Bloomberg's Anti Gun Laws Work...

[DirtyDigz 1,812]

Would it be illegal in NJ?

 

New Jersey Statutes - Title 2C The New Jersey Code of Criminal Justice - 2C:39-1 Definitions.

f. "Firearm" means any handgun, rifle, shotgun, machine gun, automatic or semi-automatic rifle, or any gun, device or instrument in the nature of a weapon from which may be fired or ejected any solid projectable ball, slug, pellet, missile or bullet, or any gas, vapor or other noxious thing, by means of a cartridge or shell or by the action of an explosive ...

 

That's defining what a firearm is, not that anything that meets that definition is necessarily illegal. Airsoft also meets this definition, yet somehow they aren't regulated as firearms in NJ.

 

There is a statute specifically allowing "discomfort dispensing devices". The Kimber pepper blaster does meet the "<3/4 ounce" rule.

 

New Jersey: 2C:39-6i

 

Any non-felon 18 or over may possess for the purpose of self-defense “one pocket-sized device which contains and releases not more than three-quarters of an ounce of chemical substance not ordinarily capable of lethal use or of inflicting serious bodily injury, but rather is intended to produce temporary physical discomfort or disability through being vaporized or otherwise dispensed in the air”.

[mikelets456 78]

Thanks... I came across that when looking into the legality of the Pepper Blaster in NYC.

 

Ran across this... even more confusing and typical NJ "fill in the blank" laws:

 

More Details on New York Self Defense & Pepper Spray Regulations

It is legal to carry defense sprays in NY, but they must be purchased within the state. Pepper spray can not legally be mailed to any city or county in New York. Most other parts of the country do allow for these products to be shipped in, so people who live in nearby states may legally have pepper spray delivered by mail.

The only type of self defense spray that can be mailed into New York is animal pepper spray, which is used to ward off an attack from a vicious beast. Animal spray is a powerful weapon that contains Oleoresin Capsicum (OC) to temporarily stop even the largest wild attacker. These sprays are intended to temporarily stun an animal and give you the opportunity to escape, and may only be lawfully used for personal protection purposes. Although New York is most often thought of as an urban area where attack dogs may be the only animal threat, there are also plentiful rural zones where a dangerous encounter with wildlife may occur.

There are regulations about how much mace or pepper spray (intended for humans) a New York resident may purchase and carry. It is only legal to buy a can of safety spray that is small enough to fit inside a standard pocket. State law about purchasing pepper spray in New York declares that each person may only purchase two canisters during any transaction.

Pepper spray may only be used to defend yourself against an attacker. Each canister must have a label that declares it is for self defense purposes only. Any other use of a personal spray is illegal and punishable by law. People living in or visiting cities such as Queens, Brooklyn, the Bronx or any other NY city may wonder where to buy a defense spray for their own protection. Only a fully licensed firearms dealer or pharmacist is permitted to sell pepper spray in the Empire state, and before a purchase can be finalized the buyer must sign a form that affirms they are 18 years or older and have no felony convictions.

 

http://www.pepper-spray-store.com/relatedinfo/new-york-laws.shtml

[Krdshrk 3,877]

Bluh.. wtf with safety labels? No, I don't see that on my pepper blaster. But seriously - if you're worried about a stupid idiot warning label, why bother?

[DirtyDigz 1,812]

Bluh.. wtf with safety labels? No, I don't see that on my pepper blaster. But seriously - if you're worried about a stupid idiot warning label, why bother?

 

I'm not questioning whether it makes "sense", I'm questioning whether it's legal, as in would I get charged for using it in an otherwise legal use.

 

One could just as well say "if you're worried about a stupid bayonet lug, why bother?".

[Krdshrk 3,877]

I don't know whether slapping a label on it or not will count for anything....

[mikelets456 78]

I don't know whether slapping a label on it or not will count for anything....

 

My gun does not have a safety warning... Hence, the reason it is illegal in NYC

[voyager9 3,434]

I don't know whether slapping a label on it or not will count for anything....

 

Sure it will.. it draws them in range.

Attacker: "Does that Mace have a label?"

Me: "Sure it does. Here, look...."

Attacker: <Looks closer, wide-eyed>

Me: <bzzzzzzzzzt>

Attacker: "AHhhhhhh!"

[woodentoe 14]

Pepper spray legal to carry in NYC must be purchased at an authorized retailer in New York City. Authorized retailers are: gun shops, pharmacies that meet some requirement and vendors licensed directly by the City. Also:

 

(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.

 

It doesn't say anything about brand or type or anything. I've held off buying a pepper blaster because I commute to manhattan and if I'm going to carry something i need it to be legal.

[DirtyDigz 1,812]

Woodentoe, I don't see how the paragraph you cited requires that the pepper spray must be purchased in NY to be legal; it only regulates how dealers in NY can sell it.

[NicePants 58]

I don't get why the hell NYC is also regulating the purchasing of pepper spray. Are they paranoid that there's going to be a mass-peppering or something?

[Krdshrk 3,877]

I don't get why the hell NYC is also regulating the purchasing of pepper spray. Are they paranoid that there's going to be a mass-peppering or something?

 

[mikelets456 78]

 

Campus police were spraying the occupiers to make them smell better....

[woodentoe 14]

Woodentoe, I don't see how the paragraph you cited requires that the pepper spray must be purchased in NY to be legal; it only regulates how dealers in NY can sell it.

 

It doesn't. I didn't post the entire statute. My pasting was only the part about licensed vendors. You can NOT bring pepper spray purchased out of NYS into NYS for any reason. There has to be a record of your purchase at an authorized dealer inside NYS.

[CMJeepster 2,778]

Spray is for sale off the shelf in NJ.

[DirtyDigz 1,812]

It doesn't. I didn't post the entire statute. My pasting was only the part about licensed vendors. You can NOT bring pepper spray purchased out of NYS into NYS for any reason. There has to be a record of your purchase at an authorized dealer inside NYS.

 

I would really like to see the portion of the statute that forbids pepper spray not purchased in NYS from being possessed in NYS. I have not been able to find it, and doubt that it exists.

 

Edit: and I mean statute, the actual law, not a cut 'n paste editorial from a site selling pepper spray.

[woodentoe 14]

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.

© 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.

[DirtyDigz 1,812]

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."

 

That's part of the text of the label that's required to be on the device, but it's not law in of itself. Look at the words in red. In my reading, it's just a reinforcement of the law that **in NYS**, only authorized dealers can sell it.

 

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.

 

That's the exemption for possession and sale of the devices by dealers or pharmacists.

 

I don't see anything, outside of the label text, which is a requirement for a message to be on the device, and not by itself actual law, that says possession is illegal if obtained outside NYS.

[woodentoe 14]

I read posesession and Sale as being separate. Maybe my mistake but Posession is contingent by the subsection:

 

(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.

 

If the possession is contingent on a form from an approved vendor, where can one buy out of state that would satisfy the requirement? I assume this is why NO out of state vendors will ship to New York State. If you're right, it's a load off my mind. If you're wrong, it's the stripey hole for me when I get pinched.

[DirtyDigz 1,812]

It definitely could be clearer, but my interpretation is as follows:

 

- If pepper spray is purchased in NYS, it can only be from an authorized dealer after verifying purchaser is over 18 and collecting and submitting sworn form that purchaser is not a felon, etc.

 

- Possessor must be over 18, not a felon in NYS, or convicted of a crime outside of NYS which would be a felony in NYS.

 

- Pepper spray device has to have "the label"

 

What is not mentioned in the statue is that NYS can not regulate the sale of pepper spray outside NYS. And there appears to be no specific clause in the statute that says pepper spray NOT purchased in NYS is illegal, assuming the previous conditions are met. There is nothing that I see that says "if you possess pepper spray without having a paper trail back to a NYS-authorized vendor, it's not an exempted possession".

 

Edit, just noticed this part:

 

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.

 

So maybe the outlaw of "non-NYS-pepper spray"is in the Dept. of Health standards/regulations?

[woodentoe 14]

However, the NYS department of health issues the approved properties of the spray:

© 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.

Yet, there is nothing to indicate what type of spray is approved byt the DEPT of Health other than that the sprays sold in NYS are done so through dealers licensed to sell the sprays legally.

[Qel Hoth 33]

I read posesession and Sale as being separate. Maybe my mistake but Posession is contingent by the subsection:

 

(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.

 

If the possession is contingent on a form from an approved vendor, where can one buy out of state that would satisfy the requirement? I assume this is why NO out of state vendors will ship to New York State. If you're right, it's a load off my mind. If you're wrong, it's the stripey hole for me when I get pinched.

 

I would agree with your interpretation. It's much like the NJ handgun ammo law, you must have a FID to RECEIVE handgun ammo in NJ, but if you received it out of NJ, you are already in possession of the ammo when you return to NJ and are allowed to possess it without a FID.

 

Based on the quotes above, you must fill out the form any buy from a dealer, IF in NYS. Outside of NYS the spray only needs that label. As always IANAL.