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 Look for your state below to see information regarding pepper spray, MACE and tear gas restrictions and regulations.
Posted with
permission - © 2007 Mace Security International, Inc. ALL RIGHTS
RESERVED. No part shall be downloaded or stored in a retrieval system
other than as required for browsing. It may not be reproduced, printed
or copied without written permission from Mace Security International,
Inc. This Memorandum updates all prior memoranda on this issue. It is
for internal use only.
This information should not be relied on
by any other person or entity. A more detailed review should be done by
consulting with an attorney licensed in each respective jurisdiction.
(Changes from last memo appear in Italics)
ALABAMA. Section
13A-7-27 involves the criminal use of a noxious substance. There does
not appear to be any specific statute involving self-defense sprays.
13A-7-28 involves the possession of noxious substances with the intent
to use in the commission of a crime. There is therefore nothing that
appears to regulate or prohibit the sale or otherwise lawful use of
self-defense sprays of any kind.
ALASKA.
Section 11.81.900 (a)(20) defines “defensive weapon” as “…a device to
dispense mace or a similar chemical agent, that is not designed to
cause death or serious physical injury”. Section 11.61.210 (a)(6)
prohibits the sale of a defensive weapon to a person under 18 years of
age. Under section 11.61.210(a)(7), such a defensive weapon cannot be
possessed in any school without the permission of certain school
authorities, unless the person is 21 tears old age or older. Other than
the above limitations, there is nothing that appears to regulate or
prohibit the sale or otherwise lawful use of self-defense sprays.
ARIZONA.
Section 13-3101.7 excludes from the definition of “prohibited weapon”
“…any propellant (or) propellant actuated devices…. that are
manufactured, imported or distributed for their intended purposes…”.
There is nothing that appears to regulate or prohibit the sale or
otherwise lawful use of self-defense sprays of any kind.
ARKANSAS.
Section 5-73-124(a)(1) makes the possession of tear gas or pepper spray
Illegal. However, under 5-73-124(a)(2) it is legal to possess “…a small
container of tear gas or pepper spray to be used for self-defense
purposes only, but the capacity of the cartridge or container shall not
exceed one hundred fifty cubic centimeters (150 cc).” Although it
hardly seems necessary, there is also a specific prohibition against
using and spray against a law enforcement officer. 5-73-124(c)(2).
There is nothing therefore that appears to prohibit the sale or
otherwise lawful use of self-defense sprays as the size limitation is
much larger than MACE brand defense sprays. The 150 cc limitation
translates into a 4.99-ounce limitation. Therefore the Mark III and
Mark IV Gel are permissible – the Mark IX is not.
CALIFORNIA.
Subject to certain restrictions, Section 12403.7 of the Penal Code
provides “…any person may purchase, possess. Or use tear gas and tear
gas weapons for the projection or release of tear gas if the tear gas
and tear gas weapons are used solely for self-defense purposes…”. The
definition of tear gas also includes pepper spray. The restrictions
include a prohibition against selling such a unit to a minor (1240.7c),
and a provision limiting the size to 2.5 ounces by weight (12403.7(e)).
Further there are certain labeling and packaging requirements. MACE
brand self-defense sprays may therefore be sold in California as MACE
products satisfy the restrictions and meet the requirements. 12403.8
allows a minor 16 years or older to purchase is accompanied by a parent
or guardian or has their written consent. The 2.5-ounce limitation
means the Mark III Gel is permissible – the Mark IV and Mark IX are not.
COLORADO. There appears to be no statute regulating or restricting the sale or
otherwise lawful use of self-defense sprays.
CONNECTICUT. There appears to be no statute regulating or restricting the sale or
otherwise lawful use of self-defense sprays.
DELAWARE.
Title 11, Section 222 (6) defines “disabling chemical spray” as
including self-defense sprays. However, the only prohibitions
concerning such sprays appear to be restricting their possession by
minors, and increasing the penalty for criminal use of the sprays
(11Section 612(6) and (7)), i.e., use of a spray while committing
another criminal offense. Section 1443 implicitly allows the lawful use
of self-defense sprays. There is no size restriction.
DISTRICT
OF COLUMBIA. 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.” Title 7 - Section 7-2502.12 and 13. 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.
Title 7 - Section 7-2502.14.
FLORIDA.
“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”. Chapter 790.001(3)(b). Although it
may seem redundant, there is an express prohibition against using
chemical sprays against a law enforcement officer. Chapter 790.054.
There appears to be no other regulation or restriction on the sale or
otherwise lawful use of self-defense sprays. The 2-ounce limitation
means the Mark III Gel is permissible – the Mark IV and Mark IX are not.
GEORGIA.
Title 16 Section 7-80(14)(B) expressly excludes from the definition of
“poison gas” (which it is generally unlawful to sell or possess) “tear
gas devices designed to be carried on or about the person which contain
no more than one half ounce of the chemical”. There appears to be no
statute applicable to the possession and use of OC products. Therefore
all aerosols can be sold or possessed in Georgia except tear gas
products over one half ounce. All pepper products, including Pepper Gel
products, are not prohibited.
HAWAII. Hawaii allows each island
to enact legislation regarding self defense sprays. The largest island
Oahu (site of Honolulu) allows the use of pepper sprays for personal
self defense – it must be pepper only with no tear gas – must have a
flip top safety top – and must have a non-flammable propellant. Retail
sellers must have a license. Revised Ordinances of Honolulu, Chapter
41, Article 37. Pepper spray is also legal in the rest of Hawaii on the
same terms.
IDAHO. 18-3324(4)(d) allows the use of any individual self-defense device, including
devices which contain pepper spray or chemical mace.
ILLINOIS.
The use of a product “…containing a non-lethal noxious liquid gas or
substance designed solely for personal defense carried by a person 18
years of age or older” is authorized by Chapter 720 ILCS 5/24-1. There
appears to be no other regulation or restriction on the sale or
otherwise lawful use of self-defense sprays.
INDIANA. There appears to be no regulation or restriction on the sale or otherwise lawful use of self-defense sprays.
IOWA. There appears to be no regulation or restriction on the sale or otherwise lawful use of self-defense sprays.
KANSAS. Chapter 21 – 4201(3) prohibits the possession of tear gas or a
noxious liquid with intent to use the same unlawfully. Therefore, there
appears to be no regulation or restriction on the sale or otherwise
lawful use of self-defense sprays.
KENTUCKY. There appears to be no regulation or restriction on the sale or otherwise lawful use of self-defense sprays.
LOUISIANA.
Revised Statutes 14-2 prohibits use of a dangerous weapon that produces
death or great bodily harm. Therefore, there appears to be no
regulation or restriction on the sale or otherwise lawful use of
self-defense sprays.
MAINE. The criminal use of chemical mace or
a similar substance is a violation of law. 17-A M.R.S. Section 1002.
However, the use of such a substance in defending one’s person or
property is authorized. Id.
MARYLAND. Maryland Criminal Code
4-101prohibits the use of a defense spray with the intent or purpose of
injuring a person in an unlawful manner. Section 36 of the Criminal
Code allows any person to carry “pepper mace” as “a reasonable
precaution against apprehended danger”. There does not appear,
therefore, to be any restriction on the sale or otherwise lawful use of
self-defense sprays
MASSACHUSETTS. Massachusetts defines
ammunition as including “tear gas cartridges, chemical mace, or any
device or instrument which contains or emits a liquid, gas, powder or
other substance designed to incapacitate”. To sell or possess
“ammunition”, a license is required. Therefore, the unlicensed sale, or
the unlicensed use of self-defense sprays is illegal in Massachusetts.
Massachusetts General Laws, Chapter 140, Section 121, et seq. The
licensing authority is the local chief of police or other persons
authorized by the locality.
MICHIGAN. Michigan law contains size restrictions (no more than 35 grams of CS or
no more than 2% OC), and no combinations of CS and OC. There is a prohibition on
sales to minors. Chapter 750.224d. Since our Gel products contain more than 2% OC,
we cannot sell gel products in Michigan.
MINNESOTA.
The use of a self-defense spray is permitted “…in the exercise of
reasonable force and 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 624.731.
MISSISSIPPI. There appears to be no regulation or restriction on the sale or otherwise lawful use of self-defense sprays.
MISSOURI.
It is permissible to use or possess a device that ejects a “repellant
or temporary incapacitating substance. Section 571.010 (8). There
appears, therefore, to be no regulation or restriction on the sale or
otherwise lawful use of self-defense sprays.
MONTANA. There appears to be no regulation or restriction on the sale or otherwise
lawful use of self-defense sprays.
NEBRASKA. There appears to be no regulation or restriction on the sale or otherwise lawful use of self-defense sprays.
NEVADA.
Nevada law prohibits possession of tear gas weapons, except for CS by
and adult (no minors or felons) with no more than 2 fluid ounces in the
form of an aerosol spray “which is designed and intended for use as an
instrument of self-defense”. A seller of lawful sprays must keep
records of the sale. Tear gas does not include OC pepper sprays since
there is an exception for any active ingredient composed of natural
substances which cause no permanent injury. NRS 202.370 et seq. Thus
there is no restriction in Nevada for any pepper sprays, including Gel
products of all sizes, and CS sprays under 2 ounces are also permitted.
NEW
HAMPSHIRE. Section 159.20 allows the use of “aerosol self-defense spray
weapons….which are designed to immobilize or incapacitate a person
temporarily”. Thus there is no regulation or restriction on the sale or
otherwise lawful use of such sprays.
NEW MEXICO. There appears to be no regulation or restriction on the sale or
otherwise lawful use of self-defense sprays.
NEW
JERSEY. Any non-felon 18 or over may possess for the purpose of self
defense “one pocket-sized device which contains and releases not more
than three-quarters of an ounce of chemical substance not ordinarily
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.”
Section2C:39-6i. Because of the size limitation Gel products cannot be
sold in New Jersey.
NEW
YORK. The possession of ‘self-defense sprays” by persons who are not
felons
or who have been convicted of an assault, 18 or over for the protection
of person or property and its otherwise lawful use is legal.
“Self-defense spray” is defined as “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 or any like device
containing tear gas, pepper or similar disabling agent.” There are
certain labeling requirements. Sales require both a seller’s license
and the completion by a purchaser of a registration form. No more than
two sprays may be sold at any one time to a single purchaser. Section
265.25(a)(14) and (a)(15). However, regulations enacted by the State of
New York pursuant to stature require pepper only products and products
under 20 grams. Therefore, our Gel Products should not be sold in New
York State.
NORTH
CAROLINA. Possession and use of self-defense sprays is lawful for non
felons so long as the device do not exceed 150 cubic centimeters.
Section 14-401.7.
The 150 cc limitation translates into a 4.99-ounce limitation.
Therefore the Mark III and Mark IV Gel are permissible – the Mark IX is
not.
NORTH
DAKOTA. There appears to be no regulation or restriction on the sale or
otherwise lawful use of self-defense sprays. Section 62.01 prohibits
the use of a projector or bomb containing noxious substances but does
not in our view prohibit the use of an aerosol defense spray,
OHIO. There appears to be no regulation or restriction on the sale or otherwise
lawful use of self-defense sprays.
OKLAHOMA. There appears to be no regulation or restriction on the sale or
otherwise lawful use of self-defense sprays.
OREGON.
The unlawful or reckless use of stun guns, tear gas weapons, or mace is
prohibited. 163-211 et seq.. However, there appears to be no regulation
or restriction on the sale or otherwise lawful use of self-defense
sprays.
PENNSYLVANIA. “Chemical mace” is specifically excluded from the definition of
weapons. There appears to be no regulation or restriction on the sale or otherwise lawful use of self-defense sprays.
RHODE
ISLAND. “Any person eighteen (18) years of age or over may carry on his
or her person and use, unless otherwise prohibited by law, any
non-lethal noxious substance or liquid for his protection or the
protection of others”. Section 11-47-57.
SOUTH CAROLINA. It is
lawful to possess a container not exceeding fifty cubic centimeters
containing tear gas “for self-defense purposes only”. Section
16-23-470.
There appears to be no other provision that regulates or restricts the
sale or otherwise lawful use of self-defense sprays. Pepper sprays are
allowed explicitly by Section 23-31-215(O)(2).
SOUTH
DAKOTA. There appears to be no regulation or restriction on the sale or
otherwise lawful use of self-defense sprays. Self defense sprays fall
outside the definitions contained in 22-1-2
TENNESSEE. There appears to be no regulation or restriction on the sale or
otherwise lawful use of self-defense sprays.
TEXAS.
It is permissible to possess a “small chemical dispenser sold
commercially for personal protection”. 10 Texas Penal Code Section
46.01 (14). There appears to be no other regulation or restriction on
the sale or otherwise lawful use of self-defense sprays. We are of the
opinion that the Mark III and Mark IV gel products are small dispensers
– while it is likely the Mark IX would be considered large. Therefore,
only Mark III and IV units (and smaller) should be sold in Texas.
UTAH. There appears to be no regulation or restriction on the sale or otherwise lawful use of self-defense sprays.
VERMONT. There appears to be no regulation or restriction on the sale or otherwise lawful use of self-defense sprays.
VIRGINIA
. Virginia explicitly allows the use of tear gas “by any person or
persons in the protection of person, life or property”. Section
18.2-312. There appears to be no other regulation or restriction on the
sale or otherwise lawful use of self-defense sprays.
WASHINGTON
STATE. Section 9.91.160 explicitly authorizes the sale and use of
“personal protection spray devices” such as “mace, pepper mace, or
pepper gas”. There is an age restriction to persons 18 and older, or 14
with a parent or guardian’s permission.
WEST VIRGINIA. There appears to be no regulation or restrictions on the sale or otherwise lawful use of self-defense sprays.
WISCONSIN.
Tear gas is not permissible. A “device or container that contains a
combination of oleoresin of capsicum and inert ingredients” is
permissible. 941.26(4)(a). By regulation, OC products with a maximum OC
concentration of 10% and weight range of oleoresin of capsicum and
inert ingredients of 15-60 grams are authorized. Further, the product
cannot be camouflaged, and must have a safety feature designed to
prevent accidental discharge. The units may not have an effective range
of over 20 feet and must have an effective range of six feet. In
addition there are certain labeling and packaging requirements. The
units must also be sold in sealed tamper-proof packages. Wisconsin
Statutes Section 941.26(1)(b). Pepper Gel Mark III only is allowed.
WYOMING. There appears to be no regulation or restriction on the sale or otherwise lawful use of self-defense sprays.
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