§ 270.05 Unlawfully possessing or selling noxious material.
1. As used in this section, “noxious material” means any container
which contains any drug or other substance capable of generating
offensive, noxious or suffocating fumes, gases or vapors, or capable of
immobilizing a person.
2. A person is guilty of unlawfully possessing noxious material when
he possesses such material under circumstances evincing an intent to use
it or to cause it to be used to inflict physical injury upon or to cause
annoyance to a person, or to damage property of another, or to disturb
the public peace.
3. Possession of noxious material is presumptive evidence of intent
to use it or cause it to be used in violation of this section.
4. Bank security devices not prohibited. Notwithstanding the
provisions of subdivision one of this section, it shall not be unlawful
for any bank, national banking association, trust company, savings bank,
savings and loan association, industrial bank, or credit union to store,
possess, transport, use or cause to discharge any bank security device
as described in subdivision one of section 270.00 of this chapter; nor
shall it be unlawful for any manufacturer, wholesaler, dealer, jobber or
common carrier to manufacture, store, possess, transport, or sell such a
device to banks, national banking associations, trust companies, savings
banks, savings and loan associations, industrial banks or credit unions.
5. Self-defense spray devices not prohibited. Notwithstanding the
provisions of subdivisions two and three of this section, it shall not
be unlawful for a person eighteen years of age or older to possess a
self-defense spray device as defined in paragraph fourteen of
subdivision a of section 265.20 of this chapter in accordance with the
provisions set forth therein.
6. A person is guilty of unlawfully selling a noxious material when he
or she sells a self-defense spray device as defined in paragraph
fourteen of subdivision a of section 265.20 of this chapter and such
sale was not authorized in accordance with the provisions of paragraph
fifteen of subdivision a of section 265.20 of this chapter.
Unlawfully possessing or selling noxious material is a class B