Is Pepper Spray Legal in NY? New York Rules on Carrying and Buying in 2026
Short answerYes. Adults 18 and older with no New York felony or assault conviction can legally carry and use pepper spray for self-defense under Penal Law § 265.20(a)(14). The spray must meet state size and strength rules, and sellers must check your age.
Last verified: October 27, 2026 against Penal Law § 265.20, 10 NYCRR Part 54, 9 NYCRR Part 474 and the status of Senate Bill S4922-B
Is pepper spray legal in NY? Yes, but New York is stricter than most states. The law treats pepper spray as a “self-defense spray device” and allows it only for people who qualify, only in a limited size and strength, and only when bought from an authorized seller. This page covers who can carry it, what the spray must look like, where to buy it and what happens if you misuse it. It is general information, not legal advice.
Key facts
- Minimum age: 18. The legal exemption does not cover anyone under 18.
- Who is barred: anyone with a New York felony or assault conviction, or an out-of-state conviction that would be a felony or assault here.
- Active ingredient: oleoresin capsicum only, up to 0.7 percent capsaicinoids by weight.
- Size: no more than 0.75 ounces net weight, with a safety device and sealed, tamper-proof packaging.
- Where to buy: a licensed firearms dealer, a licensed pharmacist or another vendor approved by the State Police.
- Limit: two devices per purchase.
- New York City: the same state rules apply.
Is pepper spray legal in New York State?
Yes, for eligible adults. Penal Law § 265.20(a)(14) exempts possessing a self-defense spray device to protect yourself or your property, and using it when force would be justified under Penal Law Article 35. The statute defines it as a pocket-sized spray that releases a chemical meant to cause temporary discomfort or disability, including tear gas or pepper.
The exemption does not apply to anyone under 18. It also does not apply to a person who has a prior New York felony or any assault conviction, or an out-of-state conviction that would be a felony or assault in New York.
Is mace legal in NY?
Mace is a brand name, and it is treated like other self-defense sprays. The state rule for permitted devices allows oleoresin capsicum, the hot pepper extract, as the only active ingredient, so a spray that relies on another chemical does not meet the standard. Check the label before you buy.
What kind of pepper spray is allowed in New York?
Only sprays that meet the Department of Health rule in 10 NYCRR Part 54. The Department sets the standards under Penal Law § 265.20(a)(14), and the rule has five parts.
| Requirement | Rule |
|---|---|
| Active ingredient | Oleoresin capsicum and no other active substance |
| Strength | Capsaicinoids up to 0.7 percent by weight |
| Size | Net weight up to 0.75 ounces |
| Design | A safety device, sealed tamper-proof packaging, no camouflage or disguised container |
| Label | A warning that using it for anything other than self-defense is a criminal offense |
Large bear spray canisters are bigger than 0.75 ounces, so they are not a self-defense spray device under this rule. Pepper gel is not named in the statute, so ask the seller whether a gel product meets the same standards.
How and where can you buy pepper spray in NY?
Only from an authorized seller. Under Penal Law § 265.20(a)(15), sales are limited to licensed firearms dealers, pharmacists licensed under Education Law Article 137, and other vendors approved by the State Police superintendent.
Before handing over the spray, the seller must check proof of age and get a sworn statement that you have no felony or assault conviction. The rule is repeated in 9 NYCRR 474.3. No more than two devices may be sold to one buyer at a time. Each package must include directions, first aid information and a toll-free number for local self-defense training.
Buying online: the statute does not say how an online order works, but it requires the age check and sworn statement before delivery. Many out-of-state sellers do not ship to New York for that reason. Ask the seller to confirm it is an authorized New York vendor before you pay.
Is pepper spray legal in New York City?
New York City follows the state rule. We found no separate city permit or city ban for pepper spray that differs from Penal Law § 265.20, so an eligible adult can carry a compliant spray in Manhattan, Brooklyn, Queens, the Bronx and Staten Island. Schools, courts and private venues may still set their own rules.
When is pepper spray illegal in NY?
It becomes illegal when the person or the product does not qualify. If you are under 18, have a disqualifying conviction or carry a spray that does not meet the state standard, the legal exemption may not protect you.
- Using it without justification: the exemption covers use only when force would be justified under Article 35. Spraying someone to cause injury can be charged as assault. Third degree assault is a class A misdemeanor under
Penal Law § 120.00. - Carrying it to use against someone unlawfully:
Penal Law § 265.01(2)makes possessing a dangerous or deadly instrument with intent to use it unlawfully against another a class A misdemeanor (the same rule reaches daggers and machetes, as our New York knife laws page explains), which carries up to 364 days in jail underPenal Law § 70.15.
What is pending in Albany?
Senate Bill S4922-B would cap capsaicinoids at 1.33 percent by weight, drop the sworn statement requirement and tell the Department of Health to write rules that allow shipping and sale within the state. It keeps the age check and the two-device limit. It was introduced February 14, 2025, and was recommitted to the Senate Codes Committee. As of October 27, 2026, the bill page shows no passage in either house, so the current rules still apply. The Assembly version is A1838.
What to do if you are stopped or charged
Stay calm, keep your hands visible and tell the officer where the spray is. Keep the receipt or package showing where you bought it. If you are charged, do not explain how you got the spray before you speak with a New York-licensed criminal defense attorney.
Frequently asked questions
Is pepper spray illegal in New York?
No. Pepper spray is legal in New York for people 18 and older who have no disqualifying felony or assault conviction. It is illegal if the product does not meet the state standard, or if you use it without justification. Check the label and buy from an authorized seller.
Is pepper spray legal in New York State for felons?
Not for most people with a record. The exemption excludes anyone with a prior New York felony or any assault conviction, or an out-of-state conviction that would be one here. Sellers also take a sworn statement about this before delivery.
Is mace illegal in NY?
No, if it is a self-defense spray that meets the state standard. The rule allows only oleoresin capsicum as the active ingredient, up to 0.7 percent capsaicinoids and 0.75 ounces net weight, in a sealed package with a safety device.
Can you carry pepper spray in your car or purse in NY?
Yes, if you qualify and the spray is compliant. The statute exempts possession for self-defense and says nothing about where it must be kept. Private property, schools and other places may still set their own rules.
How many pepper sprays can you buy in NY?
Two at a time. Penal Law § 265.20(a)(15) says no more than two self-defense spray devices may be sold at any one time to a single purchaser. The seller also checks your age and takes a sworn statement.
What changed on this page
- October 27, 2026: first publication, checked against Penal Law § 265.20, 10 NYCRR Part 54, 9 NYCRR 474.3 and the bill pages for S4922-B and A1838. Spotted a mistake? See our corrections page and editorial policy.
If this affects you
For product or sales questions, ask the licensed dealer or pharmacist, or contact the New York State Police and the Department of Health. For a charge, talk to a New York-licensed criminal defense attorney. The New York State Bar Association lawyer referral service can help you find one. For related rules, read our New York gun laws page or browse guns, knives and self-defense laws.
