Is Pepper Spray Legal In My State?

Is pepper spray legal in my state

This list of pepper spray laws is not to be used as legal advice. Also, it is best to contact your local police department to find out the exact laws in your area, or the area you are visiting. It is important to note that pepper spray is not allowed to be carried on baggage in airplanes.

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Is Pepper Spray Legal In…

ALABAMA: Legal, but the law only mentions the criminal use of a noxious substance.

ALASKA: Legal with restrictions. Must be 18 years of age to purchase.  Cannot be possessed in a school without permission of certain school authorities, unless the person is 21 years of age or older.

ARIZONA: Legal and  no restrictions at the time of this publication.

ARKANSAS: Legal but with restrictions. It is legal to possess a small container but the capacity cannot exceed (150cc). There is also a specific prohibition against using and spray against the law enforcement officer.

CALIFORNIA: Legal but with restrictions. …any person may purchase, possess or use. The restrictions include selling to a minor only 2.5 ounces by weight allowed. The misuse in California comes with state penalties of up to a $1000 fine and/or up to three years in prison, not to mention a possible felony conviction on record. Some examples of misuse include; spraying on people in anger, as a joke, possession of by prohibited persons; minors, drug addicts or persons convicted of felonies. To be  purchased, possessed or used in California, any canister must have a label that says “WARNING: The use of this substance or device for any purpose other than self-defense is a crime under the law. The contents are dangerous–use with care.” The maximum legal net weight for a canister is 2.5 ounces, or 70 grams of OC, CS or CN. CR is not legal for civilian use.

COLORADO: Legal and no restrictions at the time of this publication.

CONNECTICUT: Legal and no restrictions at the time of this publication.

DELAWARE: Legal but with restrictions. Defines “disabling chemical spray” Must be 18 or older to carry and the law mentions increasing the penalty for criminal use of the sprays.

FLORIDA: Legal. Defined as “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”. It is an expressly prohibited to use Pepper Spray against a law enforcement officer.

GEORGIA:  Legal and no restrictions at the time of this publication.

HAWAII: Legal but with restrictions. Only OC , only for 18 and over. There is a ½ ounce size restriction and there are licensing requirements. You cannot buy by mail or online.

IDAHO: Legal and no restrictions at the time of this publication.

ILLINOIS: Legal but with restrictions. 18+ only . In the City of Chicago it is illegal.

INDIANA: Legal, no restrictions at the time of this publication. You cannot buy by mail or online.

IOWA:  Legal, no restrictions at the time of this publication.

KANSAS:  Legal, no restrictions at the time of this publication.

KENTUCKY:  Legal, no restrictions at the time of this publication.

LOUISIANA:  Legal, no restrictions at the time of this publication.

MAINE: Legal. The criminal use prohibited, self defense use authorized.

MARYLAND: Legal. Anyone can carry as a precaution against danger.

MASSACHUSETTS: Legal with restrictions. A license is required. The unlicensed sale is illegal in Massachusetts. Massachusetts residents can only purchased from licensed Firearms Dealers in that state. The licensing authority is the local chief of police or other persons authorized by the locality. If you live in or plan on visiting Massachusetts and you want to carry pepper spray legally, their pepper spray law says you must get a FID (Firearms Identification Card). All you do is go to your local Massachusetts police station, show two forms of ID, fill out a form, pay $2, and wait a week. When you get your FID, keep it on your person (and of course, to make the FID useful, keep your pepper spray on your person as well). You cannot buy by mail or online.

MICHIGAN: Legal with restrictions. Size restrictions (no more than 35 grams of CS or no more than 2% OC and no combinations of CS and OC. 18+ only. You cannot buy by mail or online.

MINNESOTA: Legal. The use of a is permitted “…in the exercise of reasonable force of the person or the person’s property only if it is propelled from an aerosol container, labeled with or accompanied by clearly written instructions as to its use, and dated to indicate its anticipated useful life. The law here gives the right of localities to decide of its legality.

MISSISSIPPI:  Legal, no restrictions at the time of this publication.

MISSOURI: Legal. It allows the use or possession of a device that ejects a “temporary incapacitating substance”.

MONTANA:  Legal, no restrictions at the time of this publication.

NEBRASKA:  Legal, no restrictions at the time of this publication.

NEVADA: Legal but with restrictions. 18+ only and no felons. For use by adults with no more than 2 fluid ounces in the form of an aerosol spray designed for your protection.

NEW HAMPSHIRE:  Legal and no restrictions at the time of this publication.

NEW MEXICO:  Legal and  no restrictions at the time of this publication.

NEW JERSEY: Legal but with restrictions. Any non-felon 18 or over may possess for your protection “one pocket-sized device which contains and releases not more than three-quarters of an ounce of chemical substance not 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”. Also, you cannot buy by mail or online.

NEW YORK: Legal but with restrictions. Non Felons over 18 only,  for the protection of person or property. The definition is “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. There are certain labeling requirements. Sales require both a seller’s license and the completion by a purchaser of a registration form. New York residents may only purchase from licensed Firearms Dealers or licensed Pharmacists in that state. No more than two sprays may be sold at any one time to a single purchaser. Also, you cannot buy by mail or online.

NORTH CAROLINA: Legal but with restrictions. Non Felons over 18 only no more than (150cc)

NORTH DAKOTA:  Legal and no restrictions at the time of this publication.

OHIO:  Legal, no restrictions at the time of this publication.

OKLAHOMA:  Legal, no restrictions at the time of this publication.

OREGON: Legal, no restrictions at the time of this publication.

PENNSYLVANIA: Legal. “Chemical mace” is specifically excluded from the definition of weapons. There appears to be no regulation or restriction on their lawful use. Also, you cannot buy by mail or online.

RHODE ISLAND: Legal but with restrictions. Must be 18+ can only be use for self defense. You cannot buy by mail or online.

SOUTH CAROLINA: Legal but with restrictions. Only  (50cc) allowed.

SOUTH DAKOTA:  Legal and no restrictions at the time of this publication.

TENNESSEE:  Legal and no restrictions at the time of this publication.

TEXAS: Legal. Allowed “small chemical dispenser sold commercially for personal protection.

UTAH:  Legal, no restrictions at the time of this publication.

VERMONT:  Legal, no restrictions at the time of this publication.

VIRGINIA: Legal, no restrictions at the time of this publication.

WASHINGTON STATE: Legal but with restrictions. Authorizes the sale and use of Pepper Spray to 18 and older, or 14 with a parent or guardian’s permission.

WASHINGTON DC : Legal but with restrictions. Must be 18 or over “in the exercise of reasonable force in defense of the person or the person’s property only if it is propelled from an aerosol container, labeled with or accompanied by clearly written instructions as to its use, and dated to indicate its anticipated useful life.” The buyer must complete a registration form, and the vendor must forward the form to the Metropolitan Police Department.

WEST VIRGINIA:  Legal, no restrictions at the time of this publication.

WISCONSIN: Legal but with restrictions. UV Dye or combination sprays are not allowed. A “device or container that contains a combination of oleoresin of capsicum and inert ingredients” is permissible. OC products with a max concentration of 10% and weight range of oleoresin of capsicum and inert ingredients of 15-60 grams is authorized. Finally, The product can not be camouflaged, and must be designed to prevent accidental discharge. Also, certain labeling requirements… You cannot buy by mail or online.

WYOMING:  Legal and no restrictions at the time of this publication.

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Source: Cabela’s Pepper Spray Warnings