This article is a guide to the legal restrictions on pepper spray in different states across the US. * Alaska With restrictions: Cannot be carried in a school unless over 21 years old. Massachusetts:A license is required to sell or carry pepper sprays and gels. Self-defense is considered justified if four elements are present: Yes, according to the US federal government, you do have to be 18 years of age to use pepper spray in all States including Illinois. They could spray it recklessly and possibly end up hurting others and themselves if theyre not careful. However, some cities and/or states have chosen to establish certain restrictions surrounding the possession and/or sale of these products. Pepper spray is an excellent self-defense tool and one of the only ranged, less lethal tools available for civilians. As you travel via an airplane there are TSA regulations you must follow. An individual who is prohibited from possessing a pistol in Minnesota cannot possess pepper spray. 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. Pepper spraying someone as a prank, in response to verbal harassment, to win an argument or for any other silly or petty reason is definitely going to land you in jail. Though prices will range, you can easily purchase pepper spray for under $10, making it an affordable self-defense option for anyone. It is legal to possess pepper spray in many states but every state has its own laws and regulations. PEPPER SPRAY IS LEGAL IN ALL 50 STATES. It is legal to buy, carry, use, and ship pepper spray to Delaware. Not exactly: Though pepper spray is used as a catch-all term much of the time to describe self-defense sprays, the actual chemical composition of these sprays can vary greatly, and have varying levels of effects to say nothing of legality from state to state. No person shall sell or furnish any tear gas or tear gas weapon to a minor. It is legal to buy, carry, use, or ship to Ohio. Pepper spray is legal in every state, but each has its own pepper spray laws. New York: The restrictions are identical to those in Massachusetts. And that is the pepper spray laws by state. It is illegal to ship human formula pepper spray to Massachusetts; however, it is legal to ship animal formula pepper spray. Suppose an individual has been convicted of a felony, a misdemeanor punishable by two years imprisonment, a violent crime, or committed to a hospital or mental illness institution. Rhode Island It is not legal to ship human formula pepper spray to an address in New York, though animal spray can be legally shipped to the state; You must be at least 18 years old to possess pepper spray; The pepper spray container must be pocket-sized; You can purchase a maximum of two devices during a single transaction; Those who have been convicted of a felony or assault are prohibited from possessing pepper spray. The Act maintains the statutory requirement for pepper spray to be properly labeled and to be sold with written safety instructions. So long as the type and size of spray that you are carrying is legal in the jurisdiction where you are, you rarely, if ever, have to spare a thought toward the legality of concealing it. Vermont has no laws that prohibit individuals from carrying or using pepper spray. Piexon JPX Pepper Spray Gun Reload Cartridges. Arkansas 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, carry, use, or ship to West Virginia. It is legal to buy, carry, use, and ship pepper spray to Colorado. It is legal to buy, carry, use, or ship to North Dakota. It is legal to buy, carry, use, and ship pepper spray to Pennsylvania. Utah has no laws that prohibit individuals from carrying or using pepper spray. Additional Restrictions: Illegal to ship pepper sprays and gels to New York, Size Restriction: Size cannot exceed 5.07 fluid ounces. Yes, it is absolutely legal to carry pepper spray in Illinois, openly or concealed, without any need for special permission or a concealed weapons permit. In addition, there are some pepper sprays that contain either illegal substances that are not allowed under state or federal law. Mississippi Gas gun, any gas ejection device, weapon, cartridge, container or contrivance other than a gas bomb, that is designed or adapted for the purpose of ejecting any poison gas that will cause death or serious physical injury, but not any device that ejects a repellent or temporary incapacitating substance.. South Carolina has no laws that prohibit individuals from carrying or using pepper spray. Ohio It is implied that only people who are 18 or older can purchase and carry pepper spray throughout the country. Copyright 1993-2022 COMIGHT Technology | All Rights Reserved. Pepper spray is a widely used form of self-defense that uses the active ingredient oleoresin capsicum. In addition, the pepper spray may not contain more than 18% oleoresin capsicum or OC, which is one of the most common substances in pepper spray. Utah Generally, pepper spray laws are not too complicated from state to state, but it pays to stay on top of them to avoid any confusion and possible charges or fines. It is legal to buy, use, possess, and ship pepper spray to Minnesota. Restrictions on possession, sale, and use of pepper sprays. . 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.. Usually. Virginia has no laws that prohibit individuals from carrying or using pepper spray. Therefore you should check with your local law enforcement office to verify current statutes. It is legal to buy, use, possess, or ship pepper spray to North Carolina, though there are restrictions. If you need to carry pepper spray while traveling by plane, check with your airline ahead of time to make sure you can keep it or not. Do you have to be 18 to use pepper spray? SAME DAY SHIPPING! Virginia has no laws that prohibit individuals from carrying or using pepper spray. Thankfully, pepper spray is seen as one of the most friendly or permissible self-defense weapons and is legal in all 50 states throughout the US. Is it illegal to carry pepper spray in Florida? Also, there are specific regulations that prevent certain people from accessing this self-defense tool. 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. Copyright 2005- Once the substance comes into contact with the assailants clothes or skin, it causes the mucus membranes to swell. Products are not permitted for sale to felons or minors. Minors cannot purchase pepper spray. Montana has no laws that prohibit individuals from carrying or using pepper spray. Louisiana has no laws that prohibit individuals from carrying or using pepper spray. Legality of Pepper Spray. Texas Use must be in self-defense, as in most other states. If you have a question about pepper spray laws in your jurisdiction, it is wise to check with your local city or state attorneys office. Arizona has no laws that prohibit individuals from carrying or using pepper spray. Creekmore 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. You have been warned! Size Restriction: Size cannot exceed 0.75 fluid ounces, Sales Restriction: Pepper sprays and gels must be purchased in person at a pharmacy or firearm retailer. Now, as you might expect state laws do vary, and a certain formula or size of canister that is legal in one state might not be legal in another. Maine- it is legal to buy, use, possess, or ship pepper spray to Maine, though the criminal use of disabling chemicals is a violation of the law. 20012023 by M.D. Age Restriction: Must be 18+ As you can see, most states have no restrictions on carrying pepper spray as long as the legal requirements of being 18 and a non-felon are met. 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. It is legal to buy, carry, use, or ship to Montana. It is legal to buy, carry, use, or ship to Alabama. Its effects last for about 30 minutes or so. Refuse To Be a Victim! It is considered a weapon, and depending on their past charges, it can determine the types of consequences that come with carrying pepper spray. The following list is of states that currently have no restrictions on the possession of pepper spray. Kentucky has no laws that prohibit individuals from carrying or using pepper spray. Plus, the container for the pepper spray may not be more than .5 ounces. Alabama has no laws that prohibit individuals from carrying or using pepper spray. It is hideously painful, sure, but the pain will subside over time. Also, a minor is prohibited from carrying pepper spray, concealed or not, between one hour after sunset and one house before sunrise. It is legal to buy, use, possess, or ship pepper spray to Nevada, though there are restrictions. It is legal to buy, carry, use, or ship to Nebraska. Massachussetts. 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. Are these all just synonyms? North Carolina Learn more about the restrictions in Washington D.C. Pepper spray strength cannot exceed 0.7% major capsaicinoids Pepper sprays and gels can only be sold by licensed firearms dealers and licensed pharmacists Delaware:Pepper sprays and gels cannot be sold to minors. Florida:Pepper spray and gel canisters cannot exceed 2 fluid oz. The device must be pocket-sized and cannot release more than 3/4 of an ounce of pepper spray. Pepper spray offers a non-lethal way for people to get away from possible attackers. South Dakota has no laws that prohibit individuals from carrying or using pepper spray. If you meet the qualifications, then you can carry this self-defense product. Any person in possession of any device in violation of this subsection shall be deemed and adjudged to be a disorderly person, and upon conviction thereof, shall be punished by a fine of not less than $100.00.. Pepper spray is classified as a weapon by the U.S. Department of Justice. Sign up to get the latest safety tips, trends, and news delivered straight to your inbox! Washington D.C. is also included within this list. To further explain the concept, self-defense is only justifiable in the eyes of the law when a person reasonably believes that the force is necessary to prevent the imminent use of unlawful force against them, and the defensive force is proportional to the threat they face. To the best of SABREs knowledge, listed are the most current legal restrictions for cities and/or states. As of right now, all 50 states and Washington D.C. enforce these laws with no excuses. Most states have serious penalties for people who criminally misuse pepper spray! Alaska:Pepper sprays and gels cannot be sold to minors. Maryland: Pepper sprays and gels cannot be sold to minors. In Washington, pepper spray can be carried by those who are 14 years old if they have parental permission. However, if they are designed to be used against animals, then that is legal to ship. Connecticut Pepper spray is considered a dangerous weapon in Maryland, but individuals have the right to use it in self-defense. You can also only purchase pepper spray from a permitted pharmacist or a licensed . It's legal to own & carry a pepper spray. Tennessee has no laws that prohibit individuals from carrying or using pepper spray. Most countries, including the U.S., consider pepper spray to be a weapon. It is legal to buy, carry, use, and ship pepper spray to West Virginia. The exact rules will depend on where you live and what you plan to do with the canister of pepper spray. In that case, they cannot buy or possess pepper spray. 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. It is illegal to ship pepper sprays and gels to New York. Pepper spray can be used in situations where someone feels threatened by another person and wants to escape safely. Individuals must be at least 18 years old to buy or possess pepper spray; however, those who are at least 14 can purchase or possess with parental permission. It is legal to buy, carry, use, and ship pepper spray to North Carolina. Pepper spray is classified as a weapon by the U.S. Department of Justice. (2) No town, city, county, special . A person is justified in using nondeadly force upon another when and to the extent, the person reasonably believes it is necessary for self-defense against what the person reasonably believes to be the use of unlawful force by the other person.. This list is not intended to take the place of legal . Wisconsin The force used was reasonable in relation to the threat presented. Pennsylvania has no laws that prohibit individuals from carrying or using pepper spray. Kansas has no laws that prohibit individuals from carrying or using pepper spray. You must be at least 18 years old to possess pepper spray. Common devices include (but are certainly not limited to) hip holsters or key chains that give you the ability to access and use pepper spray almost instantly. No, you dont need to get a license or permit to carry it. Pepper spray causes temporary blindness, pain, breathing problems and panic: when it's used excessively, it can kill. New Jersey:Pepper sprays and gels cannot be sold to minors. It is legal to buy, carry, use, and ship pepper spray to Utah. SABRE products are sold in many retailers, ranging from big-box and convenience stores to neighborhood drug stores and mom-and-pop shops. The quick answer is that pepper spray is legal in all 50 states although there are a few conditions and restrictions in some areas. This site contains affiliate links to products. It is legal to buy, carry, use, and ship pepper spray to New Hampshire. 2023 SABRE - Security Equipment Corp. We use cookies to track activity, click here to see our privacy policy. It is legal to buy, carry, use, or ship to Virginia. That is because possession or use of pepper spray may be limited or restricted in some jurisdictions. Many people have the misconception that using pepper spray is illegal. South Carolina Rhode Island:Pepper sprays and gels cannot be sold to minors. You can, of course, use pepper spray against someone who is threatening you with any sort of deadly weapon, but in such cases you are certainly justified and responding with a deadly weapon of your own, though you shouldnt hesitate to use pepper spray if it is all you have. A large number of states make no mention of pepper spray or similar chemicals and therefore have no restriction on their legal use. 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