Self Defense Laws in New York

The essential principle of self-defense in New York is that it must be a reasonable use of physical force or deadly physical force in that it is both necessary and proportional to the situation at hand. Under Penal Law § 35.00, subdivision 6, the New York Legislature defined physical force:
[T]he degree of force which a person is authorized to use for the purpose of protecting himself… from what he reasonably believes to be the use or imminent use of unlawful physical force.
Thus, if you are attacked and have a reasonable belief that you will be seriously injured or killed, you are justified under New York law to defend yourself with physical force or deadly physical force.
Now, under New York Penal Law § 35.10 , you are not permitted to use physical force upon another if you know that the other person is "protected from the physical force" by what’s known as an "election law," for example, if: (1) the person you’re defending yourself from is a law enforcement officer or federal agent acting in the performance of his duties; (2) the person you’re defending yourself from is "engaging in the exportation of illegal controlled substances;" or (3) the person you’re defending yourself from is breaking into your occupied dwelling, workplace, or motor vehicle. Additionally, deadly physical force is not justified when you can avoid the situation with physical avoidance. Finally, the defendant — the person claiming self defense — cannot have provoked the attack himself.

Legal Weapons for Self Defense in New York

In New York, the law does not prohibit citizens from possessing non-lethal weapons to use to protect themselves in an act of self-defense. Such weapons include these types of items:
Pepper Spray
New Yorkers may legally possess personal safety spray devices for use as a weapon in self-defense situations. Under New York Penal Law 265.20, the devices must contain either oleoresin of capsicum (OC) or synthetic capsaicins of common peppers (SC) and deliver a non-lethal aerosol mist. OC and SC are both natural extracts that come from oleoresins found in various hot pepper species, specifically the Capsicum genus. OC is commonly from the cayenne pepper, while SC is from the habanero pepper and is the more active chemical in pepper sprays.
While some people use pepper spray successfully to fend off aggressors, others have used it to harm others. As a result, the distribution, sale, purchase, and use of pepper spray as a weapon is illegal in both New York City and Nassau County on Long Island. State law permits residents in all other portions of the state to keep pepper spray for legal use.
It is illegal for any person with a prior conviction of assault, drug use, sexual assault, stalking, or child abuse to carry or purchase this type of non-lethal weapon in New York.
Personal Alarms
Another legal form of protection includes personal alarms, which emit loud sounds or alerts to deter attackers. Many varieties of personal alarms exist, including personal attack alarms, personal panic alarms, door alarms, and smoke or carbon monoxide detectors. Residents of New York are permitted to carry these devices.
Pocket Knives
Although not recommended, individuals are permitted to use a medium-sized pocket knife for self-defense purposes. However, the pocketknife should be closed inside a sheath or otherwise be safely contained. Any attempt to use a knife for illegal purposes can lead to charges such as unlawful possession of a weapon, which is a class A misdemeanor in New York.
Sports Equipment
Some residents also believe in the effectiveness of certain sports equipment in self-defense. One such item is a Canadian stick, which resembles a large wooden dowel or bat with a hole that the user grasps at the end. People typically use this type of weapon to protect against verbal harassment or aggressive behavior by intimidation rather than through physical force.
Other Laws
Individuals may not conceal their identity while carrying an item intended for self-defense. Those who do will face arrest for criminal impersonation under New York Penal Law 190.25, which is a class B misdemeanor.
New York also prohibits items that utilize electronic circuits, microchips, or other electrical circuits to deliver electric shocks or electric current to a person or animal to inflict temporary pain or disable the ability to move as a form of self-defense. The law prohibits applicants from using these items in section 265.01 of the New York Penal Code. A conviction results in a class A misdemeanor charge.
Defendant Injuries
Anyone who injures another while using a self-defense weapon can end up facing criminal charges under New York Penal Law 35.10. The person will have the burden of proof, however, to show one of three defenses:
Under these three parts of the law, the defendant’s use of self-defense must be reasonable and cannot involve the use of excessive force.

Illegal Weapons and Their Consequences

Under New York law, certain weapons are considered per se illegal, even if their use is to protect one’s life. Below is a brief overview of specific weapons that are prohibited:
Legal Ramifications of Using Prohibited Weapons – Both Fines and Criminal Charges
In addition to having a weapon confiscated by the police, New York law provides for severe penalties for those who own or who use illegal weapons in order to defend themselves. For instance, a person could be guilty of criminal possession in the fourth degree for possessing a nunchaku, a billy club or metal knuckles (fourth degree criminal possession of a weapon is a class A misdemeanor, with a maximum one year jail term and/or a fine of $1,000), or carrying a disguised firearm (that is, a firearm that looks like or is contained in an object like a belt buckle or a cigarette lighter; it is also illegal to possess a firearm containing a silencer, a "zip gun" – a pipe adapted for shooting a bullet or a "defaced gun" – a firearm that has had its serial number removed; these items are classified as a "disguised gun"ers (fifth degree criminal possession is a class A misdemeanor).
Illegal Possession of Tasers, BB Guns and Gas Guns
New York law criminalizes the possession and/or the use of various weapons that are often used by civilians in order to protect themselves from an assailant. These include the following:
Penalties for Possessing or Using Prohibited Weapons
As stated above, possessing or carrying a Taser, BB gun or gas gun is considered a class A misdemeanor under New York law. A first conviction for a violation of the law or of possessing or using banned weapons brings with it the possibility of up to 365 days in jail and/or $1,000 in fines. A second conviction, however, can increase the term of imprisonment to four years and/or a fine of $5,000, and a third conviction for illegally owning or using a prohibited weapon could result in up to seven years in prison and $10,000 in fines.

Legally Carrying Weapons

Self-defense weapons with more lethal capabilities in the state of New York may not be lawfully carried in public, and may only be possessed by persons able to secure a permit to possess a dangerous weapon.
In general, it is a crime for a person to:
While the term "disabling gas" is not explicitly defined in the New York Penal Law, it would likely be reasonably construed to include pepper spray.
There are exceptions to the general prohibition against carrying or possessing stun guns or pepper spray. A person may buy, possess, and lawfully carry a stun gun or pepper spray "designed and marketed solely for defensive purposes," provided that they have secured a permit from the license-issuing authority.
Occasionally, some people who have been licensed to carry firearms in New York State are also licensed to carry "noxious" or "deleterious" substances as well. This permission is generally built into the conditions for the said individual’s issuance of a pistol or revolver license. Because it is not clear from the statute what the term "noxious" means, it is possible that a stun gun with up to 3.2 nano-grams of "tetrahydrozoline," which is an important ingredient in the manufacture of many pepper sprays , could be considered to be a "deleterious" or "noxious" substance.
As discussed above, a variety of nonlethal weapons may not be lawfully carried or possessed unless a danger of physical injury or death is present that justifies the use of such force.
NYS CPL § 10.00(11) defines "physical injury" as impairment of physical condition or substantial pain. However, medical treatment or amount of pain are not considered when assessing whether a physical injury occurred; a bruise, contusion, or sprain are all acceptable examples of physical injuries which might constitute a permissible use of a weapon to defend oneself only if an actual attack has occurred or the victim is reasonably fearful of an imminent attack.
Moreover, New York law provides that individuals have a duty to retreat where possible if they are being attacked, unless they are otherwise "in a place where [they have] a right to be."
Thus, while a passerby may use deadly force to repel an assailant, an assailant may not generally defend themselves with a disabling weapon if they are simply walking down the street, unless perhaps an actual attack had taken place or was imminent, in which case they would certainly be justified in using a weapon in self-defense.

Best Practices for Self Defense

When it comes to carrying and potentially using legal self-defense weapons in New York, there are several best practices that extend beyond the law to ensure your ability to safely protect yourself without doing anything illegal. First and foremost, always be aware of your surroundings. This applies whether you’re out in public or even in your own home. If you’re familiar with the area and where you are going, such knowledge should help you avoid any potential altercations before you reach the point of needing a tool or weapon for protection. Even if you are in a familiar area, however, situations can arise and you must be prepared to avoid or escape them. If you cannot avoid an altercation with an attacker, de-escalation techniques represent your next line of defense. This involves you using words and even body language to attempt to reduce the intensity of the situation, so that you can get away from it. Sometimes the attacker will respond to your de-escalation efforts favorably, while at other times they will not. But it is still your best practice to attempt to de-escalate before using any kind of physical force, as this could put you in clear violation of New York Law’s "Duty to Retreat" requirement. Assuming that the only way to exit the situation is through physical means, however, know your rights when it comes to the use of legal self-defense weapons in New York, and make sure you are able to physically and legally protect yourself without inflicting too much harm on the attacker.

Legal Help and Resources

After a self-defense incident in New York, it is critical to seek legal assistance to ensure that your rights are protected, regardless of whether you are the defender or the aggressor. Upon contacting legal counsel, detailed information about the incident will be required to properly defend the incident on its face or mitigate the potential damages against you. Where needed, criminal defense attorneys and civil litigators, respectively, can guide you through your next legal steps.
If you have been assaulted or injured, it is imperative to report the incident to the NYPD, and obtain a police report. Depending on the circumstances, the police may file charges against the aggressor for assault, harassment or theft, among other things. A police report is also necessary to pursue damage damages recovery in civil court against the aggressor.
If you were injured, medical attention should be sought, including emergency medical attention where required, and follow-up treatment as may be recommended . Documentation of injuries resulting from an altercation will add crucial weight to any criminal or civil claims, and any defenses you may be required to provide.
Multiple self-defense advocacy groups and legal defense organizations exist to assist the public in New York in navigating the complex laws governing legal self-protection with weapons. The Right of Great self defense group, www.rightofgreat.com, is one such advocacy organization dedicated to legal and public awareness of self-defense. Providing resources, referrals, and guidance to persons involved in self-defense incidents is a significant aspect of the Right of Great’s mission.
Advocacy groups like Right of Great aid in streamlining the process of locating appropriate legal assistance immediately following a self-defense incident. Proper legal assistance directly following a self-defense incident is crucial to resolving the incident favorably.