Relates to the sale and possession of self-defense spray devices in the state; repealer

Summary

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; provides that no more than two self-defense spray devices may be sold at any one time to a single purchaser; repeals certain provisions of law relating thereto.

Summary from NY Open Legislation. How we handle summaries

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Purpose, from the sponsor's memo

Section one would amend paragraph 14 of subdivision (a) of section 265.20 of the penal law to add a definition of "self-defense spray," permit the use of the spray under certain justified circumstances with exceptions, and require that under the regulations developed by the department of health, with the cooperation of the division of criminal justice services and the superintendent of state police, self-defense sprays shall not contain more than 1.33% by weight total capsaicinoids; require that regulations include a WARNING with specified language that the spray may not be used for any purpose other than self-defense, and that every spray must be accompanied by an insert with directions for use, first aid, and safety and storage; Before delivery, seller must require proof of age; no more than two sprays may be sold at any one time to a single purchaser. Section 2 would repeal paragraph 15 of subdivision (a) within section 265.20 of the penal law Section three would set the effective date. DIFFERENCE BETWEEN A PRINT AND B PRINT: The B print makes an amendment to require that the rules and regulations developed by the department of health, with the cooperation of the divi- sion of criminal justice services and the superintendent of state police to include that a self-defense spray not contain more than 1.33 percent by weight total capsaicinoids, and this also removes the possibility of permitting shipping self-defense sprays within the state. JUSTIFICATION:: Self-defense spray devices, such as pepper spray, can be a powerful tool against attackers. With the threat of violence against women remaining a concern, giving people a non-lethal tool to defend themselves from their would-be attackers and escape from the situation could be lifesaving. Pepper spray is legal in New York state, but there are numerous restrictions. One of these restrictions prohibits anyone other than a very narrow group of licensed professionals from selling these devices. These specific restrictions create a barrier that could prevent people from being able to defend themselves. PRIOR LEGISLATIVE HISTORY:: 2023-24: referred to codes (A8140) FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:: To be determined. EFFECTIVE DATE:: This act shall take effect immediately.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Where it stands

Passed the legislature and is awaiting a signature.

Codes · New York State Assembly

Also referred to Codes · New York State Senate.

Recorded votes

• Vote: Floor vote

  NY SenateMay 29, 2026Result: passedSenate vote on A1838, the matching Assembly bill.

  Voted yes (58)Voted no (0)Voted present (0)Absent (5)

  See member positions for the vote on May 29, 2026 (Floor vote)

• Vote: Committee vote · Codes

  Senate CodesMay 18, 2026Result: passed

  Voted yes (13)Voted no (0)Voted present (0)Absent (0)

  See member positions for the vote on May 18, 2026 (Committee vote · Codes)

Full history

1. May 29, 2026

   3RD Reading CAL.1138

   3RD READING CAL.1138

   NY Senate

2. May 29, 2026

   Sent to the executive

   DELIVERED TO SENATE

   NY Assembly

3. May 29, 2026

   Passed a chamber

   PASSED ASSEMBLY

   NY Assembly

4. May 29, 2026

   Passed a chamber

   PASSED SENATE

   NY Senate

5. May 29, 2026

   Referred to committee

   REFERRED TO CODES

   NY Senate