Pepper Spray Laws by State 2023 - Wisevoter (2024)

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Introduction

Pepper spray (also known as mace spray) is a projectile-based weapon used for self-defense, policing, and crowd control. Though originally designed to defend against predators, like bears and wolves, pepper spray has become a favored tool for college students and city dwellers. Pepper spray causes inflammation in the eyes, leading to temporary blindness, as well as general discomfort and burning in the lungs. The active agent that causes these symptoms is called capsaicin, which is a component that can be also found in chili.

Pepper spray may come in different forms (spray, foam, gel, foggers), but is typically found in canisters that are small enough to be carried in a pocket or a purse. Some also come in concealed items like rings. Pepper spray has now been used for years against aggressive animals and during riots and demonstrations. Due to its convenient size and the fact that it is not lethal, pepper spray has recently become a common weapon for self-defense, especially among women.

StatePepper Spray LawsBrass Knuckles Legal Status
AlabamaLegalWith Permit
AlaskaLegalIllegal
ColoradoLegalIllegal
ConnecticutLegalWith Permit
FloridaLegalWith Permit
GeorgiaLegalLegal
IdahoLegalLegal
IndianaLegalLegal
IowaLegalLegal
KansasLegalIllegal
KentuckyLegalWith Permit
LouisianaLegalWith Permit
MaineLegalIllegal
MarylandLegalWith Permit
MinnesotaLegalIllegal
MississippiLegalWith Permit
MissouriLegalIllegal
MontanaLegalLegal
NebraskaLegalWith Permit
New HampshireLegalIllegal
New MexicoLegalWith Permit
North DakotaLegalWith Permit
OhioLegalWith Permit
OklahomaLegalIllegal
OregonLegalWith Permit
PennsylvaniaLegalIllegal
South DakotaLegalLegal
TennesseeLegalIllegal
TexasLegalLegal
UtahLegalLegal
VermontLegalIllegal
VirginiaLegalWith Permit
West VirginiaLegalWith Permit
WyomingLegalLegal
ArizonaLegal with RestrictionsLegal
ArkansasLegal with RestrictionsIllegal
CaliforniaLegal with RestrictionsIllegal
DelawareLegal with RestrictionsWith Permit
HawaiiLegal with RestrictionsLegal
IllinoisLegal with RestrictionsIllegal
MassachusettsLegal with RestrictionsIllegal
MichiganLegal with RestrictionsIllegal
NevadaLegal with RestrictionsIllegal
New JerseyLegal with RestrictionsIllegal
New YorkLegal with RestrictionsIllegal
North CarolinaLegal with RestrictionsWith Permit
Rhode IslandLegal with RestrictionsIllegal
South CarolinaLegal with RestrictionsLegal
WashingtonLegal with RestrictionsIllegal
WisconsinLegal with RestrictionsWith Permit

Pepper Spray as a Self-Defense Weapon

The right to self-defense – or the right to use defensive or reasonable force to protect oneself or others from imminent, unlawful physical harm – is granted by American law. Self-defense encompasses different methods, from martial arts and other combat sports to the use of weapons. Some weapons are specifically used for self-defense purposes such as knives, batons, stun guns, or personal defense weapons (PDWs) which are firearms intended for self-defense and security. Pepper spray falls under this category. Everyday objects, including baseball lights, flashlights, and kitchen utensils, can also be used as improvised weapons for self-defense.

Since the beginning of the 20th century and the start of the women’s rights movement and emancipation, women’s self-defense has become a common practice, and pepper spray has become a self-defense weapon that is widely used by women to protect themselves.

Is Pepper Spray Legal?

The legality of pepper spray or other self-defense weapons is a controversial debate. Proponents argue that people, and especially vulnerable people, that are subjected to violence and harassment should be able to protect and defend themselves. They also stress that in a society where carrying a gun for self-protection is allowed, pepper spray should also be legal.

Finally, they say that in most cases, assailants already have a weapon or some form of advantage over the victim. Self-defense tools like pepper spray will give the victim a chance to fight back, without harming the attacker permanently. On the other side of the debate, opponents argue that legalizing pepper spray will only fuel violence. Moreover, it will blur the lines between what is considered to be a self-defense weapon, and what is not. Pepper spray and other self-defense devices could therefore land in the hands of ill-intentioned people or be used in abusive ways.

Pepper Spray Laws by State

All 50 states and the District of Columbia have authorized the use of pepper spray for self-defense in some form or another. Around half of the states have enacted restrictions on the use and possession of pepper spray. Some states restrict the use of pepper spray to self-defense purposes only. Other states have limits on the quantity a can may hold. And in Massachusetts and New York, it is unlawful to purchase pepper spray on the internet.
The states where pepper spray is fully legal are:

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

The states that have restrictions on pepper spray are:

  1. Arizona
  2. Arkansas
  3. California
  4. Delaware
  5. Hawaii
  6. Illinois
  7. Massachusetts
  8. Michigan
  9. Nevada
  10. New Jersey
  11. New York
  12. North Carolina
  13. Rhode Island
  14. South Carolina
  15. Washington
  16. Wisconsin

Pepper Spray Laws by State

Alabama

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Alaska

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Illegal

Arizona

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Arkansas

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Illegal

California

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Illegal

Colorado

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Illegal

Connecticut

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With Permit

Delaware

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With Permit

Florida

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With Permit

Georgia

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Hawaii

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Illinois

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Illegal

Indiana

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Iowa

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Kansas

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Kentucky

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With Permit

Louisiana

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With Permit

Maine

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Illegal

Maryland

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Pepper Spray Laws

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With Permit

Massachusetts

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Pepper Spray Laws

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Illegal

Michigan

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Illegal

Minnesota

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Mississippi

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Missouri

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Montana

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Nebraska

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Nevada

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Legal with Restrictions

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Illegal

New Hampshire

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Illegal

New Jersey

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Pepper Spray Laws

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Legal with Restrictions

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Illegal

New Mexico

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New York

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Illegal

North Carolina

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North Dakota

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Ohio

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Oklahoma

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Oregon

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Pennsylvania

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Illegal

Rhode Island

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Pepper Spray Laws

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Legal with Restrictions

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Illegal

South Carolina

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South Dakota

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Tennessee

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Illegal

Texas

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Utah

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Vermont

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Virginia

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Washington

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Illegal

West Virginia

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Wisconsin

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Wyoming

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Pepper Spray Laws by State 2023 - Wisevoter (2024)

FAQs

What states do not allow pepper spray? ›

PEPPER SPRAY IS LEGAL IN ALL 50 STATES.

It is your responsibility to check with your local law enforcement department for specific laws related to the possession and use of pepper spray in your city or county BEFORE purchasing a pepper spray product.

Is it against the Code of laws to carry pepper spray in SC? ›

Is Pepper Spray Legal In SOUTH CAROLINA? Pepper spray in is Legal. Legal w/restrictions. It is lawful to possess a container not exceeding fifty cubic centimeters (50cc) containing tear gas "for self-defense purposes only." Section 16-23-470.

Is it legal to buy pepper spray on Amazon? ›

Unfortunately, pepper sprays in the state of California require age verification (18 years of age) to purchase as such only Amazon.com listings can be sold to this sate as age verification is not available for third party seller listings at this time.

Can you go to jail for pepper spraying someone in Texas? ›

is carrying pepper spray legal in Texas? yes, however, it should only be used for self defense purposes. if used improperly, you can be charged with criminal assault.

What is the difference between pepper spray and mace? ›

Tear gas (“mace”) is an irritant whereas oleoresin capsicum (“pepper spray”) is an inflammatory agent. Ergo, pepper will likely have a harder-hitting and potentially longer-lasting effect (assuming it has any effect at all).

Why can't I buy pepper spray in Florida? ›

Pepper spray in Florida

Tear gas guns and other chemical weapons are entirely illegal for civilian ownership. It is legal to buy, carry, or use pepper spray in Florida if the container holds no more than two ounces.

Do you have to declare pepper spray? ›

Checked Bags: Yes

One 4 fl. oz. (118 ml) container of mace or pepper spray is permitted in checked baggage provided it is equipped with a safety mechanism to prevent accidental discharge. Self-defense sprays containing more than 2 percent by mass of tear gas (CS or CN) are prohibited in checked baggage.

What is the penal code for pepper spraying someone? ›

PC 22810 makes it a crime in California to possess tear gas for any other reason than self-defense. However, if someone uses tear gas as a weapon for any reason other than self-defense, they can be charged with a crime under Penal Code 22810 PC.

Is pepper spray legal in NC? ›

Pepper spray in NC is legal with restrictions. Possession and use of self-defense sprays is lawful for non-felons so long as the device does not exceed 150 cubic centimeters (150cc). Section 14-401.6.

What is the best legal alternative to pepper spray? ›

Criminal Identifier Spray

Farbgel is the 100% legal alternative to Pepper spray.

Where is pepper spray in Walmart? ›

It is typically located in the sporting goods section , near other items such as camping gear and hunting equipment . However , some stores may also have it in the personal safety or home security aisle . If you 're looking to purchase pepper spray at Walmart , be sure to check out the sporting goods section first .

Can Amazon employees carry pepper spray? ›

An employee may carry, for the purpose of self-defense, a small container of pepper spray or mace which for the purpose of this policy is defined as having a capacity of 150cc or less.

How many states is pepper spray legal? ›

All 50 states and the District of Columbia have authorized the use of pepper spray for self-defense in some form or another. Around half of the states have enacted restrictions on the use and possession of pepper spray.

What happens if you use bear spray on a person? ›

A person contaminated with bear spray will experience the mucous membranes of the eyes, nose and lungs to swell and be irritated. The eyes will involuntarily close and tear, the nose will run profusely coughing will result.

Is it illegal to travel with pepper spray? ›

Checked Bags: Yes

One 4 fl. oz. (118 ml) container of mace or pepper spray is permitted in checked baggage provided it is equipped with a safety mechanism to prevent accidental discharge. Self-defense sprays containing more than 2 percent by mass of tear gas (CS or CN) are prohibited in checked baggage.

Can a 14 year old carry pepper spray in Florida? ›

Yes, pepper spray is legal in FL. "Self-defense chemical sprays" are legal. They are 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". Section 790.001.

Why can't I buy pepper spray in Massachusetts? ›

The Basics: Pepper spray IS LEGAL to use, carry or purchase within the state. Human formula pepper spray, although allowed, cannot be legally shipped to a MA state address (many surrounding states do allow shipment though). Animal sprays can be legally shipped, used and carried.

Is it legal to carry mace in NC? ›

Pepper spray in NC is legal with restrictions. Possession and use of self-defense sprays is lawful for non-felons so long as the device does not exceed 150 cubic centimeters (150cc). Section 14-401.6.

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