Penal Law Sections 265.20 and 270.05 have been amended to permit persons over the age of 18 years, and who have not been convicted of a felony or a crime of assault, to purchase and possess a self-defense spray of a type authorized by regulations of the department of health. The Department of Health has promulgated regulations which define what self-defense sprays may be legally possessed.
Any spray containing tear-gas remains illegal.
Self-defense sprays are further limited by the Department of Health to a maximum net weight of three quarters ounce, and a maximum strength of 0.7 per cent by weight of total capsaicinoids. The canister must not be disguised in a manner so as appear to be something other than a self-defense spray.