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Pepper Spray Laws: What You Need to Know

Pepper Spray Laws: What You Need to Know

7th Jun 2024

Pepper spray laws

Pepper spray is a popular self defense tool, valued for its effectiveness and ease of use. However, its legality varies significantly from one region to another. Understanding the laws surrounding pepper spray is crucial to ensure that you stay within legal boundaries while protecting yourself. We'll explore the key aspects of pepper spray laws in various jurisdictions, including the Europe, other parts of the world and United States. Currently 17 states regulate pepper spray in Unites States. In general, pepper spray is legal in all 50 states, but some states put different restrictions on possessing and carrying pepper spray.

Pepper Spray Laws in the United States

In the United States, pepper spray laws can differ drastically between states and even cities. Here's a general overview:

Federal Regulations: At the federal level, there are no specific laws regulating pepper spray. However, the Environmental Protection Agency (EPA) does have guidelines on the chemical composition of self-defense sprays.

State and Local Laws:
  • California: Individuals can carry pepper spray containers that are 2.5 ounces or less. The spray must be used solely for self-defense.
  • New York: Pepper spray is legal but must be purchased in-state from licensed firearms dealers or pharmacies. Each canister must have a safety feature.
  • Massachusetts: Only individuals with a firearm identification card (FID) can purchase and carry pepper spray.
  • Michigan: Pepper spray must not contain more than 10% oleoresin capsicum, the active ingredient in pepper spray.
  • Wisconsin: The maximum allowable concentration is 10% and canisters must not exceed 2 ounces.
  • Alaska: Pepper sprays and gels cannot be sold to minors or online. To carry on school property, the user must be at least 21 years old.
  • Arkansas: Pepper spray and gel canisters cannot exceed 5.9 oz.
  • Delaware: Pepper sprays and gels cannot be sold, given, or transferred to minors without the permission of a legal guardian.
  • Washington D.C.: Pepper sprays and gels cannot be sold online.
  • Florida: Pepper spray and gel canisters cannot exceed 2 oz.
  • Hawaii: Pepper sprays and gel cannot be sold online and cannot contain more than 0.5 oz
  • Illinois: Pepper sprays and gels cannot be sold to minors.
  • Maryland: Pepper sprays and gels cannot be sold to minors. Pepper sprays and gels cannot be carried on public school property.
  • Massachusetts: A license is required to sell or carry pepper sprays and gels. Only licensed firearms dealers can sell pepper sprays and gels, and those ages 15 to 18 must obtain a firearms ID card in order to purchase. Pepper sprays and gels cannot be sold online.
  • Minnesota: Pepper sprays and gels cannot be possessed by anyone under the age of 16 without written permission of legal guardian.
  • New Jersey: Pepper sprays and gels cannot be possessed by a minor or felon. Product canisters cannot contain more than 0.75 oz.
  • Nevada: Pepper sprays and gels cannot be sold to minors. Product canisters cannot contain more than 2 oz. The FIGHTSENSE 3-in-1 formula canisters over 2oz are currently not legal.
  • North Carolina: Pepper spray and gel canisters cannot exceed 5.29 oz and cannot be possessed by felon.
  • Rhode Island: Pepper sprays and gels cannot be sold to minors.
  • South Carolina: Pepper spray and gel canisters cannot exceed 1.69 oz.
  • Wisconsin: The maximum allowable concentration is 10% and canisters must not exceed 2 ounces.

It's important to check local laws as some cities might have stricter regulations than their states.

Key Considerations When Carrying Pepper Spray

  1. Know Your Local Laws: Always check the specific regulations in your area regarding the use and possession of pepper spray. Ignorance of the law is not a valid defense.
  2. Purchase Legally: Ensure that you buy pepper spray from authorized dealers to comply with local regulations.
  3. Use Responsibly: Pepper spray should only be used in genuine self-defense situations. Misuse can result in severe legal consequences.
  4. Understand Restrictions: Be aware of any restrictions on the concentration of active ingredients and the size of the canister.
  5. Stay Updated: Laws can change, so it's essential to stay informed about any legislative updates regarding self-defense tools.

Pepper spray is a powerful tool for personal protection, but its legality varies widely. Whether you live in the United States, Europe, or elsewhere, understanding and complying with local laws is crucial. Always research and adhere to the regulations in your area to ensure that you can protect yourself legally and effectively.

Pepper Spray Laws FAQ's:

Q1: Home or concealed carry?

Ans: This is a big decision that affects most of the laws around pepper spray. In general, what you do on your property is your business. There are few laws regarding the type of pepper spray you can use to defend your home. For example, if you want to protect your apartment, dorm, or house with something like the SALT Pepper Spray Gun, you can openly carry it on your hip in most places if you so chose.

Q2: How much can I carry?

Ans: Many states prohibit the overall size of the pepper spray you can carry. This means you may be limited to carrying 2 ounces, or even 1.69 ounces, or you may be able to carry as much as 4 ounces. Be sure to look into this before you buy.

Q3: Can I carry it everywhere?

Ans: Some states restrict where you can carry a weapon and treat all weapons the same. This means you may not be allowed to carry it on campus, at a primary school, or government buildings. Carrying a weapon of any kind is prohibited in all federal buildings.

Q4: Where can I buy it legally?

Ans: Most states allow you to buy pepper spray everywhere. You can buy it from a flea market, a Wal-Mart, or online from a trusted retailer like FIGHTSENSE. Other states may restrict you to FFL holders or pharmacies.

Q5: Does concentration matter?

Ans: Much like the amount you can carry, the concentration of the OC is another component to consider. Some states restrict the pepper spray sold by it’s OC Concentration.

Q6: Do I need permission to carry pepper spray on school property? 

Ans: Alaska specifies that permission and a minimum age requirement are necessary to carry pepper spray on school property.

Q7: Are there licensing requirements for selling or carrying pepper spray in certain states?

Ans: Massachusetts, Minnesota, and New York require a license for selling pepper spray. Massachusetts requires a license in order to carry pepper sprays and gels and those ages 15 to 18 must obtain a firearms ID card in order to purchase.

Q8:How old do you need to be carry pepper spray? 

Ans: The vast majority of states actually do not have an age limit or required age to possess pepper spray. The few that do restrict it to people ages 18 and older.