Clarifying Legal Weapons for Self Defense in NY

A General Understanding of Self Defense Laws in NY

In the State of New York, self defense is governed by both statutory laws and common law principles. These laws dictate when a person may use physical force for their defense and the extent of that force. New York law recognizes two forms of self defense: non-violent and violent.
Non-violent self defense is a more relaxed framework. In most cases, the law states that an individual can be lawfully prevented from using physical force if they have the opportunity to avoid the situation or retreat. The broad exception to this rule stems from the "castle doctrine," which allows individuals to maintain a reasonable level of personal safety within their own home, place of business or vehicle.
Violent self defense applies only in instances of a reasonable belief that the potential victim’s life is at risk. This means that the person must believe that they or a third party is in immediate danger of death or serious bodily harm before resorting to any violent means of protection. Furthermore , the law states that violent means of self defense must be proportionate to the threat being faced. For example, a person can defend themselves with deadly force if the threat they face includes the application of deadly force. A person cannot, however, respond to a non-lethal threat with a lethal response.
It is important to note that although the law provides an individual with the right to defend themselves, it does not protect their actions from criminal prosecution. An individual can only rely on self defense if they have no other available means of protection and, in certain instances, the law will not protect them for using excessive force. This means that if a person’s retaliation is deemed to be more violent than the original threat, and thus unnecessary given the circumstances, a prosecutor may file charges accordingly.
Self defense is undoubtedly a complex subject, and the law varies dramatically by jurisdiction. In New York, self defense remains a well recognized doctrine that governs hundreds of criminal cases each year.

Legally Permitted Self Defense Weapons in New York

You are legally permitted to carry the following items in New York for purposes of self-defense:
Item
Description
Approved?
Aerosol Anti-identification Spray (standard, not multi-chem or clubbing type) anti-mugging spray
Yes
Baseball bat
Yes
Chemical mace or tear gas
Yes; must be used in defense of your dwelling, place of business or occupied motor vehicle only
Chemical mace/tear gas canister with a finger holster grip
Yes; must be used in defense of your dwelling, place of business or occupied motor vehicle only
Chemical spray device
No
Ice pick
No
Mattock
No
Metal knuckles
No; even if used as a key chain
Stun gun except one designed to be carried in a person’s pocket or glove compartment of a motor vehicle
Yes
Switchblade knife
No
Aids or devices designed to immobilize or incapacitate a person by the emission of an electrical shock
Yes
Why are any of the above illegal? Because they can cause "physical injury" within the meaning of the criminal law. However, the law distinguishes between deadly or dangerous weapons. For example, both a baseball bat and a stun gun can be dangerous but only the stun gun is a deadly weapon. Nevertheless, the unpermitted item can still lead to a felony arrest.

Prohibited Weapons for Self Protection

Certain weapons are restricted or prohibited altogether in New York when it comes to self defense. The legal reasoning behind these restrictions is that the risk of serious physical injury in itself, and the risk of injury that may be caused by using these weapons, outweighs the safety benefit that may be gained from using them.
For example, gas-powered self-defense weapons such as pepper spray, sprays containing noxious substances, and any spray designed to control movement by odor or irritation are deemed illegal. Most pepper sprays do not have the required special label warning that they are dangerous, and the most common pepper spray products also fall short of the required strength and capacity limits.
Carrying a stun gun or electric shocking device for self defense is another example of a prohibited weapon. In New York, it is unlawful to possess a stun gun or other electric shocking device except in the person’s permanent place of business or residence, or at a lawful outdoor shooting range.
Another security concern of the New York legislature is the sale of tasers. These weapons are prohibited to purchase regardless of what state the purchaser lives in. Tasers shoot barbed metal darts that can penetrate the user’s clothing to fire a small current of electricity. They have 30 second bursts and can store up to 40 cycles of stored darts before they need to be reloaded. Tasers are illegal under state law as weapons, however there is a loophole in federal law that exempts tasers from illegal weapon laws. Tasers can be purchased and shipped across state lines, except in New York.

Purchasing Legal Weapons for Protection

As stated above, the average New Yorker is restricted to defensive weapons like pepper spray and personal alarms. People may be restricted by age and by where they reside, however, as the State’s penal code only permits those who are 16 years old or older to carry certain everyday self defense weapons on their person. Youths under 16 years old may legally use pepper spray, personal alarms and any other non-lethal devices to defend themselves against attacks. Of course, non-lethal does not mean invisible, and if a 15 year old is arrested using pepper spray, for instance, even though it is a non-lethal self defense weapon, they will still be charged with a crime. In those situations, teens should always have an experienced criminal lawyer on their side to avoid having such an incident mar their permanent record.
Both NY Penal Code 265.20(13) and 265.20(14) lists details about how youth under 16 years old may legally use pepper spray and other defensive weapons. There are no requirements listed in either section of the penal code, but there are requirements that accompany these items at the time of purchase. While some of the non-lethal defensive weapons like pepper spray and alarms may be purchased anywhere, including online shops or corner stores, the following guidelines exist for others:
• OC Spray: Persons over 18 must purchase OC pepper spray with a licensed shop where they live. This requires the person to have a notarized document with them showing their identification, for instance, either an ID, military ID, or some other approved identification form.
• Personal Alarms: There are no restrictions to purchasing these items, but the alarm must have a minimum 120 decibel device for maximum sound.
• Pocketknife: A knife with a blade of four inches or less is considered a legal self defense weapon and there are no restrictions like applications or permits required.
• Tear Gas Gun: If a person wants to carry around a tear gas gun, that person will need a concealed carry permit to do so legally. The man or woman must be at least 21 years old and undergo a background check.
• Telescoping Baton: A permit is required to buy this item, which also needs to be renewed every year. Additionally, the applicant must be an armed guard, police officer, private investigator, or private security officer.
Some retailers, like Sabre, also require that legal defensive weapons be used with their company’s training class or be given by law enforcement officials to be considered legal under New York law.
Lastly, even if a person is banned from obtaining a concealed carry permit or has criminal charges pending, they cannot own a stun gun, electric weapon or electronic incapacitation device as it is illegal under Penal Code 265.01(4).

Transporting & Carrying Weapons for Self Defense

A stun gun or taser that is legal to possess can have additional restrictions on its use. While it may be legal for a store owner to keep a taser in the registered business for self defense, transporting the taser outside the place of business could be illegal. Some states prohibit the transportation of non-lethal weapons (such as tasers and stun guns), while other states regulate them as firearms. New York is one of the states that fall into the latter category. To give a brief overview of the related N.Y. laws regarding tasers and stun guns:
● Tasers or stun guns are not legal in New York City , unless you have a license from the New York City Police Department.
● The possession of a taser or stun gun is legal elsewhere in New York State.
New York law regulates tasers and stun guns as firearms contained in article 265.00 of the New York Penal Law. A taser or stun gun falls under the definition of "pneumatic gun" and is prohibited if it can instantly project a projectile or other device capable of injuring a person. It is concluded that tasers and stun guns are regulated as firearms. This means that it is legal to own a taser or stun gun at home and it can be transported within New York State; however, the taser or stun gun cannot be brought within New York City without a license. It can also be determined that New York does not have a license requirement for tasers or stun guns outside New York City.

Penalties for Illegal Use of Defense Weapons

Even in an environment where an attacker chooses to confront their opponent with deadly force, most state laws still permit self defense weapons as legal tools for self defense. These laws generally define the term self defense weapon as any weapon that is reasonably designed and used as a mechanical means of self defense that is designed with the intent to avoid serious injury or death. Law enforcement personnel and judges frequently add the terms positive intent and use. These interpretations require that the owner of the self defense weapon have a positive intent to just scare, not injure or kill, their assailant. As a result, in New York State, most of these weapons are legally owned, sold and carried. However, if the weapons are misused or used to cause physical injuries or death, all the protections of the law fall away and the individual who misuses the weapon will face criminal prosecution where they will be fined or imprisoned. Any use of physical force which would otherwise be lawful is unlawful when it is undertaken for a purpose other than to accomplish a lawful objective. As such, possession for the purposes of classifying these weapons as self defense devices is valid, but once a person misuses the weapon, they are seen as a weapon and can be subject to arrest, imprisonment, fines and civil liability. Inasmuch as the criminal and civil penalties vary, the facts and circumstances of each case must be taken into consideration when analyzing the penalty one may suffer when misusing a self defense weapon.

Safe Alternatives to Weapons for Self Protection

If you do not want to use weapons for your self defense, if you are worried about the potential criminal or civil liability that could befall you if you did, or if you are otherwise barred from carrying weapons (i,e, you’re a convicted felon), New York does offer some, albeit limited, opportunities to defend oneself and/or keep oneself safe and without weapons.
Some of the options available to you, for example, include the use of non-lethal spray devices such as pepper spray or mace. Now, I do have to issue a caveat: there are some very specific rules and regulations surrounding these devices and their use – but these rules are far more limited than many individuals might understand.
For example, the law says that the spray must be a formula for "defensive" purposes only. The statute apparently does not require it to be tear gas, as many people understand the term, it can just be some sort of chemical that you spray into an assailant’s face and will produce various minor irritations in their eyes, in their lungs, etc . The spray must contain 5% of a formulation that induces tearing. The spray must have a range of at least 6 feet and an effective date for at least 30 seconds.
You do not need a license to possess this item, nor do you need a permit or license to carry it. You can even bring it on public transportation. However, although you are allowed to have with you a self-defense type of pepper spray, you may not use it for other than self defense.
The statute does have a few discrete restrictions concerning the sale, transportation, and possession of pepper spray. Some key issues are: pepper spray can’t be sold to a minor; the individual selling it must require presentation of a government-issued picture ID; and there must be a warning on the container. Although less of an issue, there is also an applicability of trespass and tampering laws to this item.
If you take all of these issues into consideration, you are probably very limited in how you can use the item.