Noxious materials

With the exception of self-defense spray as defined elsewhere, the possession of any chemical agent designed to incapacitate a person is unlawful in New York state.

It is lawful to sell but only designated peace officers may lawfully purchase and possess it.

Possession of a substance whose sole purpose is to incapacitate a person is presumptive evidence of intent to use it against a person.

The maximum penalty for conviction of this offense is a fine of $500 and three months in jail. Use of an unlawful substance or device may also carry civil liabilities which vary from case to case.

NYS Penal Law Section 270.05

Unlawfully possessing noxious material.

1. As used in this section, "noxious material" means any container which contains any drug or other substance capable of generating offensive, noxious or suffocating fumes, gases or vapors, or capable of immobilizing a person.

2. A person is guilty of unlawfully possessing noxious material when he possesses such material under circumstances evincing an intent to use it or to cause it to be used to inflict physical injury upon or to cause annoyance to a person, or to damage property of another, or to disturb the public peace.

3. Possession of noxious material is presumptive evidence of intent to use it or cause it to be used in violation of this section.

4. Bank security devices not prohibited. Notwithstanding the provisions of subdivision one* of this section, it shall not be unlawful for any bank, national banking association, trust company, savings bank, savings and loan association, industrial bank, or credit union to store, possess, transport, use or cause to discharge any bank security device as described in subdivision one of section 270.00 of this chapter; nor shall it be unlawful for any manufacturer, wholesaler, dealer, jobber or common carrier to manufacture, store, possess, transport, or sell such a device to banks, national banking associations, trust companies, savings banks, savings and loan associations, industrial banks or credit unions.

*so in original. Probably should be "two."

Unlawfully possessing noxious material is a class B misdemeanor. (Added by L. 1978, chap. 286, eff. 6/19/78.