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It's up to a policeman to decide, but in New York mace or pepper spray must only be used to defend yourself against an attacker. The pepper spray you are carrying must have a label that says it's for "self-defense only".
Only license firearms dealers or pharmacists can sell pepper spray in New York, and you must sign a form that says you are 18 years of age or older with no felony convictions.
You also are required to purchase the spray within the state (not bring it from outside or have it mailed).
Also, you can only buy a canister small enough to fit in your pocket, only purchase 2 canisters per transaction, and you can't buy multiple canisters from the same person or store.
Don't rely on the above information only - verify and check the most recent laws before you buy or use mace or pepper spray.
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