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What happens if your caught with the wrong pepper spray in NYC or Jersey?

7K views 33 replies 21 participants last post by  Goblin X 
#1 ·
I understand the only legal pepper spray for NYC and Jersey is a miniature, watered down NY legal variety of spray. I don't have any of that type of spray. I use 2 oz and 4 oz magnum sprays that are high potency and can put out a fire. (almost)

If your a tourist and caught in NYC or Jersey with a 2 oz pepper spray what are the consequences? Ticket...confiscation...jail?

I was in NYC less than a week and that was part-time as I stayed in Jersey City. I was surprised to find that NYC and Jersey City seemed very safe. Although I did have a few incidents that could have been iffy. I don't care a bit if my pepper spray is confiscated, I have dozens of cans. But I don't want a big ticket or jail.
 
#3 ·
I don't know about NYC or NJ but I do know about NM. A guy got into a road-rage incident that ended up in a rest stop. One dude sprayed the other at point blank range with bear spray. He was arrested, found guilty, did jail time and paid fines. This was before the person he sprayed sued him in civil court.
If your can is marked "not safe for humans" and you use it on one, charges range from assault or malicious maiming all the way to attempted murder.
 
#4 ·
Just don't set if off by accident, as one NYC doctor who shall remain nameless once did--smack in the middle of a pediatric clinic filled with children with cardiac disease.

Yah, that went over real well.

(Hmmm, that might have been with they came up with the law against cheap crap of unknown provenance.)
 
#6 ·
Depends. Are you visiting or just passing through? If you're visiting they'll probably confiscate and won't worry about charging you. --They have bigger problems to worry about to take a cop off the streets for a couple hours for arrest and booking.

If you're just passing through, probably nothing, but the cop might confiscate.

That being said, if you're being a enough of a douche to attract a cop's attention in NYC, you might get arrested. --You gotta work HARD to get stopped by the cops in NYC.

A couple of ancedotal examples.

I was driving around the financial district in Manhattan, and there is a wierd intersection towards the end of Wall St. I goofed and turned up a one way St, with a cop sitting at the opposite corner, and all he did was honk his horn at me.

In the early 80's a freind went to see some bands play someplace in Alphabet City, and after the show, (@2AM) was riding the subway with freinds back to their place. There was a subway cop sitting a few seats down from them, when one of them pulled out a bag of pot, pulled some out and proceeded to roll a joint while the cop watched. When he went to light it up, the cop warned him not to push his luck.
 
#7 ·
Same problem in calif they have state approved people pepper spray and bear spray sometimes sold on the same shelf at gun stores.

I buy both and keep them together if i am forced to use the bear spray i then hide the can and show the cops the people pepper spray.

On my own property the bear spray is my go to chemical agent.
 
#14 ·
When I lived in the PRK, where your teenage daughter has no legal means of protecting herself, save a good combatives course, I made "black eggs" for both my daughters to carry. At that time, those were a legal "gray" area. After we moved to Texas, I kept them in the car, as they are effective, and completely legal here.
 
#9 ·
NJ:

"i.Nothing in N.J.S.2C:39-5 shall be construed to prevent any person who is 18 years of age or older and who has not been convicted of a felony, from possession for the purpose of personal self-defense of one pocket-sized device which contains and releases not more than three-quarters of an ounce of chemical substance not ordinarily capable of lethal use or of inflicting serious bodily injury, but rather, is intended to produce temporary physical discomfort or disability through being vaporized or otherwise dispensed in the air. Any person in possession of any device in violation of this subsection shall be deemed and adjudged to be a disorderly person, and upon conviction thereof, shall be punished by a fine of not less than $100.00."

Source:
http://law.justia.com/codes/new-jersey/2009/title-2c/2c-39/2c-39-6
 
#10 ·
I was in NYC less than a week and that was part-time as I stayed in Jersey City. I was surprised to find that NYC and Jersey City seemed very safe. Although I did have a few incidents that could have been iffy. I don't care a bit if my pepper spray is confiscated, I have dozens of cans. But I don't want a big ticket or jail.
NYC is very safe.
I am always out all hours and never had an issue. There are some places I don't go, like the North West corner of Washington Square Park because that is where the drug dealers are, they don't bother you but just hate seeing them there. Go where the real natives and long time transplants go, stay out of parks at night.

Oh, I carry pepper spray, better safe than sorry.
 
#13 ·
NYC is very safe.
Go where the real natives and long time transplants go, stay out of parks at night.
I worked with a nurse who at one time worked on the upper East Side and lived on the upper West Side. The only subway route between involves taking 3 trains and going downtown, crosstown, and then back uptown. Time-consumping PITA, especially late at night. Crosstown buses up there pretty much disappear after 1 to 2 a.m. When she got stuck having to come home in the wee-smalls, her rather unique solution was to find a Central Park area police patrol car, bang on the window, and offer the cops in it a choice between possibly finding her body later and having to stay past shift filling out all that damn paperwork, or just giving her a lift across the Park.

She always got a lift. She also ended up dating several cops.
One of my favorite only-in-NYC stories. :D:
 
#18 ·
Pepper spray is legal in all 50 states, but let's say you are looking for an alternative. Maybe for a someone who is under age, and can't legally carry it.

An under-the-radar alternative is to take a ubiquitous Poland Spring with the"Sport cap" (or any other water bottle with that type of cap) and fill it with lemon juice. Use straight lemon juice - undiluted.

The squeezable plastic (usually LDPE), coupled with the sport nozzle with shoot the lemon juice a really good distance. Aim for the eyes, of course.
 
#20 ·
An under-the-radar alternative is to take a ubiquitous Poland Spring with the"Sport cap" (or any other water bottle with that type of cap) and fill it with lemon juice. Use straight lemon juice - undiluted.

The squeezable plastic (usually LDPE), coupled with the sport nozzle with shoot the lemon juice a really good distance. Aim for the eyes, of course.
That's an excellent idea. But maybe dilute it a little (and say that you're drinking it) in case you'd had to use it and they try to sue you for premeditated intent of an improvised weapon.

But if you're not worried about this, then why not get some super hot pepper sauce and dilute it in some water into the same water bottle concept?
 
#33 ·
:rolleyes::rolleyes::rolleyes:
 
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