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American Focus > Blog > Crime > Pepper spray would be easier to get under NY bill
Crime

Pepper spray would be easier to get under NY bill

Last updated: March 30, 2026 5:40 am
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Pepper spray would be easier to get under NY bill
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ALBANY – Lawmakers in Albany are advocating for a bipartisan initiative to ease New York’s perplexing restrictions on pepper spray sales.

In New York, despite concerns over crime, current legislation prohibits shipping pepper spray to residents, allowing sales only through licensed gun shops and pharmacies.

A bipartisan proposal introduced by state Sen. Jessica Scarcella-Spanton (D-Staten Island) and Assemblymember Chris Eachus (D-Orange) seeks to lift the ban on shipping pepper spray and expand sales to additional retailers.

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

Scarcella-Spanton described the measure as “a very simple non-lethal safety measure,” arguing it is illogical for laws to make accessing legal pepper spray more challenging.

The Staten Island politician explained, “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 proposed legislation would allow the New York State Police to adjust regulations on pepper spray sales and permit online retailers to ship to state residents.

Sales would be prohibited to individuals under 18 and those with felony records.

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

Scarcella-Spanton emphasized, “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.”

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.”

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Currently, only licensed gun dealers and pharmacists can register with the state police to sell pepper spray, a requirement the new policy would remove.

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 supports the bill, remarked that expanding sales is logical.

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

It remains uncertain what opposition the measure might encounter this year, as the bill has never progressed beyond the committee stage.

State Senate Majority Leader Andrea Stewart-Cousins (D-Westchester) was not familiar with the issue when questioned at an unrelated press conference earlier this year but showed no opposition to discussing it.

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

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