(1) A person commits the crime of unlawful use of an electrical stun gun, tear gas or mace in the second degree if the person recklessly discharges an electrical stun gun, tear gas weapon, mace, tear gas, pepper mace or any similar deleterious agent against another person. 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. Such restrictions are usually found in laws that govern the substance itself and not pepper spray in general. However, pepper spray can only be used for self-defense purposes, so carrying it with malicious intent is against the law. This blog was originally published in 2013 and has been updated for accuracy. See state regulations listed below. West Virginia Wisconsin document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This website is enrolled in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide means for sites to earn advertising fees by advertising and linking to Amazon.com. Wisconsin - Pepper spray and gel canisters cannot exceed 2.0 fluid oz. It is considered a weapon, and depending on their past charges, it can determine the types of consequences that come with carrying pepper spray. No person shall sell or furnish any tear gas or tear gas weapon to a minor. 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. 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.. It is hideously painful, sure, but the pain will subside over time. The possession and/or sale of SABRE defense sprays, SABRE Red defense sprays, FRONTIERSMAN and SABRE Wild Bear Attack Deterrents, Protector Dog Attack Deterrents, and SABRE stun guns are legal in most cities and/or states in the United States. Colorado has no laws that prohibit individuals from carrying or using pepper spray. It is legal to buy, use, possess, and ship pepper spray to Massachusetts. All pepper spray must be purchased from an authorized dealer within the state. Hawaii: You must get a license to carry pepper spray in the state of Hawaii. But, dont assume that just because pepper spray is legal in an area, all types are likewise legal. Certainly compared to guns or knives, a visible can of pepper spray is innocuous, and looks almost harmless. Before carrying, make sure youre up to date on your local laws and restrictions regarding pepper spray. The chemical mace or any similar substance shall not be considered as lethal weapons for the purposes of this act.. 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. New Jersey: Only containers of 0.75 ounces or less are legal in the state of New Jersey. Remember that laws and regulations are subject to constant change. And that is the pepper spray laws by state. Please read the disclaimer before taking any advise from the website. It is unlawful for a minor to purchase, possess or use any pepper spray in the city. Frequently Asked Questions. Typically, it is legal to carry pepper spray in public. Utah Indiana has no laws that prohibit individuals from carrying or using pepper spray. It is unlawful for any person to use any pepper spray for any purpose except: Self-defense; Defense of another person; or Protection of the property of the person or of another person. It is legal to buy, carry, use, or ship pepper spray to Arkansas, yet the container cannot exceed 150 cubic centimeters (150 cc). Montana In Washington, pepper spray can be carried by those who are 14 years old if they have parental permission. California- It is legal to sell, purchase, and legally use tear gas or pepper spray containing up to 2.5 oz of product. When you're making the decision to purchase pepper spray or pepper gel for yourself or a loved one, it's important to familiarize yourself with pepper spray laws. It is legal to buy, use, possess, and ship pepper spray to Minnesota. Keep in mind that all states have laws against the illegal use of pepper 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 not more than two ounces of chemical.. A person is guilty of criminal use of disabling chemicals if he intentionally sprays or otherwise uses upon any other person chemical mace or any similar substance composed of a mixture of gas and chemicals which has or is designed to have a disabling effect upon human beings.. South Carolina has no laws that prohibit individuals from carrying or using pepper spray. Pepper spray is legal in all 50 states, though there are some conditions in place in certain states. It is unlawful to sell or offer for sale any pepper spray on-premises where liquor or alcoholic beverages are consumed.. Top brands like Mace, Wildfire, and Peppershot offer high-quality options for personal protection. Does your state have specific restrictions? It is legal to buy, carry, use, and ship pepper spray to Indiana. In America, plenty of people carry guns and knives for self-defense but there is little attention paid to humble pepper spray. Pepper spray is for self-defense purposes only regardless of the state and whether or not they make mention of pepper spray in their state statutes. Not a convicted felon. It is legal to buy, use, possess, or ship pepper spray to Hawaii, though you must be at least 18 years old to purchase or possess pepper spray. It is legal to buy, carry, use, and ship pepper spray to Rhode Island; however, individuals must be at least 18 years old to possess pepper spray. Pepper spray strength cannot exceed 0.7% major capsaicinoids Pepper sprays and gels can only be sold by licensed firearms dealers and licensed pharmacists Nevada:Pepper sprays and gels cannot be sold to minors. South Dakota has no laws that prohibit individuals from carrying or using pepper spray. We may receive a commission for purchases made through these links. Nevada: You cannot carry a container greater than 2 ounces if it contains CS tear gas. Oklahoma Tank Fire Sparks Yet Another Chemical Incident. Oregon has no laws that prohibit individuals from carrying or using pepper spray. Chicago only: Pepper spray cannot be used in an enclosed space with more than 20 people (like a bar, club, etc. States Where Pepper Sprays Have Some Restrictions. We have compiled a list of all the states and included information about the laws and restrictions in each state. Mississippi has no laws that prohibit individuals from carrying or using pepper spray. It is legal to buy, use, possess, or ship pepper spray to Michigan, but there are several restrictions. Then you're gonna love my free PDF, 20 common survival items, 20 uncommon survival uses for each. It is legal to buy, use, possess, or ship pepper spray to North Carolina, though there are restrictions. Pepper spray cannot contain an ultraviolet dye and no more than 18% oleoresin capsicum. However, each state has its own laws governing pepper spray, and some are more restrictive than others. Oklahoma Depending on the circumstances, using pepper spray for self-defense could be legal or illegal depending on the state you reside in. It is legal to buy, carry, use, or ship to South Carolina. Many people have the misconception that using pepper spray is illegal. Hawaii FREE Shipping & FREE SABRE Home Security Decals On All Orders Over $50. Pepper spray must only be used in cases of legitimate need of self-defense. Score: 4.4/5 (73 votes) . Gjelten Usually. It is illegal to ship pepper sprays and gels to New York. Hawaii No. It is important to be aware of the laws governing your location, both when you are at home and when you are traveling. Pepper spray Massachusetts, Pepper spray Georgia is banned in any capacity. Therefore you should check with your local law enforcement office to verify current statutes. However, the capacity of the container shall not exceed one hundred fifty cubic centimeters (150 cc).. Some states have limitations that include: While many states may have restrictions, no state requires training or a permit to possess or purchase pepper spray, whether it is concealed or not. As of right now, all 50 states and Washington D.C. enforce these laws with no excuses. Florida: The Sunshine state restricts the size of pepper spray containers to no more than 2 ounces. However, there are exceptions. New York It is legal to buy, carry, use, and ship pepper spray to Delaware. Pepper spray cannot be more than 35 grams of any combination of orthochlorobenzalmalononitrile and inert ingredients; Pepper spray cannot be more than 18% oleoresin capsicum; Pepper spray cannot contain an ultraviolet dye and not more than 18% oleoresin capsicum; Minors are prohibited from purchasing pepper spray. With permission from a parent, you can purchase or possess pepper spray at 14 years old in Washington. Size Restriction: size cannot exceed 2.5 fluid ounces, Size Restriction: Size cannot exceed 2 fluid ounces. Continued use beyond reason may be considered a crime under certain circumstances. E.A. It is not legal to ship human formula pepper spray to an address in Massachusetts, though animal spray can be legally shipped to the state. Self-defense, at its most technical, is the use of force against someone who is using unlawful force against you, or is it imminently threatening to use unlawful force against you. 2023 SABRE - Security Equipment Corp. We use cookies to track activity, click here to see our privacy policy. Until then, stun guns and TASERs are still illegal. SABRE products are sold in many retailers, ranging from big-box and convenience stores to neighborhood drug stores and mom-and-pop shops. You must be at least 18 years old to possess pepper spray. It's legal to own & carry a pepper spray. California. Indiana Read More , A prudent person foresees the danger ahead and takes precautions. If you meet the qualifications, then you can carry this self-defense product. But is it legal in your state? A violation of this subsection is a misdemeanor. on Pepper Spray Laws By State in USA (2021), HM03 AR-15 Rifle M-LOK Free Float Handguard 7/10/12/15/17, Cam Mechanical Expandable Baton 21L/21H/26H, BEST STUN GUNS: LESS THAN LETHAL SELF DEFENSE, USING A BATON FOR SELF-DEFENSE: WHAT YOU NEED TO KNOW. Pepper spray causes temporary blindness, pain, breathing problems and panic: when it's used excessively, it can kill. Visit ourWhere to Buypage to find out where you can purchase a SABRE pepper spray in your state. Stun guns are also legal, but there are some restrictions. Plus, it may not contain more than 1.4% MC. Age Restriction: Must be 18+; Must be 21+ to carry on school property, Size Restriction: Size cannot exceed 5.07 fluid oz, Age Restriction: Must be 18+ Georgia Minors cannot purchase pepper spray. Concentration For instance, in Maine, New Hampshire, and Wisconsin, you must be over the age of 18 to carry pepper spray for self-defense. Arizona has no laws that prohibit individuals from carrying or using pepper spray. Missouri has no laws that prohibit individuals from carrying or using pepper spray. A person is justified in threatening or using physical force against another when and to the extent a reasonable person would believe that physical force is immediately necessary to protect himself against the others use or attempted use of unlawful physical force.. New York:Product canisters cannot contain more than 0.75 oz. Kentucky Washington D.C. State law prohibits the sale of a defensive weapon, including pepper spray, to a person under 18 years old. Arkansas- No laws regarding the sale, purchase and legal use of non-lethal spray weapons. However, some states only allow the use and carry of pepper spray under certain circumstances. The purchaser also cannot have a record of assault or felony convictions in any state. The following list reflects the best information we have at this time and may or may not be complete. Michigan: Pepper spray must not be more than 10% and can be used for self defense. One place that pepper spray is not allowed is commercial airlines. Product canisters cannot contain more than 2 fluid oz. The Act prohibits DOJ from promulgating or enforcing such rules.. Since the introduction of pepper spray in the 1980s, it has been regulated as a restricted weapon. It is legal to buy, carry, use, and ship pepper spray to Illinois. 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. This action became illegal after the events of 9/11 occurred in 2001. South Carolina It is legal to buy, carry, use, and ship pepper spray to Idaho. It is illegal to ship human formula pepper spray to New York; however, it is legal to ship animal formula pepper spray. In general, pepper spray is legal in most places. This means that you should know the pepper spray laws by state. Therefore, it is legal to buy, carry, use, or ship to Colorado. Youll definitely want to stay on the right side of the law anytime you are talking about self-defense, so today we are bringing you this primer it will tell you everything you need to know about carrying and using pepper spray, as well as links to a thorough overview for each states pepper spray laws. Alaska Yes, you can! Michigan:Pepper sprays and gels cannot contain more than 35 grams of CS, and also cannot contain more than 18% of oleoresin capsicum (OC). No laws regarding the sale, purchase and legal use of non-lethal spray weapons. Though prices will range, you can easily purchase pepper spray for under $10, making it an affordable self-defense option for anyone. Pepper spray penalties for violating these restrictions vary by state, ranging from a misdemeanor to a felony charge. However, you will notice that in other states their pepper spray rules are a lot different and much more strict. Minors are prohibited from using pepper spray between one hour before sunset and one hour before sunrise. It is legal to buy, carry, use, or ship to South Dakota. Using pepper spray in the commission of a crime may increase the severity of the charge itself. But before entering a state, it is important to understand the varying laws in each respective state. Also, certain states have laws that prohibit the possession of pepper spray that contains tear gas. Are these all just synonyms? Sign up to get the latest safety tips, trends, and news delivered straight to your inbox! The device must be pocket-sized and cannot release more than 3/4 of an ounce of pepper spray. For someone to buy pepper spray in New York, they have to be at least 18 years old. It is prohibited for any persons addicted to any narcotic drug or persons under 18 to buy, possess, or use tear gas or tear gas products. While a firearms identification card was previously required to possess pepper spray, it no longer is, except for purchasers between the ages of 15 and 18. Convicted felons are prohibited from possessing pepper spray. Currently, 13 states have specific conditions for their pepper spray law. MGL c.140, 121 Definitions of stun gun; MGL c.140, 131J Stun guns - regulation and access. Although pepper spray is non-lethal, different states have different laws about its usage. As with most states, the use of pepper spray must be in self-defense. Age Restriction: Must be 18+ However, in many other statesincluding Massachusettsyou can carry pepper spray if youre old enough to vote (16 years old) or drive (15 years old). Nebraska However, there are some states that carry restrictions on the amount or use of pepper spray. It is legal to buy, carry, use, or ship to Mississippi. It is legal to buy, carry, use, and ship pepper spray to New Mexico. A person may possess and use an authorized tear gas compound in the exercise of reasonable force in defense of the person or the persons property only if it is propelled from an aerosol container, labeled with or accompanied by clearly written instructions as to its use and the dangers involved in its use, and dated to indicate its anticipated useful life. No person who is a minor shall purchase, possess, or use tear gas or tear gas weapons.. Is pepper spray legal in the state of Washington, D.C? Just enter your primary e-mail below to get your link: Save my name, email, and website in this browser for the next time I comment. There are two types of people who cannot have access to pepper spray for any reason: * Alaska With restrictions: Cannot be carried in a school unless over 21 years old. This means that, according to federal law, you can only buy it with your ID and are only allowed to use it if you are an adult. Kentucky has no laws that prohibit individuals from carrying or using pepper spray. Believe it or not, pepper spray is legal in all 50 states. Minnesota: The seller must comply with local licensing requirements, if applicable in their area. Wyoming has no laws that prohibit individuals from carrying or using pepper spray. Vermont has no laws that prohibit individuals from carrying or using pepper spray. If you are a resident of California and under 18, you cant own pepper. Each state does have its own laws, although many states have yet to create laws governing the possession or usage of pepper spray. 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. Any person 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 or her protection or the protection of others.. New law becomes effective as of January 1st, 2022. Its effects last for about 30 minutes or so. An individual who is prohibited from possessing a pistol in Minnesota cannot possess pepper spray. "Self-defense chemical sprays" are legal. It is also illegal to possess in a school without the permission of school authorities. It is legal to buy, carry, use, and ship pepper spray to West Virginia. Delaware:Pepper sprays and gels cannot be sold to minors. When used as a self-defense weapon, they are recognized as legal. It is legal to buy, carry, use, and ship pepper spray to California, but the container cannot exceed 2.5 ounces. is it legal to sell pepper spray. It is legal to buy, carry, use, or ship to Alabama. It is legal to buy, carry, use, and ship pepper spray to Tennessee. Illinois It is legal to buy, carry, use, or ship to New Mexico. Personal protection spray devices. Alabama has no laws that prohibit individuals from carrying or using pepper spray. 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 . Also, the pepper spray cannot contain more than 10% oleoresin capsicum or OC. 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. It is legal to buy, carry, use, and ship pepper spray to Vermont. This site is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. Virginia has no laws that prohibit individuals from carrying or using pepper spray. Nothing 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. Pepper spray is classified as a weapon by the U.S. Department of Justice. But it is still regulated. A firearms identification card is required for purchasers 15 to 18 years old. It is legal to buy, use, possess, or ship pepper spray to Idaho. You can certainly use it multiple times in a self-defense situation, but if you use it way beyond whats needed, that can be considered unlawful. The Act removes the requirements for the Department of Justice (DOJ) to promulgate specific rules governing pepper spray standards, including the percentage of active ingredients, range of spray, weight, and safety packaging. It is legal to buy, carry, use, and ship pepper spray to Alabama. Colorado [2022], Legal Address vs Mailing Address Key Differences, Attorney vs Advocate Key Differences Simplified, Is it Illegal to Drive Barefoot? What follows are the states and what restrictions apply. However, some cities and/or states have chosen to establish certain restrictions surrounding the possession and/or sale of these products. Massachusetts:A license is required to sell or carry pepper sprays and gels. 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