gcx=w&sourceid=chrome&ie=UTF-8&q=new+york+pepper+spray+laws Thanks for that.... 
What puts the burden on the buyer to purchase from a licensed dealer? |
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Quoted: What puts the burden on the buyer to purchase from a licensed dealer? Arrest and prosecution for unlawful possession of a noxious material? Is this a trick question?  § 270.05 Unlawfully possessing or selling noxious material. .................. 5. Self-defense spray devices not prohibited. Notwithstanding the provisions of subdivisions two and three of this section, it shall not be unlawful for a person eighteen years of age or older to possess a self-defense spray device as defined in paragraph fourteen of subdivision a of section 265.20 of this chapter in accordance with the provisions set forth therein. |
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What puts the burden on the buyer to purchase from a licensed dealer? Arrest and prosecution for unlawful possession of a noxious material? Is this a trick question?
§ 270.05 Unlawfully possessing or selling noxious material. .................. 5. Self-defense spray devices not prohibited. Notwithstanding the provisions of subdivisions two and three of this section, it shall not be unlawful for a person eighteen years of age or older to possess a self-defense spray device as defined in paragraph fourteen of subdivision a of section 265.20 of this chapter in accordance with the provisions set forth therein. I see possession and sale, but not purchase? 265.20(14) doesn't cover purchase from an unlawful seller. You would still be in compliance with 270.05 and 265.20 and in lawful possession. |
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Quoted: I see possession and sale, but not purchase? 265.20(14) doesn't cover purchase from an unlawful seller. You would still be in compliance with 270.05 and 265.20 and in lawful possession. From what I recall you need to read the entire 265.20 section on defense sprays and not just the one statute I listed. Remember this is NY where nothing is crystal clear or cut and dried. |
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Quoted:
I see possession and sale, but not purchase? 265.20(14) doesn't cover purchase from an unlawful seller. You would still be in compliance with 270.05 and 265.20 and in lawful possession. Keep in mind 9 NYCRR 490 on anything else related to OC sales, etc that you don't see under PL 265 or 270 |
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Quoted: Keep in mind 9 NYCRR 490 on anything else related to OC sales, etc that you don't see under PL 265 or 270 That's why you need to read the entire 265.20 exemptions related to self-defense sprays. I still recommend carrying around a frozen leg of lamb fro self defense purposes instead of an ineffective NY approved spray. (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. <snip> |