Res. No. 1050
Resolution calling on the New York State Legislature to pass, and the Governor to sign, S.4922A, in relation to the sale and possession of self-defense spray devices in New York State
By Council Members Vernikov and Morano
Whereas, Self-defense spray devices provide people with a non-lethal means of protection that can be critical in deterring or escaping an attack; and
Whereas, While the possession of pepper spray is lawful in New York State, outdated restrictions on who may sell it and whether it can be shipped within the state limit availability for those who may need it most; and
Whereas, Current rules that confine sales to a narrow category of licensed firearms dealers and pharmacists create unnecessary barriers and reduce the ability of New Yorkers to lawfully obtain self-defense spray devices; and
Whereas, New York is among only four states that ban the online purchase and home delivery of pepper spray, a restriction that poses significant access challenges, particularly for people in rural communities who may not live in close proximity to a licensed retailer; and
Whereas, Concerns about personal safety, particularly violence directed at women, highlight the importance of ensuring access to tools for self-defense; and
Whereas, Reports indicate that some women, unable to access pepper spray through legal channels, resort to purchasing products from unregulated vendors according to Safely; and
Whereas, Purchasing from unregulated vendors is illegal and exposes people to potential harm from untested or unsafe products with no assurance of their contents or effectiveness; and
Whereas, No one should be forced to choose between complying with the law and ensuring their own safety, and New Yorkers deserve reliable and lawful access to legitimate self-defense tools; and
Whereas, S4922A sponsored by State Senator Jessica Scarcella-Spanton, amends the penal law to expand access to self-defense spray devices within New York State; and
Whereas, This legislation removes the restriction that only licensed firearms dealers and licensed pharmacists authorized by the superintendent of state police may sell such devices; and
Whereas, The bill also permits the shipping of self-defense spray devices within the state, thereby modernizing and simplifying distribution; and
Whereas, The measure repeals existing provisions of law that unnecessarily limit the sale and possession of self-defense spray devices; and
Whereas, Modifying New York’s laws to expand safe, lawful access to self-defense spray devices would remove unnecessary barriers, reduce reliance on unsafe alternatives, and ensure that all New Yorkers, especially those who are vulnerable, have a fair opportunity to protect themselves with effective, regulated tools; now, therefore, be it
Resolved, That the Council of the City of New York calls on the New York State Legislature to pass, and the Governor to sign, S.4922A, in relation to the sale and possession of self-defense spray devices in New York State.
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LS#20323
9/3/25