Although pepper spray is legal pretty much everywhere in the United States, laws and regulations do vary from state-to-state, and understanding the legalities concerning the ownership and carry of pepper spray as well as under what conditions you are allowed to deploy it is an . Its an inflammatory agent that irritates the eyes, nose, mouth, and lungs of an attacker, temporarily impairing their vision and ability to breathe. It is legal to buy, carry, use, and ship pepper spray to Ohio. Michigan:Pepper sprays and gels cannot contain more than 35 grams of CS, and also cannot contain more than 18% of oleoresin capsicum (OC). Plus, the container for the pepper spray may not be more than .5 ounces. Florida permits to have pepper spray without any documentation. It is illegal to ship human formula pepper spray to Massachusetts; however, it is legal to ship animal formula pepper spray. In addition, the pepper spray may not contain more than 18% oleoresin capsicum or OC, which is one of the most common substances in pepper spray. In general, pepper spray is legal in most places. Personal Safety Devices Do You Need Them? Copyright 2005- This blog was originally published in 2013 and has been updated for accuracy. The range of pepper sprays and gels must be within 6 to 20 feet, and all products must have a safety feature to prevent accidental deployment. ). It is legal to buy, carry, use, and ship pepper spray to Connecticut. It is legal to buy, carry, use, and ship pepper spray to Arizona. Not necessarily. In addition, there are some pepper sprays that contain either illegal substances that are not allowed under state or federal law. Amazon and the Amazon logo are trademarks of Amazon.com, Inc or its affiliates. Now, as you might expect state laws do vary, and a certain formula or size of canister that is legal in one state might not be legal in another. "The reasonable use of a self-defense spray or foam device containing not more than 10% oleoresin capsicum by a person in the protection of a person or property under circumstances that would justify the person . Otherwise, if you are 18 and a non-felon, you can purchase pepper spray inside the state. If you meet the qualifications, then you can carry this self-defense product. Oregon It is legal to buy, use, or possess pepper spray in Massachusetts, but there are several restrictions. But before anyone goes out there and purchases one for themselves, its essential to understand the laws surrounding its possession in each state. is it legal to sell pepper spray. Is it illegal to carry pepper spray in Florida? Also, a minor is prohibited from carrying pepper spray, concealed or not, between one hour after sunset and one house before sunrise. In the state of Pennsylvania, pepper spray is legal if used as a personal protection product for self defense. Products may contain red pepper spray but not tear gas. These include things such as age restrictions and limiting the use of pepper spray to individuals over the age of 18. It is legal to buy, carry, use, or ship to Louisiana. Minors are not allowed to possess pepper spray. Pepper spray is a legal tool for self-defense, but the laws and restrictions surrounding its use vary from state to state. Usually. Except as otherwise provided in this section, any person who carries or has in his or her possession any tear gas or pepper spray in any form, or any person who knowingly carries or has in his or her possession any gun, bomb, grenade, cartridge, or other weapon designed for the discharge of tear gas or pepper spray, upon conviction is guilty of a Class A misdemeanor. Minors are prohibited from using pepper spray between one hour before sunset and one hour before sunrise. Montana has no laws that prohibit individuals from carrying or using pepper spray. Please do your own research or ask a local retailer before considering buying pepper spray. Dangerous weapon does not include a spray or aerosol containing CS, also known as ortho-chlorobenzamalonitrile; CN, also known as alpha-chloroacetophenone; 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 or the device uses a projectile and may be used to apply multiple applications of voltage during a single incident, then the term includes the device for an individual who is prohibited from possessing a firearm under this title.. As you travel via an airplane there are TSA regulations you must follow. Frequently Asked Questions. MGL c.140, 121 Definitions of stun gun; MGL c.140, 131J Stun guns - regulation and access. Minors cannot purchase pepper spray. 2023 SABRE - Security Equipment Corp. We use cookies to track activity, click here to see our privacy policy. Purchases must be made in person, with a maximum of two sprays per purchase. Pennsylvania's laws are quite lenient. South Carolina has no laws that prohibit individuals from carrying or using pepper spray. It is legal to buy, carry, use, or ship to Wyoming. Learn more about the Wisconsins restrictions. It is legal to buy, carry, use, and ship pepper spray to North Dakota. A violation of this subsection is a misdemeanor. This is true for most states in the country, but Florida pepper spray laws are lenient. Overall, laws and regulations differ across states when it comes to illegal possession of pepper ball guns by convicted felons. It is legal to buy, use, possess, and ship pepper spray to Minnesota. It is legal to buy, carry, use, and ship pepper spray to Florida, but the container cannot be more than 2 ounces. Pepper spray is a non-lethal form of self-protection. Here is a rundown of the laws in each, with the applicable legal statute (if available). It is legal to buy, carry, use, and ship pepper spray to Delaware. You can keep a can of pepper spray clipped onto your belt, a purse strap, or on a keychain. It is considered a weapon, and depending on their past charges, it can determine the types of consequences that come with carrying pepper spray. However, it is important to note that even in states where pepper spray is allowed, there may still be restrictions on how or when you can use it against an attacker. Pepper spray is considered a less-lethal weapon, meaning it is not intended to kill; instead, it causes temporary discomfort or pain to an attacker. and the OC content must be between 15 to 50 grams. Take Action & Gain Peace of Mind! For example, convicted felons, juveniles, and those deemed incompetent are not permitted to have stun guns. While pepper spray is legal in all 50 states for self-defense purposes, buying it can sometimes prove a challenge even though it's made from an item you can usually find at the local grocery store. Sales Restriction: Seller must comply with local licensing requirements, if applicable in their area. In America, plenty of people carry guns and knives for self-defense but there is little attention paid to humble pepper spray. This is arguably the most minor of all restrictions in the use of pepper spray by states that have set limitations. Sign up to get the latest safety tips, trends, and news delivered straight to your inbox! Though pepper spray is something of a catch-all term, it also describes a particular mode or medium for dispensing spray, in this case as a fine aerosol mist or stream. This is a level of social acceptability that you just wont get for more serious weapons, even in places and in states where open carry is legally permissible. No, its legal as Florida allows carrying pepper spray. Stun guns are also legal, but there are some restrictions. Products are not permitted for sale to felons or minors. New Hampshire Maine A large number of states make no mention of pepper spray or similar chemicals and therefore have no restriction on their legal use. New law becomes effective as of January 1st, 2022. Kentucky has no laws that prohibit individuals from carrying or using pepper spray. Notwithstanding any other law, any person may purchase, possess, or use tear gas and tear gas weapons (pepper spray) for the projection or release of tear gas if the tear gas and tear gas weapons are used solely for self-defense purposes, subject to the following requirements: No person convicted of a felony or any crime involving an assault under the laws of the United States, the State of California, or any other state, government, or country or convicted of misuse of tear gas shall purchase, possess, or use tear gas or tear gas weapons. It is implied that only people who are 18 or older can purchase and carry pepper spray throughout the country. TELL YOUR FAMILY TO PREPARE time is running out! In some states, you can buy pepper spray, but the amount is restricted, and you can be arrested or fined if your canister contains more than the amount specified by law. In the event of a situation where you can no longer purchase pepper spray, here is a helpful guide on making pepper spray at home. Its important to note that pepper spray is considered a weapon and its use can cause temporary blindness, pain, breathing problems, and panic, and in excessive amounts, it may be fatal. Minnesota: The seller must comply with local licensing requirements, if applicable in their area. For instance, in California, its illegal to use pepper spray on someone, unless that person is engaged in criminal behavior and you have a reasonable belief that force is necessary for protection. Product canisters cannot exceed 2.5 fluid oz. No person who is a minor shall purchase, possess, or use tear gas or tear gas weapons.. That is because possession or use of pepper spray may be limited or restricted in some jurisdictions. Arkansas: The pepper spray container must less than 5 ounces. Nebraska Depending on the circumstances, using pepper spray for self-defense could be legal or illegal depending on the state you reside in. Pepper spray is an excellent self-defense tool and one of the only ranged, less lethal tools available for civilians. And it can easily be disguised. What follows are the states and what restrictions apply. Pepper spray is legal in all 50 states, though there are some conditions in place in certain states. E.A. South Dakota has no laws that prohibit individuals from carrying or using pepper spray. It is legal to buy, carry, use, and ship pepper spray to New Mexico. Learn more. It is legal to buy, carry, use, and ship pepper spray to Wisconsin. This means that you can carry pepper spray legally in amounts of any size as long as you are 18. Some states have much stricter laws relating to the purchase and use of pepper spray. Must be over 18 years old to purchase/use/carry pepper spray. It is legal to buy, use, possess, or ship pepper spray to Texas, though state law says it must be a small chemical dispenser., 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.. Some states also have laws making it illegal for anyone with a criminal conviction to have pepper spray in their possession. PEPPER SPRAY IS LEGAL IN ALL 50 STATES. New Mexico Also, there is a prohibition against individuals who have been convicted of a felony or are addicted to a narcotic. Hawaii passes House Bill 891, overturning their state stun gun ban. However, possession and/or use may be regulated or prohibited by law in some jurisdictions. It is legal to buy, carry, use, and ship pepper spray to California, but the container cannot exceed 2.5 ounces. Something else to keep in mind is that even in clear-cut cases of self-defense you are unlikely to be cleared of wrongdoing at the scene, and police will almost certainly detain you and might take you to jail until things get figured out. Indiana has no laws that prohibit individuals from carrying or using pepper spray. Score: 4.4/5 (73 votes) . Using it in an offence can land you in great trouble though. It is legal to buy, carry, use, or ship to Utah. We hope you all stay safe! It is your responsibility to check with your local law enforcement department for specific laws related to the possession and use of pepper spray in your city or county BEFORE purchasing a pepper spray product. There is a prohibition against minors possessing pepper spray and selling to a minor. Yes, its legal, but the state forbids or restricts the use of pepper spray for offensive measures. It is legal to buy, carry, use, or ship to Virginia. West Virginia has no laws that prohibit individuals from carrying or using pepper spray. Felons are prohibited from possessing pepper spray. Montana Possession by a convicted felon is prohibited. However, there are certain cases where pepper spray has to remain concealed or is prohibited in various buildings and establishments. However, if they are designed to be used against animals, then that is legal to ship. Pepper spray is legal in Alaska, with certain restrictions. Size Restriction: Pepper spray and gel size cannot exceed 5.07 oz. It's legal to own & carry a pepper spray. It is legal to buy, carry, use, or ship to South Dakota. Pepper spray is a popular and highly effective self-defense weapon, with a chemical irritant that blinds and incapacitates attackers. Pepper Spray Laws by State (United States), Michigans Pepper Spray Laws: An Overview. That's 400 total uses for these dirt-cheap little items! Also, certain states have laws that prohibit the possession of pepper spray that contains tear gas. FREE Shipping & FREE SABRE Home Security Decals On All Orders Over $50. But before entering a state, it is important to understand the varying laws in each respective state. "Self-defense chemical sprays" are legal. Law allows, but regulates, stun guns Maryland For the most part, laws that govern the shipping, possession, and use of pepper spray are quite clear. Pepper spray is completely legal in the United States, in one form or another, both according to federal law and to the laws of all 50 states. Pepper Spray is legal in all 50 states, however a number of cities and states have pepper spray laws & restrictions on sizes, strengths, and the way your purchase them, etc.. Most states have serious penalties for people who criminally misuse pepper spray! No person shall sell or furnish any tear gas or tear gas weapon to a minor. However, city laws vary widely throughout the state, particularly in larger cities like Chicago. However, pepper spray can only be used for self-defense purposes, so carrying it with malicious intent is against the law. Therefore you should check with your local law enforcement office to verify current statutes. Alaska:Pepper sprays and gels cannot be sold to minors. Arizona Oregon has no laws that prohibit individuals from carrying or using pepper spray. Such laws are generally found under assault charges. For instance, in Maine, New Hampshire, and Wisconsin, you must be over the age of 18 to carry pepper spray for self-defense. Generally, pepper spray laws are not too complicated from state to state, but it pays to stay on top of them to avoid any confusion and possible charges or fines. Is pepper spray illegal in all states of the US? Arkansas- No laws regarding the sale, purchase and legal use of non-lethal spray weapons. Arkansas State law prohibits the sale of a defensive weapon, including pepper spray, to a person under 18 years old. It is legal to buy, carry, use, and ship pepper spray to North Carolina. However, this assumes that you do not go beyond the intention of self defense when using the pepper spray. A professional legal editor for various publications who uses her analytical & observational skills, coupled with her extensive experience in the field of law to articulate difficult legal topics. Washington D.C. is also included within this list. Just because pepper spray is a less than lethal defensive tool does not mean you can use it against people for any insult or trespass against you. Pepper spray is considered a "less-lethal" weapon, meaning it is not intended to kill; instead, it causes temporary discomfort or pain to an attacker. It is legal to buy, carry, use, and ship pepper spray to Nevada. State law prohibits the sale of pepper spray to individuals under 18 years old. If any person maliciously release or cause or procure to be released in any private home, place of business or place of public gathering any tear gas, mustard gas, phosgene gas or other noxious or nauseating gases or mixtures of chemicals designed to, and capable of, producing vile or injurious or nauseating odors or gases, and bodily injury results to any person from such gas or odor, the offending person shall be guilty of a felony.. Indiana has no laws that prohibit individuals from carrying or using pepper spray. It can only be used in self-defense. Louisiana has no laws that prohibit individuals from carrying or using pepper spray. Security Equipment Corporation is not responsible for misrepresentation by the consumer nor the illegal use of our products. Nebraska has no laws that prohibit individuals from carrying or using pepper spray. Louisiana- has no laws that prohibit individuals from carrying or using pepper spray. It is legal to buy, carry, use, or ship to Kansas. You might hear the terms pepper spray and tear gas used interchangeably, and throughout our law series on this subject youll see the term self-defense spray or defensive spray pop up. Read on to find out. Do Check Are Radar Detectors Legal in Florida? This article is a guide to the legal restrictions on pepper spray in different states across the US. Texas Though prices will range, you can easily purchase pepper spray for under $10, making it an affordable self-defense option for anyone. It is legal to buy, carry, use, or ship to Indiana. It is legal to buy, carry, use, and ship pepper spray to Pennsylvania. With permission from a parent, you can purchase or possess pepper spray at 14 years old in Washington. For someone to buy pepper spray in New York, they have to be at least 18 years old. It is legal to buy, carry, use, and ship pepper spray to South Carolina. Disclaimer: These laws are subject to change at any time, and certain municipalities may have additional restrictions. Although pepper spray is non-lethal, different states have different laws about its usage. Size Restriction: Pepper sprays and gels containing CS tear gas cannot exceed more than 2 oz. It is legal to buy, carry, use, and ship pepper spray to Idaho. It is legal to buy, carry, use, or ship to Nebraska. Below are the pepper spray laws for each state. In some states, pepper spray is easily accessible with minimal legal restrictions, while in other states, there are strict limitations on the amount and strength allowed. New York: The restrictions are identical to those in Massachusetts. An individual who carries the weapon as a reasonable precaution against apprehended danger, subject to the right of the court in an action arising under this section to judge the reasonableness of the carrying of the weapon, and the proper occasion for carrying it, under the evidence in the case.. No person who is addicted to any narcotic drug shall purchase, possess, or use tear gas or tear gas weapons. Pepper spray cannot be disguised or camouflaged. Products are not permitted for sale to felons or minors. However, the capacity of the container shall not exceed one hundred fifty cubic centimeters (150 cc).. Plus, it may not contain more than 1.4% MC. Pepper spray is considered a dangerous weapon in Maryland, but individuals have the right to use it in self-defense. And still, others limit the amount of pepper spray that can be carried. 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 not more than two ounces of chemical.. Kansas has no laws that prohibit individuals from carrying or using pepper spray. Sign Up For Our Newsletter and Get a Discount Voucher For Any Purchase Made, NOTE: We can not ship pepper spray internationally or to the states of New York and MA, Fox Pepper Spray - 3 Sizes to Choose From, JPX4 4 Shot Pepper Gun Compact C2 With Laser, pepper spray that is designed against animals. Michigan In some states, the amount of pepper spray that you can purchase is limited.Therefore, if you are found with more than the amount that you are allowed to . Remember to check your local municipality to see if there are any restrictions at the county or city level. Rhode Island has no laws that prohibit individuals from carrying or using pepper spray. Another place where pepper spray is not allowed is specially secured buildings, like governmental buildings and state establishments. August 22, 2022, 11:36 pm. Individuals must be at least 18 to possess pepper spray. This list is not intended to take the place of legal . Florida It is legal to buy, use, possess, or ship pepper spray to New Jersey, though there are restrictions. It is legal to buy, carry, use, and ship pepper spray to Utah. Leaving pepper spray in a place where a minor could easily reach it is also against the law as it is considered negligence to leave dangerous weapons within reach of minors. But is it legal in your state? We appreciate all of our retail partners who support us in our mission to help keep people safe. A person may possess and use an electronic incapacitation device in the exercise of reasonable force in defense of the person or the persons property only if the electronic incapacitation device is labeled with or accompanied by clearly written instructions as to its use and the dangers involved in its use.. Under state or federal law uses for these dirt-cheap little items products contain. They are designed to be used against animals, then that is legal to buy,,... 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