§ 490.70 — Limitations

New York § 490.70

• Jurisdiction: New York
• Law PEN: Penal
• Title Y-1: Nb
• Part 4: Administrative Provisions
• Art. 490: Terrorism

Text

§ 490.70 Limitations.\n 1. The provisions of sections 490.37, 490.40, 490.45, 490.47, 490.50,\nand 490.55 of this article shall not apply where the defendant possessed\nor used:\n (a) any household product generally available for sale to consumers in\nthis state in the quantity and concentration available for such sale;\n (b) a self-defense spray device in accordance with the provisions of\nparagraph fourteen of subdivision a of section 265.20 of this chapter;\n (c) a chemical weapon solely for a purpose not prohibited under this\nchapter, as long as the type and quantity is consistent with such a\npurpose; or\n (d) a biological agent, toxin, or delivery system solely for\nprophylactic, protective, bona fide research, or other peaceful\npurposes.\n 2. For the purposes of this section, the phrase "purposes not\nprohibited by this chapter" means the following:\n (a) any peaceful purpose related to an industrial, agricultural,\nresearch, medical, or pharmaceutical activity or other peaceful\nactivity;\n (b) any purpose directly related to protection against toxic chemicals\nand to protection against chemical weapons;\n (c) any military purpose of the United States that is not connected\nwith the use of a chemical weapon or that is not dependent on the use of\nthe toxic or poisonous properties of the chemical weapon to cause death\nor other harm; and\n (d) any law enforcement purpose, including any domestic riot control\npurpose and including imposition of capital punishment.\n