State & Local Pepper Spray Laws

Restricted Items Information ~ Pepper Spray Laws

Pepper Spray Laws by State (Updated October, 2017)

We know that State & Local Pepper Spray Laws can be confusing, and sometimes even contradictory. Furthermore, those laws are frequently changed, amended, or (sometimes) abolished. As a result, keeping current on your local laws can be overwhelming.

To help you sort through the various state statutes, we have compiled below a summary of each state's laws on the possession and use of non-lethal aerosol weapons.

The information was obtained from letters sent to each State Attorney General, requesting information on current state laws regarding chemical aerosol sprays used for self-defense.

The following summary reflects the various laws on the sale and use of non-lethal spray weapons. In no way should this be regarded as the final word on the legal status of said laws.

This report is not intended to take place of legal counsel nor should it be looked at as being any form of legal advice. Please check with your local authorities to obtain the latest information, as our politicians and bureaucrats have a tendency to change laws from one day to the next.

Remember that Federal law prohibits the carrying of any type of chemical weapon on commercial aircraft, in federal buildings, prisons, and courts.

We do not agree with any legislation that infringes on a person's right to self-protection, by whatever means he or she feels most comfortable with. In fact, we adamantly oppose most, if not all, such legislation. Unfortunately, we are required to abide by these restrictions, however inane they may be.

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Disclaimer

  • KnightOwlSurvivalStore is not responsible for any physical harm or damage from the use or misuse of any self-defense weapons purchased from us, including, but not limited to, Stun Guns, Tasers, Batons, Pepper Sprays, and Knives.
  • By purchasing a self-defense weapon from us, you understand and acknowledge that KnightOwlSurvivalStore does not warrant that you may legally purchase, possess, or carry these products according to any state or local laws. You also acknowledge that you have determined their legality before purchasing and that you are an adult of at least 18 years of age and under no legal disability.
  • By purchasing a self-defense weapon from us, the buyer warrants that he/she is in compliance with all applicable federal, state and local laws and regulations regarding the purchase, ownership and use of the item. The buyer expressly agrees to indemnify and hold harmless KnightOwlSurvivalStore for any claims resulting directly or indirectly from the purchase, ownership and use of such item in compliance with, or in violation of, any federal, state or local laws or regulations.
  • It is the sole responsibility of the purchaser to comply with all local, state and federal laws or statues pertaining to the possession and/or use of any of the products we sell. Please check your current local laws before ordering any self-defense weapon from us.

Summary of State Pepper Spray Laws (Updated Oct. 2017)

Regarding the Possession and Use of Pepper Spray, Mace, and Aerosol Deterrents

Alabama ~ Legal

No state law prohibiting or regulating a defensive aerosol spray product.

Alaska ~ Legal

No laws regarding the sale, purchase and legal use of non-lethal spray weapons.

Arizona ~ Legal

No laws regarding the sale, purchase and legal use of non-lethal spray weapons.

Arkansas ~ Legal

No laws regarding the sale, purchase and legal use of non-lethal spray weapons.

California ~ Legal with Restrictions

It is legal to sell, purchase, and legally use tear gas or pepper spray containing up to 2.5 oz of product. Certificates of training are no longer required. Products are not permitted for sale to felons or minors. Product packaging must meet standard Dept of Justice requirements.

Colorado ~ Legal

No laws regarding the sale, purchase and legal use of non-lethal spray weapons.

Connecticut ~ Legal

State law is not specific about the classification and sale of any defensive aerosol. Anyone can purchase and carry a chemical spray product at the present time.

Delaware ~ Legal

No laws regarding the sale, purchase and legal use of any non-lethal spray weapons.

District of Columbia ~ Legal with Restrictions

Self-defense sprays are lawful if used or possessed by a person 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." Section 6-2322 et seq. When purchasing such a spray, the buyer must complete a standard registration form, and the vendor must forward the form to the Metropolitan Police Department. Section 6-2324.

Florida ~ Legal

" It is legal to sell, purchase, and legally use any chemical non-lethal spray weapon containing upto one-half ounce of product. It is illegal to sell to persons under the age of 18.

Georgia ~ Legal

No laws regulating the sale, purchase and legal use of non-lethal spray weapons.

Hawaii ~ Legal with Restrictions

There is no state law regarding the sale or possession of non-lethal spray weapons, but the City and County of Honolulu and the County of Hawaii have possession law except for those people who obtain a permit from that County's chief of police.

Idaho ~ Legal

Does not restrict or regulate the sale of non-lethal spray products but certain uses are prohibited.

Illinois ~ Legal

No laws regulating the sale, purchase and legal use of non-lethal sprays.

Indiana ~ Legal

No laws regarding the sale, purchase and legal use of non-lethal sprays.

Iowa ~ Legal

No laws regarding the sale, purchase and legal use of non-lethal sprays.

Kansas ~ Legal

No laws regarding the sale, purchase and legal use of non-lethal spray products.

Kentucky ~ Legal

No laws regarding the sale, purchase, and legal use of non-lethal sprays.

Louisiana ~ Legal

No laws regarding the sale, purchase, and legal use of non-lethal sprays.

Maine ~ Legal

No laws regulating the sale, purchase and legal use for defending persons and premises.

Maryland ~ Legal

No state laws against the sale of tear gas or OC products but it is prohibited to carry tear gas openly with the intent or purpose of injuring a person.

Massachusetts ~ Legal with Restrictions

Any person wishing to sell or carry a tear gas product over 1 oz must obtain a license and a full weapons permit from a chief of police or commissioner of public safety.

Michigan ~ Legal with Restrictions

Maximum allowable strength for OC or CS product is 2%. No CN products or sales to minors allowed.

Minnesota ~ Legal with Restrictions

A person may sell, possess and use CN, CS, and OC products only if they are propelled from an aerosol container that is labeled with clearly written instructions on use. They cannot be sold where intoxicating liquor is sold. Some counties may elect to impose licensing requirements.

Mississippi ~ Legal

No laws regarding the sale, purchase or use of sprays for self-protection.

Missouri ~ Legal

No laws in effect forbidding possession or sale of non-lethal spray products.

Montana ~ Legal

No laws regarding the sale, purchase, and legal use of non-lethal spray weapons.

Nebraska ~ Legal

No laws prohibiting or regulating tear gas type products.

Nevada ~ Legal with Restrictions

Permissible to possess aerosol spray irritants with active ingredient levels of 2% or less. Washoe County and City of Las Vegas require training and permits.

New Hampshire ~ Legal

No laws regarding the sale, purchase, and legal use of non-lethal spray weapons.

New Jersey ~ Legal with Restrictions

Permissible to sell, possess and legally use 3/4 oz. or less by anyone for personal protection.

New Mexico ~ Legal

No laws regarding the sale, purchase, and legal use of non-lethal spray weapons.

New York ~ Legal with Restrictions

Maximum allowable strength for OC or CS product is 7%. Authorized retail sales of a self-defense spray are Dealers in firearms and licensed Pharmacists. This does not apply to wholesale distribution between a manufacturer and a retail vendor.

North Carolina ~ Legal with Restrictions

Any individual who has not been convicted of a felony can purchase for use for protection a tear gas product not exceeding 50 cubic centimeters in volume.

North Dakota ~ Legal

Any spray or aerosol containing CN, CS or other irritating agent can be carried without a concealed weapons permit except in gaming and alcoholic beverage establishments.

Ohio ~ Legal

No laws regarding the sale or purchase of non-lethal spray weapons. The only law on use is that it is criminal mischief if used to interfere with the use or enjoyment of property of another.

Oklahoma ~ Legal

No laws regarding the sale, purchase, and legal use of non-lethal spray weapons.

Oregon ~ Legal

No laws regarding the sale, purchase and legal use of non-lethal spray weapons. However, Portland has a city ordinance which prohibits the possession and use of a tear gas dispensing device.

Pennsylvania ~ Legal

No specific laws or regulations concerning the sale, purchase or legal use of non-lethal sprays.

Rhode Island ~ Legal

No laws regarding the sale, purchase, and legal use of non-lethal spray weapons.

South Carolina ~ Legal with Restrictions

Lawful for a person for self-defense purposes only to possess, use, transport, sell or buy, but with a limitation of 50 cubic centimeter capacity.

South Dakota ~ Legal

No statutes or regulations concerning the sale, purchase, and legal use of chemical sprays.

Tennessee ~ Legal

No laws regarding the sale, purchase, and legal use of aerosols, gases, etc.

Texas ~ Legal

A small chemical dispenser sold for personal protection is exempt from their weapons laws.

Utah ~ Legal

No prohibition against the use of chemical aerosol sprays as long as the product does not cause death or serious bodily injury.

Vermont ~ Legal

Statutes do not regulate or prohibit the sale of any aerosol spray used as a defensive weapon.

Virginia ~ Legal

No laws regarding the sale, purchase and legal use of non-lethal spray weapons.

Washington ~ Legal

No laws regarding the sale, purchase and legal use of non-lethal spray weapons.

West Virginia ~ Legal

No laws regarding the sale, purchase and legal use of non-lethal spray weapons.

Wisconsin ~ Illegal

Sale, possession and use of chemical aerosol spray by other than law enforcement officers and members of the military in the line of duty is a felony.

Wyoming ~ Legal

No laws regarding the sale, purchase and legal use of non-lethal spray weapons.

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