§ 270.05 Unlawfully possessing or selling noxious material.\n 1. As used in this section, "noxious material" means any container\nwhich contains any drug or other substance capable of generating\noffensive, noxious or suffocating fumes, gases or vapors, or capable of\nimmobilizing a person.\n 2. A person is guilty of unlawfully possessing noxious material when\nhe possesses such material under circumstances evincing an intent to use\nit or to cause it to be used to inflict physical injury upon or to cause\nannoyance to a person, or to damage property of another, or to disturb\nthe public peace.\n 3. Possession of noxious material is presumptive evidence of intent\nto use it or cause it to be used in violation of this section.\n 4. Bank security devices not prohibited. Notwithstanding the\nprovisions of subdivision one of this section, it shall not be unlawful\nfor any bank, national banking association, trust company, savings bank,\nsavings and loan association, industrial bank, or credit union to store,\npossess, transport, use or cause to discharge any bank security device\nas described in subdivision one of section 270.00 of this chapter; nor\nshall it be unlawful for any manufacturer, wholesaler, dealer, jobber or\ncommon carrier to manufacture, store, possess, transport, or sell such a\ndevice to banks, national banking associations, trust companies, savings\nbanks, savings and loan associations, industrial banks or credit unions.\n 5. Self-defense spray devices not prohibited. Notwithstanding the\nprovisions of subdivisions two and three of this section, it shall not\nbe unlawful for a person eighteen years of age or older to possess a\nself-defense spray device as defined in paragraph fourteen of\nsubdivision a of section 265.20 of this chapter in accordance with the\nprovisions set forth therein.\n 6. A person is guilty of unlawfully selling a noxious material when he\nor she sells a self-defense spray device as defined in paragraph\nfourteen of subdivision a of section 265.20 of this chapter and such\nsale was not authorized in accordance with the provisions of paragraph\nfifteen of subdivision a of section 265.20 of this chapter.\n Unlawfully possessing or selling noxious material is a class B\nmisdemeanor.\n
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