N.Y. Penal Law § 490.70: Limitations

§ 490.70 Limitations.

1. The provisions of sections 490.37, 490.40, 490.45, 490.47, 490.50,

and 490.55 of this article shall not apply where the defendant possessed

or used:

(a) any household product generally available for sale to consumers in

this state in the quantity and concentration available for such sale;

(b) a self-defense spray device in accordance with the provisions of

paragraph fourteen of subdivision a of section 265.20 of this chapter;

(c) a chemical weapon solely for a purpose not prohibited under this

chapter, as long as the type and quantity is consistent with such a

purpose; or

(d) a biological agent, toxin, or delivery system solely for

prophylactic, protective, bona fide research, or other peaceful

purposes.

2. For the purposes of this section, the phrase "purposes not

prohibited by this chapter" means the following:

(a) any peaceful purpose related to an industrial, agricultural,

research, medical, or pharmaceutical activity or other peaceful

activity;

(b) any purpose directly related to protection against toxic chemicals

and to protection against chemical weapons;

(c) any military purpose of the United States that is not connected

with the use of a chemical weapon or that is not dependent on the use of

the toxic or poisonous properties of the chemical weapon to cause death

or other harm; and

(d) any law enforcement purpose, including any domestic riot control

purpose and including imposition of capital punishment.