New York Firearms Forum banner
1 - 13 of 13 Posts

·
Registered
Joined
·
3 Posts
Discussion Starter · #1 ·
I sometimes have to stay in a hotel on business trips in upstate and NYC. I see residents can legally carry OC spray. I am a PA resident. Am I legally allowed to carry a knife with a less than 4 inch blade and a 4 c maglight? The last trip had some sketchy acting individuals in the hotel. Can I keep a baseball bat or walking stick in my vehicle and hotel?
 

·
Registered
Joined
·
245 Posts
You also mentioned oc spray. I take it you meant a personal protection pepper spray. They are illegal in some counties and controlled by % and volume. Mace is illegal except for police. A little known fact is that it can only lawfully be possessed in the county it was purchased in.
 

·
Super Moderator
Joined
·
3,251 Posts
You also mentioned oc spray. --- A little known fact is that it can only lawfully be possessed in the county it was purchased in.
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
 
  • Like
Reactions: Oldsig

·
Registered
Joined
·
245 Posts
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.
 

·
Registered
Joined
·
245 Posts
I can refer you to this site which reviewed the law and states you cannot ship from OOS or between counties and cities within NY. I am not a lawyer and the definition of “ship v transport” may be vague and open to interpretation by a judge. Keep your receipt.
 

·
Super Moderator
Joined
·
3,251 Posts
I can refer you to this site which reviewed the law and states you cannot ship from OOS or between counties and cities within NY. I am not a lawyer and the definition of “ship v transport” may be vague and open to interpretation by a judge. Keep your receipt.
I understand the transport/shipping part. The state penal law says only an FFL or a Pharmacist that is licensed to dispense may sell pepper spray and they must record personal info about the purchaser. My daughter is a state registered Pharmacist but she isn't licensed to dispense pepper spray. I just have never seen nor heard of a county restriction.
 

·
Registered
Joined
·
245 Posts
I understand the transport/shipping part. The state penal law says only an FFL or a Pharmacist that is licensed to dispense may sell pepper spray and they must record personal info about the purchaser. My daughter is a state registered Pharmacist but she isn't licensed to dispense pepper spray. I just have never seen nor heard of a county restriction.
I fully agree. The penal law should be transparent. In the very least it should reference the direct DOH and/or NYSP references where it cited they had a decision process.
Did you think the article sufficiently detailed the topic?
IMHO, I do not see the authorized vender or record keeping checks being enforced by NYSP. But as said, before a judge, it’s a whole another game.
And so, my whole point here is not to over rationalize it, just understand that there is more to it than meets face value. I’d caution travelers such as Sloher who raised the question that transport either interstate or between counties in NY can be enforced differently in different jurisdictions. Please be safe and never put yourself into a situation needing any type of self defense device - things never end well.
 
1 - 13 of 13 Posts
Top