Brooklyn, NY asked in Criminal Law and Federal Crimes for New York

Q: Without a firearm license, Is it illegal to have Byrna SD pepper ball gun inside the house that I own in Brooklyn NY?

I don't have a fire arm license, for example, if the police would have found Byrna SD pepper ball gun in my house can they charge me with anything?

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1 Lawyer Answer
Marco Caviglia
Marco Caviglia
  • Criminal Law Lawyer
  • Lagrangeville, NY
  • Licensed in New York

A: Charged with "anything" is pretty broad. That said, this device is not listed as a firearm in the Penal Law of NYS, nor does it seem capable of discharging a bullet without alteration, so does not appear to require a firearm license. You should review PL section 265.00 to satisfy yourself that it does not fit a criminalized category. Also, that it is and remains in your house is good insurance that you can't get arrested for some other reason when having it (e.g. using it on someone on the street, and you permanently impair his vision, and then there's the potential of assault with a dangerous instrument and potential felony assault charge. If you do obtain one, I suggest you get the orange model, which will decrease the chance that someone will shoot you with a real gun when you pull it out, i.e. I saw there is one in black (really dumb as some people will get this so it looks like a real gun). However, there's should review Penal Law section 265.20 which addresses self defense spray devices and those sections it, in turn, references before investing in this device. Finally, I see you live in NYC, so you should check their laws which often are more restrictive than the rest of NYS.

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