Is pepper spray legal?

[cyndi]

In another thread someone posted that pepper spray is legal in all states. I was surprised because last I knew it wasn't legal in MA. I did a little (very little) research.

Pepper spray in legal in all state, but the size and strength of the product differs from state to state and there are other restrictions that apply

http://www.peppereyes.com/page/peppersprayregs


https://www.cabelas.com/assets/product_files/pdf/pepperspray_lawsregulation.pdf

 

[Queen]

I find carrying a small pink container of it tends to keep LEO's from asking about it. It just looks so innocuous on t it's little keychain.

 

[mockturtle]

Just the opposite for me, Queen. I carry a big canister of Bear Spray which is legal in the states in which I travel. While it might attract attention on a city street [I avoid cities], it is very appropriate on the trail and in the campground.

Pepper spray is a good deterrent to aggressive dogs. Importantly, it does no lasting harm to animal or human.

 

[Queen]

Just the opposite for me, Queen.  I carry a big canister of Bear Spray which is legal in the states in which I travel.  While it might attract attention on a city street [I avoid cities], it is very appropriate on the trail and in the campground.  

Pepper spray is a good deterrent to aggressive dogs.  Importantly, it does no lasting harm to animal or human.

I'll definitely go that route when we travel out West.

 

[vanman2300]

Incredibly pepper spray can be illegal in some states. So you are limited to using household products but that turns out to be to your advantage because hornet spray is much more debilitating to an attacker. The foaming spray doesn't disperse like pepper spray. It completely blinds the attacked rather than merely making the eyes water. It shoots much further AND you can clearly see if you got them good. Finally it sticks very well to anything it hits making it hard to get out of the eyes.

As far as legalities are concerned just never let LEO know you kept it handy to ward off attackers and claim the spray was at hand and you used whatever was immediately available to you. Another household item to use after nailing the attacker is a good heavy pot or rolling pin just to make sure they won't get up again until help arrives.

 

[Patrick46]

I just read the toxicity report on wasp & hornet spray (wondered if it could blind someone, and it looks to be pretty safe.)
I may just carry somma that!

I was thinking a can of Lysol spray might work well too...in addition of not making LEO's or anyone else suspicious of it's presence

 

[cyndi]

Incredibly pepper spray can be illegal in some states.

One of the earlier posts has links that show pepper spray IS now legal in all 50 states. Restrictions differ from state tostate with regard to size, strength and purpose.

 

[vanman2300]

Hornet spray is safe I've heard if it is washed out. But personally if I were being attacked or seriously threatened then anything goes. I have no reservations about putting a threat down fast, hard and permanently even if it meant blinding someone......or worse. But I will admit it is a plus that the spray only temporarily blinds.

 

[Optimistic Paranoid]

Just the opposite for me, Queen.  I carry a big canister of Bear Spray which is legal in the states in which I travel.  While it might attract attention on a city street [I avoid cities], it is very appropriate on the trail and in the campground.  

Pepper spray is a good deterrent to aggressive dogs.  Importantly, it does no lasting harm to animal or human.

While doing some research on this subject, I came across references to a Canadian study which found that in 11% of the cases where bear spray was successfully deployed, the blowback also blinded the person who used it.  If you are going to carry this stuff, you might want to also carry a couple of the special wipes that are used to clean up and neutralize the stuff:

http://www.galls.com/vexor-pepper-spray-first-aid-cleansing-wipes?cexid=79&casid=1#.VenUz3mFMis

I suggest you also see the article http://americanpreppersnetwork.com/2014/01/does-bear-spray-or-wasp-spay-work-for-self-defense.html  On the difference between % of active ingredient vs the Scoville Heat Units of the active ingredient.

Regards
John

 

[Optimistic Paranoid]

One of the earlier posts has links that show pepper spray IS now legal in all 50 states. Restrictions differ from state tostate with regard to size, strength and purpose.

People tend to use the terms "pepper spray" , "self-defense spray", "Mace", "pepper Mace"  etc. fairly indiscriminately.

Please be aware that some self defense sprays are 100% pepper spray, and some are a mixture of pepper spray and tear gas.  The latter is most definitely illegal in NY, and probably a lot of other places where pure pepper spray is legal.

Make sure of what you are buying.

Regards
John

 

[Van-Tramp]

Carrying bear spray instead of pepper spray may just get you killed. Bear spray has the same ingredients as Pepper spray but 5X less (2% instead of Pepper Sprays 10%). Carrying it for use against anything other than wildlife is in violation of Federal Laws.

Wasp spray has ZERO ingredients formulated to stop a human being. It is effective against wasps, not humans. Carrying it would not only be ridiculous, it would also be in violation of Federal Laws. There is zero data to show that wasp spray is effective against a human and just about anyone in self defense recommends NOT using wasp spray.

Pepper spray is also regulated by each state, county, city. So, if you are going to carry it, you best research the laws for each state/county/city you are entering, BEFORE you enter them. I recently got to test a few of these inexpensive key chain pepper sprays intended for self defense and here is what I found;
1) It sprayed about 6 feet (max) in a steep arch and in a very fine stream (all together, less than a single squirt from a Windex sprayer in stream mode)
2) The spray lasted about 3 seconds, making it nearly impossible to aim that stream into an attackers face, more so if he is moving or more than 6 feet from you (remember, his arms are going to be nearly 3 feet long, so you have only a 3 foot buffer to get the job done)
3) I was able to basically walk up and put my face into the blasted target (a tree), and inhale deeply, and have ZERO negative effects. One smelled like rubbing alcohol and another smelled of pepper, but neither bothered my nose or eyes even though I was less than 1 inch away and breathing deeply.

All in all, key chain pepper spray is 99.9% useless and still illegal in many places across the USA. It is 100% illegal in Canada. It is a feel-good gimmick and will not help you defend yourself if the S hits the F. Get the full and proper pepper spray (big bottle, highest caps %) like what the police would carry, and do a lot of law reading before entering each and every state/county/city

 

[Suanne]

I've read many articles and posts about the legalities of using pepper spray, bear spray or other substances (e.g. wasp spray) for self protection. Many state, with authority, the legalities of using one over the other. I've yet to see anyone site US federal legal code, and just a few who site state code.

In addition to the articles Cyndi posted in the OP, Wikipedia lists some state laws (https://en.wikipedia.org/wiki/Pepper_spray). But, even this site's "Legality" section states, "This section needs additional citations for verification..."

I have my own experiences with these substances, but I'd sure like to know the actual, verified legalities of it all. Anyone with the research skills to point out where I could find actual federal law on pepper spray?

 

[MikeRuth]

http://www.crimedoctor.com/self_defense_1.htm

This is a good read for anyone thinking of using pepper spray.

Personally as part of the article states, heighten awareness is best.
I'm 6'1" 240 lbs but I still keep my eyes open when walking around parking lots and areas that just seem uncomfortable. Knowing what's going on around you is the first step in self defense.

Mike R

 

[Van-Tramp]

States where pepper spray is legal with no restrictions
According to the pepper spray laws of the following states, they have no restrictions:

1. Alabama
2. Arizona
3. Colorado
4. Connecticut
5. Georgia
6. Idaho
7. Indiana
8. Iowa
9. Kansas
10. Kentucky
11. Louisiana
12. Maine
13. Maryland
14. Minnesota
15. Mississippi
16. Missouri
17. Montana
18. Nebraska
19. New Hampshire
20. New Mexico
21. North Dakota
22. Ohio
23. Oklahoma
24. Oregon
25. Pennsylvania
26. South Dakota
27. Tennessee
28. Texas
29. Utah
30. Vermont
31. Virginia
32. West Virginia
33. Wyoming

Some states only allow the sale of pepper spray through licensed dealers. Certain states may only allow the sale of pepper spray in person and prohibit online purchasing. Also, several states require the buyer to be the age of 18 or older. Lastly, particular states may require a firearms identification card or a firearms license for a civilian to legally carry pepper spray.


States with restrictions on pepper spray

Pepper spray is legal in the following states but with the following restrictions:
​

Alaska
In the state of Alaska you must be 18 years old to buy any defensive weapon. Pepper spray cannot be possessed on school grounds unless you have permission from school authorities and are over the age of 21.

Arkansas
Allowed to possess but cannot exceed a weight of 4 ounces.

California
Pepper spray cannot contain more than 2.5 ounces and can only be used for self defense purposes. Any misuse can carry a penalty of $1000, up to 3 years in prison, and a felony conviction.

Delaware
Cannot be possessed by minors and must be used for self defense purposes only

Florida
Net weight cannot exceed 2 ounces.

Hawaii
OC products can only be purchased through a licensed dealer such as a gun shop. The canister cannot exceed a net weight of 1/2 ounce, and you also need to be at least 18 years of age

Illinois
Must be 18 years of age to carry pepper spray. Illegal to carry in the city of Chicago.

Massachusetts
Massachusetts defines any chemical substance designed to incapacitate an individual as “ammunition”. Thus, self defense sprays can only be purchased through licensed firearms dealers and the buyer must hold a valid Firearms Identification Card (FID) or a License to Carry Firearms (LTC). You can obtain a FID card from your local police station.

Michigan
Michigan allows the use of pepper spray containing no more than 10% OC concentration.  Also, the weight of the canister can be no more than 1.2 oz. Pepper sprays containing UV dyes are also not allowed. Animal sprays such as dog or bear sprays are completely legal.


Nevada
Cannot be possessed by minor or felons nor can the canister hold more than 2 ounces.

New Jersey
New Jersey law states pepper spray can be owned by anyone 18 years or older. Felons are prohibited from owning OC products. The net weight of the canister cannot exceed 0.75 ounces.

New York
Must be 18 years of age or older. Traditional pepper spray can only be purchased either at a pharmacy or licensed firearm dealer and cannot be purchased through online sale. Animal repellents such as dog and bear sprays are allowed to be purchased through online sale.

New Jersey
Pepper spray is legal but can only be purchased by a person of 18 years of age or older and must be a non-felon.

North Carolina
Cannot be possessed by felons or contain more than 4 ounces of chemical substance.


Rhode Island
Rhode Island laws states that any person 18 of age or older can carry any non-lethal noxious substance or liquid for self defense purposes.

South Carolina
Container cannot contain more than 1.69 ounces.

Washington DC (District of Columbia)
Residents who possess pepper spray must register with local law enforcement.  Residents must be 18 years of age or older to carry pepper spray but anyone 14 or older can do so as long as they have parental permission.

Washington State
Allowed to possess if 18 years of age or over, or with parents permission if at least 14 years old.

Wisconsin
Mace or tear gas is prohibited along with UV dyes. By law, pepper spray cannot contain an OC   concentration above 10% and a weight no more than 2 oz.  The pepper spray must be designed with a safety feature which prevents accidental discharge. It may not be sold to anyone under the age of 18.  Additional labelling requirements obligate the manufacturer to list their phone number on the product.

If any state listed above does not mention an age requirement then that means it does not have one.
​

Traveling by Air with Pepper Spray
When traveling by air within the United States you are only allowed to transport pepper spray in checked baggage. It is not allowed to be packed in carry-on baggage, purses, briefcases etc.
Most airlines will allow pepper spray in up to 4 oz containers but it is always best to check with your specific airliner. It’s probably a good idea if you don’t carry pepper spray when flying, and instead purchase a new canister when you arrive to your destination.

 

[Queen]

Just love that here in FL I can buy an arsenal of guns, but I can't have more than two ounces of pepper spray.   :dodgy:

 

[Van-Tramp]

Thanks heavens for the 2nd Amendment right?

Actually, pepper spray should be covered under 2A as well. The right to bear "arms"... it does not say "guns", it says "arms" which is all encompassing. There are already legal movements in place to ensure 2A includes knives, sprays, bats, etc in the future.

 

[ramblingvanman]

Just love that here in FL I can buy an arsenal of guns, but I can't have more than two ounces of pepper spray.   :dodgy:

Not true. Each container may only be 2 oz max, but you could hold one in each hand and more in your pockets.  I carry 2 as part of my EDC load out.

 

[vanman2300]

There's a lot of opinions on theweb that conflict. In any case since it is so restricted where I am I'll stick with the hornet foaming spray. In the very least it will in fact momentarily blind and disorient maybe long enough to escape. It's better than having nothing at all.

I liked Texas the best because almost nothing was illegal to have or do if you were facing an aggressor. Nothing like having a12 gauge pistol grip pump action with the minimum barrel allowed. Rack a shell in and usually the guy gets out of town fast. A few strategically placed squares of bubble wrap to help alert you to where he is also works out well too so you don't have to see him to shoot him first.

 

[MK7]

because hornet spray is much more debilitating to an attacker. The foaming spray doesn't disperse like pepper spray. It completely blinds the attacked rather than merely making the eyes water.

No it doesn't. It says right on the can that it may cause MILD irritation to humans.

 

[Erianerson]

[font=arial, sans-serif]According to the Criminal Code of [/font][font=arial, sans-serif]Canada[/font][font=arial, sans-serif], it's [/font][font=arial, sans-serif]legal[/font][font=arial, sans-serif] to carry a product designed for personal protection against another human. However, [/font][font=arial, sans-serif]mace[/font][font=arial, sans-serif] – which has a higher concentration of oleoresin capsicum, the chemical found in [/font][font=arial, sans-serif]pepper spray[/font][font=arial, sans-serif] – is considered a prohibited weapon, which makes it [/font][font=arial, sans-serif]illegal[/font][font=arial, sans-serif].[/font]