2012 New York Consolidated Laws
PEN - Penal
Part 3 - SPECIFIC OFFENSES
Title P - OFFENSES AGAINST PUBLIC SAFETY
Article 270 - (270.00 - 270.35) OTHER OFFENSES RELATING TO PUBLIC SAFETY
270.05 - Unlawfully possessing or selling noxious material.

 
    § 270.05  Unlawfully possessing or selling 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.
    5.  Self-defense  spray  devices  not  prohibited. Notwithstanding the
  provisions of subdivisions two and three of this section, it  shall  not
  be  unlawful  for  a  person eighteen years of age or older to possess a
  self-defense  spray  device  as  defined  in   paragraph   fourteen   of
  subdivision  a  of section 265.20 of this chapter in accordance with the
  provisions set forth therein.
    6. A person is guilty of unlawfully selling a noxious material when he
  or she sells  a  self-defense  spray  device  as  defined  in  paragraph
  fourteen  of  subdivision  a  of section 265.20 of this chapter and such
  sale was not authorized in accordance with the provisions  of  paragraph
  fifteen of subdivision a of section 265.20 of this chapter.
    Unlawfully  possessing  or  selling  noxious  material  is  a  class B
  misdemeanor.