14. Possession in accordance with the provisions of this
paragraph of a self-defense spray device as defined herein for the protection
of a person or property and use of such self-defense spray device under circumstances
which would justify the use of physical force pursuant to article
thirty-five of this chapter.
(a) As used in this section "self-defense spray device" shall mean
a pocket sized spray device which contains and releases a chemical
or organic substance which is intended to produce temporary physical discomfort
or disability through being vaporized or otherwise dispensed in the air or any
like device containing pepper or similar disabling agent.
(b) The exemption under this paragraph shall not apply to a person who:
(i) is less than eighteen years
of age; or
(ii) has been previously convicted in this state of a
felony or any assault; or
(iii) has been convicted of a crime outside the state of New York which if committed
in New York would constitute a felony or any assault crime.
(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:
"WARNING: The use of this substance or device for any purpose other than self-defense is a criminal offense under the law. The contents are dangerous - use with care. This device shall not be sold by anyone other than a licensed or authorized dealer. Possession of this device by any person under the age of eighteen or by anyone who has been convicted of a felony or assault is illegal."15. Possession and sale of a self-defense spray device as defined in paragraph fourteen of this subdivision by a dealer in firearms licensed pursuant to section 400.00 of this chapter, a pharmacist licensed pursuant to article one hundred thirty-seven of the education law or by such other vendor as may be authorized and approved by the superintendent of state police.