NEW JERSEY: Legal with restrictions.
Any non-felon 18 or over may possess for the purpose of self-defense "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". Section 2C:39-6i.
NEW YORK: Legal with restrictions.
The possession of "self-defense sprays" by persons who are not felons or who have been convicted of an assault, 18 or over for the protection of person or property and its otherwise lawful use is legal. "Self-defense spray" is defined as "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 tear gas, pepper spray or similar disabling agent". There are certain labeling requirements. Sales require both a seller's license and the completion by a purchaser of a registration form. New York residents may only purchase defense sprays from licensed Firearms Dealers or licensed Pharmacists in that state. No more than two sprays may be sold at any one time to a single purchaser. Section 265.25 (14) and (15).
