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Pepper spray would be easier to get under NY bill

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Last updated: March 30, 2026 10:07 am
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Published: March 30, 2026
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ALBANY – New York’s baffling laws restricting the sale of pepper spray would be loosened under a bipartisan measure being pushed by pols in Albany.

Despite fears about crime in New York, state law makes it illegal to ship pepper spray to anyone in the Empire State, and the self-defense devices are only currently allowed to be peddled by licensed gun shops and pharmacies.

A bipartisan bill sponsored by state Sen. Jessica Scarcella-Spanton (D-Staten Island) and Assemblymember Chris Eachus (D-Orange) would eliminate the ban on shipping pepper spray and open up sales to other businesses.

State legislators are pushing to legalize shipping pepper spray to New Yorkers from out of state and opening up sales to more retailers. New Africa – stock.adobe.com

“I think it’s just a very simple non-lethal safety measure,” Scacella-Spanton told The Post.

She said it doesn’t make sense these days that current laws make it harder to obtain legal pepper spray.

“This is just to make it a little bit easier so people have a way to protect themselves when they’re out and about,” the Staten Island pol said of the bill.

The proposed law would allow the New York State Police to fine-tune regulations about how pepper spray is sold but also would stipulate that it can be shipped to people in the state by online retailers.

It would prohibit sales to people younger than 18 and to anybody with a felony record.

Staten Island state Sen. Jessica Scarcella Spanton is sponsoring a bill that would loosen restrictions on pepper spray. Brigitte Stelzer for NY Post

“We don’t want to have this in the hands of kids, but we want to make sure that adults who are out and about feel safer when they’re out,” Scarcella-Spanton said.

Eachus added, “I’ve heard from numerous folks, not just women, but numerous folks that say that’s great because some people have a fear of getting on subways, have a fear getting on trains, have a fear of being in crowded places.

“And even though they won’t use the pepper spray, perhaps just having it right there with them makes them feel a lot more secure.”

Under current law, only licensed gun dealers and pharmacists can legally sign up with the state police to sell pepper spray – something that would be scrapped under the new policy.

The proposed law would allow the New York State Police to fine-tune regulations about how pepper spray is sold but also would stipulate that it can be shipped to people in the state by online retailers. Creative Cat Studio – stock.adobe.com

Assemblyman John McDonald (D-Albany), a licensed pharmacist who cosponsored the bill, said it makes sense to open up sales.

“I can tell you that pharmacies are not fighting to keep their turf when it comes to pepper spray,” McDonald told The Post.

It’s unclear what, if any, resistance the measure may face this year. The bill has never advanced beyond committee.

State Senate Majority Leader Andrea Stewart-Cousins (D-Westchester) was unfamiliar with the issue when asked about the matter at an unrelated press conference earlier this year but didn’t express resistance to addressing it.

“We have not had any conversation about pepper spray,” the Democratic leader said at the time.

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