Any person age 18 or over in the state of New York can legally possess pepper spray or another self-defense spray device. It must be purchased in person from a licensed firearm retailer, and the seller must keep a record of the purchase, under New York Penal Code 265.20 14(a).
Before the purchase of pepper spray, the New York Penal Code requires proof of age as well as a sworn statement. The statement must show that the purchaser has not been previously convicted of a felony or an assault in New York. The purchaser must also not have been convicted of a crime outside New York that would constitute a felony or assault crime in New York .