Pepper Spray Laws – Is Pepper Spray Legal in my State?

pepper-spray-laws-by-state

Make Sure to Check With Your Local Authorities

Below is a compiled list of pepper spray laws by state, which are current as of September 7, 2016. Remember to check with your local law enforcement office to verify legality and any local restrictions that may be in place. We do our best to keep this list up to date but these laws are subject to change at any time.

Pepper Spray Laws by State

Alabama – Legal with Restrictions

Section 13A-7-27

Criminal use of noxious substance

(a) A person commits the crime of criminal use of a noxious substance if he knowingly deposits on the land or in the building or vehicle of another, without his consent, any stink bomb or device, irritant or offensive-smelling substance, with the intent to interfere with another’s use of the land, building or vehicle.

(b) Criminal use of a noxious substance is a Class A misdemeanor.

Alaska – Legal with Restrictions

Sec. 11.81.900 (a)(20)

Section 11.81.900 defines a “Defensive weapon” as an electric stun gun, or a device to dispense mace or a similar chemical agent, that is not designed to cause death or serious physical injury.

Section 11.61.210 (a)(6)

Prohibits the sale of a “Defensive weapon” to a person under 18 years of age. Such a weapon cannot be possessed in a school without permission of certain school authorities, unless the person is 21 years of age or older.

Arizona – Legal

Section 13-3101(8)(ii)

(ii) Any propellant, propellant actuated devices or propellant actuated industrial tools that are manufactured, imported or distributed for their intended purposes.

Arkansas – Legal with Restrictions

Section 5-73-124 and Section 5-13-202

Raises the penalty to a Class D felony if a person uses tear gas or pepper spray against any law enforcement officer on duty and acting within the scope of his authority. See A.C.A. §§ 5-13-202 and 5-73-124.

California – Legal with Restrictions

Section 12403.7

Container holding the defense spray must contain no more than 2.5 ounces (71 g) net weight of aerosol spray.

Colorado – Legal

There are no restrictions for the sale of non-lethal chemical spray products

Connecticut – Legal

There are no restrictions for the sale of non-lethal chemical spray products

Delaware – Legal with Restrictions

Title 11, Section 222 (7)

(7) “Disabling chemical spray” includes mace, tear gas, pepper spray or any other mixture containing quantities thereof, or any other aerosol spray or any liquid, gaseous or solid substance capable of producing temporary physical discomfort, disability or injury through being vaporized or otherwise dispersed in the air, or any canister, container or device designed or intended to carry, store or disperse such aerosol spray or such gas or solid.

Florida – Legal with Restrictions

Section 790.001(b)

(b) “Tear gas gun” or “chemical weapon or device” means any weapon of such nature, except a device known as a “self-defense chemical spray”. “Self-defense chemical spray” means a device carried solely for purposes of lawful self-defense that is compact in size, designed to be carried on or about the person, and contains no more than two ounces of chemical.

Georgia – Legal

There are no restrictions for the sale of non-lethal chemical spray products

Hawaii – Legal with Restrictions

You must be 18 years of age to purchase pepper spray in Hawaii. There is also a .5 oz size restriction and you need a permit to carry in the County of Honolulu.

Idaho – Legal

There are no restrictions for the sale of non-lethal chemical spray products

Illinois – Legal with Restrictions

Section 720 ILCS 5/24-1 (3)

(3) Carries on or about his person or in any vehicle, a tear gas gun projector or bomb or any object containing noxious liquid gas or substance, other than an object containing a non-lethal noxious liquid gas or substance designed solely for personal defense carried by a person 18 years of age or older.

Chicago restricts the use of pepper spray indoors at venues such as bars or restaurants, or if there are 20 or more people in the area. Basically DO NOT use pepper spray in indoor public places in Chicago.

Indiana – Legal

There are no restrictions for the sale of non-lethal chemical spray products

Iowa – Legal

There are no restrictions for the sale of non-lethal chemical spray products

Kansas – Legal

There are no restrictions for the sale of non-lethal chemical spray products

Kentucky – Legal

There are no restrictions for the sale of non-lethal chemical spray products

Louisiana – Legal

There are no restrictions for the sale of non-lethal chemical spray products

Maine – Legal

There are no restrictions for the sale of non-lethal chemical spray products.

Maryland – Legal

Section 36  4–101

(2) A person may not wear or carry a dangerous weapon, chemical mace, pepper mace, or a tear gas device openly with the intent or purpose of injuring an individual in an unlawful manner.

Massachusetts – Legal with Restrictions

Massachusetts General Laws, Chapter 140, Section 121

”Ammunition”, cartridges or cartridge cases, primers (igniter), bullets or propellant powder designed for use in any firearm, rifle or shotgun. The term ”ammunition” shall also mean tear gas cartridges.

Michigan – Legal with Restrictions

Section 750.224d

No more than 35 grams of any combination of orthochlorobenzalmalononitrile and inert ingredients (CS gas); or a solution containing no more than 10% oleoresin capsicum (pepper spray). Allows “reasonable use” of spray containing no more than 10% oleoresin capsicum to protect “a person or property under circumstances that would justify the person’s use of physical force”. It is illegal to give a “self-defense spray” to a person under 18 years of age.

Minnesota – Legal with Restrictions

Section 624.731

Subd. 3. Prohibited possession; use. (a) No person under the age of 16 may possess or use an authorized tear gas compound except by written permission of a parent or guardian, and no person under the age of 18 may possess or use an electronic incapacitation device.

Mississippi – Legal

There are no restrictions for the sale of non-lethal chemical spray products

Missouri – Legal

571.010 (10)

(10) “Gas gun”, any gas ejection device, weapon, cartridge, container or contrivance other than a gas bomb, that is designed or adapted for the purpose of ejecting any poison gas that will cause death or serious physical injury, but not any device that ejects a repellent or temporary incapacitating substance.

Montana – Legal

There are no restrictions for the sale of non-lethal chemical spray products

Nebraska – Legal

There are no restrictions for the sale of non-lethal chemical spray products

Nevada – Legal with Restrictions

202.370 (2)

2. “Tear gas” includes all liquid, gaseous or solid substances intended to produce temporary physical discomfort or permanent injury through being vaporized or otherwise dispersed in the air. The term does not include a liquid, gaseous or solid substance whose active ingredient is composed of natural substances or products derived from natural substances which cause no permanent injury through being vaporized or otherwise dispersed in the air.

New Hampshire – Legal

There are no restrictions for the sale of non-lethal chemical spray products

New Jersey – Legal with Restrictions

Section 2C:39-6i

100. Nothing in N.J.S.2C:39-5 shall be construed to prevent any person who is 18 years of age or older and who has not been convicted of a felony, from possession for the purpose of personal self-defense of one pocket-sized device which contains and releases not more than three-quarters of an ounce of chemical substance not ordinarily capable of lethal use or of inflicting serious bodily injury, but rather, is intended to produce temporary physical discomfort or disability through being vaporized or otherwise dispensed in the air. Any person in possession of any device in violation of this subsection shall be deemed and adjudged to be a disorderly person, and upon conviction thereof, shall be punished by a fine of not less than $100.00.

New Mexico – Legal

There are no restrictions for the sale of non-lethal chemical spray products

New York – Legal with Restrictions

Section 265.20 (14)(a)

As used in this section “self-defense spray device” shall mean a pocket sized spray device which contains and releases a chemical or organic substance which is intended to produce temporary physical discomfort or disability through being vaporized or otherwise dispensed in the air or any like device containing tear gas, pepper or similar disabling agent.

(b) The exemption under this paragraph shall not apply to a person who: (i) is less than eighteen years of age; or (ii) has been previously convicted in this state of a felony or any assault; or (iii) has been convicted of a crime outside the state of New York which if committed in New York would constitute a felony or any assault crime.

Section 265.20 (15)

Possession and sale of a self-defense spray device as defined in paragraph fourteen of this subdivision by a dealer in firearms licensed pursuant to section 400.00 of this chapter, a pharmacist licensed pursuant to article one hundred thirty-seven of the education law or by such other vendor as may be authorized and approved by the superintendent of state police.

North Carolina – Legal with Restrictions

Section 14-401.6

(a) It is unlawful for any person, firm, corporation or association to possess, use, store, sell, or transport within the State of North Carolina, any form of that type of gas generally known as “tear gas,” or any container or device for holding or releasing that gas; except this section does not apply to the possession, use, storage, sale or transportation of that gas or any container or device for holding or releasing that gas.

North Dakota – Legal

62.1-01-01

(1) “Dangerous weapon” does not include a spray or aerosol containing CS, CN, or other irritating agent intended for use in the defense of an individual, nor does the term include a device that uses voltage for the defense of an individual, unless the device uses a projectile and voltage, then the term includes the device for an individual who is prohibited from possessing a firearm under this title.

Ohio – Legal

Code 2909.07

Criminal mischief

(2) With purpose to interfere with the use or enjoyment of property of another, employ a tear gas device, stink bomb, smoke generator, or other device releasing a substance that is harmful or offensive to persons exposed or that tends to cause public alarm.

Oklahoma – Legal

There are no restrictions for the sale of non-lethal chemical spray products

Oregon – Legal

14A.60.030 Tear Gas and Stun Guns

There are no restrictions for the sale of non-lethal chemical spray products

Pennsylvania – Legal

Act of 1974, P.L 705, No. 235

There are no restrictions for the sale of non-lethal chemical spray products

Lethal Weapons Training Act (Section 3.) “Lethal weapons” The chemical mace or any similar substance shall not be considered as “lethal weapons” for the purposes of this act.

Rhode Island – Legal with Restrictions

Section 11-47-57

“Mace” or similar substances. Any person eighteen (18) years of age or over may carry on his or her person and use, unless otherwise prohibited by law, any non-lethal noxious substance or liquid for his 31 protection or the protection of others; however, the use of any non-lethal noxious substance or liquid for any other purpose shall be punishable by a fine of not more than twenty-five dollars ($25.00).

South Carolina – Legal with Restrictions

Section 16-23-470

Illegal possession of tear-gas gun or ammunition

(A) It is unlawful for anyone except an authorized law enforcement officer to possess, use, transport, sell, or buy a tear-gas machine or gun, or its parts, or any ammunition, shells, or equipment that may be used in a tear-gas gun or machine. It is lawful for a person for self-defense purposes only to possess, use, transport, sell, or buy a tear-gas machine or gun, or its parts, or ammunition, shells, or equipment for a tear-gas machine or gun, but the capacity of a tear-gas cartridge, shell, or container shall not exceed fifty cubic centimeters nor shall a tear-gas machine or gun have the capability of shooting a cartridge, shell, or container of more than fifty cubic centimeters.

South Dakota – Legal

There are no restrictions for the sale of non-lethal chemical spray products

Tennessee – Legal

There are no restrictions for the sale of non-lethal chemical spray products

Texas – Legal

10 Texas Penal Code Section 46.01 (14)

(14) “Chemical dispensing device” means a device, other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on a human being.

Utah – Legal

There are no restrictions for the sale of non-lethal chemical spray products, as long as the use does not cause death.

Vermont – Legal

There are no restrictions for the sale of non-lethal chemical spray products

Virginia – Legal

View law here

There are no restrictions for the sale of non-lethal chemical spray products

Washington – Legal with Restrictions

RCW 9.91.160

Personal protection spray devices

(1) It is unlawful for a person under eighteen years old, unless the person is at least fourteen years old and has the permission of a parent or guardian to do so, to purchase or possess a personal protection spray device. A violation of this subsection is a misdemeanor.

West Virginia – Legal

There are no restrictions for the sale of non-lethal chemical spray products

Wisconsin – Legal with Restrictions

Section 941.26

Tear gas is not permissible

(4)(a) Subsections (1) to (3) do not apply to any device or container that contains a combination of oleoresin of capsicum and inert ingredients but does not contain any other gas or substance that will cause bodily discomfort.

Wyoming – Legal

There are no restrictions for the sale of non-lethal chemical spray products

Disclaimer

The information in this guide is subject to change at any time and is not our responsibility if the information is not accurate. If you do notice any issues with the information regarding the pepper spray laws listed here please use our contact form and let us know the problem, we would be happy to correct any errors.

1 Comment on "Pepper Spray Laws – Is Pepper Spray Legal in my State?"

  1. Major thanks for the article post. Awesome. Kruppa

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