The brutal murder of Christina Yuna Lee, a Korean-American woman who was stalked and killed in her Chinatown apartment, not only sent shockwaves through New York City, it also stoked fear among New Yorkers who commute alone.
That of Lee, a 35-year-old digital marketing producer, is just one of several cases of violence against women in the Big Apple. The streets and public transportation system are no longer safe places as the city grapples with a growing wave of serious crime.
Self defense is beginning to appear as a necessity rather than an option, but what are the legal limits? While some New Yorkers may be tempted to purchase items with which they can defend themselves and buy time during an attack or robbery, New York places restrictions on one of the most common items: pepper spray.
LEGALITY OF PEPPER SPRAY IN NEW YORK
In New York, you can only legally buy pepper spray from a fully licensed pharmacist or firearms dealer, you must be over 18 years of age and have no felony convictions. Also, the size of a New York legal pepper spray canister must fit in a standard pocket, and as a result, larger containers would be illegal.
Before buying pepper spray, buyers must fill out a form stating that they are of legal age and have a clean record.
While some states allow pepper spray to be purchased in most stores or online, New York State is much stricter. This means that it is not something you can buy on Amazon.
New York requires that pepper spray be purchased only through a licensed pharmacy or licensed firearms dealer. Buyers are also limited to two spray cans at a time.
PEPPER SPRAY CONTAINERS THAT ARE LEGAL IN NEW YORK
Pepper spray containers for sale in New York State must include instructions for use, such as safe storage information and first aid instructions. They must also include a toll-free phone number that takes users to self-defense training and safety courses and must state that use of the spray in anything other than self-defense is a criminal offense in New York.
The state allows people to carry pepper spray if the container is pocket-sized and clearly labeled that the spray is for self-defense only.
New York residents cannot purchase the spray in another state and then have it mailed to their home. That is why it cannot be purchased from online stores such as Amazon.
FINES FOR BREACHING LAWS
Although it is generally legal to carry pepper spray in public in New York State, there are limitations. In some cases, the state (and federal government) prohibit concealing pepper spray. For example, commercial airlines do not allow it on planes. If a passenger is caught using pepper spray on a plane, he would be charged with a felony carrying a fine of up to $25,000.
Since September 2001, government agencies, including federal and state establishments, do not allow anyone to bring pepper spray into their buildings. This is the case in all 50 states and the District of Columbia.
Anyone found to be carrying the spray at these facilities can face detention, arrest and penalties, including fines of thousands of dollars.
HOW PEPPER SPRAY WORKS
The ingredients in pepper spray can weaken a person for an hour or more, giving the user enough time to escape an attack. Pepper sprays can be made from water or oil, but in general the active ingredient is OC (Oleoresin Capsicum), an oily resin derived from finely ground chili peppers.
Capsaicin causes irritation. Companies that make pepper sprays measure how irritating their products are using Scoville Units (SHU). Most pepper sprays are in the 2 million SHU range, which is four times as hot as a habanero pepper. A 2 million SHU pepper spray will be effective against any attacker, but users can purchase pepper sprays for up to 5 million SHU.
When pepper spray is sprayed on a person, it immediately affects the mucous membranes of their eyes, nose, and mouth, causing extreme pain. The more exposure they have, the more it will hurt. The inflammatory response of a human being is usually so strong that it will force their eyes to close and cause temporary blindness.
As the spray forces their eyes to close, the affected person will produce significant amounts of tears and mucus, a natural response to protect them against further pain and remove the product from their system. Capsaicin also causes spasms in the individual’s larynx and nerve endings, making it difficult to speak.
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