ALBANY, N.Y. (NEWS10) — The proposed tear gas and rubber bullets ban in Albany did not pass the common council.

The proposal needed eight ‘Yes’ votes to pass, and it only received seven.

Four council members voted ‘No’ on the proposal, and the other four members voted ‘Present,’ which means they did not take a position on the proposal.

Albany Mayor Kathy Sheehan said the police needs to be able to use tear gas in certain situations.