Pepper spray in NYC? No paperwork needed?

[random name]

So the other day I went into an authorized pepper spray dealer in NYC (an army/police store) and bought it. Its legal for purchase and possession in NYC, however it must be from an authorized NYC seller or pharmacy.

The issue being, that I was not prompted to fill out any paperwork. To my understanding, you have to fill out paperwork for every transaction involving pepper spray. I also asked the dealer several times, but they said and insisted that I don't need any. I then called a licensed NYC pharmacy and they said that they make you fill paperwork out.

Now what are the rules here? Can I be arrested for carrying it or using it in defense? I don't want to be carrying pepper spray illegally, but is there paperwork required? I just waltzed in and bought it even asking if they needed my ID, which they didn't.

The box specifically says 15% pepper spray too.

 

[Aikibiker]

They make you fill out paperwork for hot sauce in NYC? Seriously?

 

[Kiln]

I'm not sure about New York but most states don't specifically regulate pepper spray at normal strengths.

 

[random name]

I know... NYC is pretty darn strict over everything- possibly even its hot sauce. It says that licensed dealers are supposed to. I'm just not sure if this maybe refers to a tear gas spray vs pepper spray. The law reads this:

"(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."

Just not sure why they kept saying it requires no ID or check.

 

[Kiln]

Wow...

 

[Tom_AZ]

Anything that allows someone to defend themselves must be illegal. If you're a career criminal, it's probably legal.

 

[herkyguy]

This is one of the most absurd things I've ever read.

 

[BSA1]

"(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."

As a retired Governmint bureaucrat I don't not see a requirement for the purchasers name or address or a requirement for the purchaser to complete and sign a form.

The seller must confirm the purchaser is of legal age and the seller must complete a sworn statement to the Governmint for records keeping. The law puts all the responsibility on the seller not the purchaser.

Of course the Governmint in NY can interpret this poorly written law any way they choose which is exactly the point of the law.

 

[230RN]

Hang on to that receipt. If real worried, photocopy or scan it. (I've noticed that some thermally printed receipts decay with age.)

See signature line.

 

[longknife12]

Question, what does NY call 'normal'? Just wondering on the OC content.
Dan

 

[hso]

The law appears to be directed at the seller and not the end user.