STATE OF NEW YORK
        ________________________________________________________________________

                                          9922

                    IN SENATE

                                     October 2, 2024
                                       ___________

        Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the penal law, in relation to  exemptions  for  self-de-
          fense spray devices

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subparagraph (b)  of  paragraph  14  of  subdivision  a  of
     2  section  265.20 of the penal law, as added by chapter 354 of the laws of
     3  1996, is amended to read as follows:
     4    (b) The exemption under this paragraph shall not  apply  to  a  person
     5  who:
     6    (i)  is  less than eighteen years of age, unless the minor is at least
     7  sixteen years of age and has been granted an order of protection or  has
     8  been  the  victim  of  a crime, including where a criminal proceeding or
     9  investigation is still ongoing, but the  disposition  of  such  investi-
    10  gation shall not preclude such minor from lawfully possessing a self-de-
    11  fense spray device; or
    12    (ii)  has  been  previously convicted in this state of a felony or any
    13  assault; or
    14    (iii) has been convicted of a crime outside  the  state  of  New  York
    15  which  if committed in New York would constitute a felony or any assault
    16  crime.
    17    § 2. This act shall take effect immediately.




         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16070-02-4