Can you cite the penal code that you can only possess in the county it was purchased in? I have never heard of this nor have I found this with an internet search. Thanks
I’ll have to go back to the department of health site and find the exact reference.
The Pl does say:
(c) 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:
The reason I do know this is that someone I know was in a situation and had to go to court, she was charged with possessing noxious material since the officer was not familiar with the exemption. The judge took issue with the fact it was purchased in a neighboring county. The charge was conditionally dismissed rather than dropped. It’s the department of health standard that does not appear in plain law that they can hit you with rather than say they falsely arrested you.
Edit: I did a quick check of NYS DOH Part 54 and didn’t see it. I’ll have to see if it was by a county DOH standard rather than state.