Pepper Spray and the Law

While pepper spray is not classified as a conventional firearm, there are laws and local regulations governing it possession and use. Start by learning the law in your local area starting with the local law enforcement agency. A call to the city police department is a good place to start. Most municipalities of any size have community safety officers ready, willing, and able to teach local individuals and groups about the law and use of a wide range of non-lethal weapons. Here are issues for consideration in some states.

• Massachusetts, for example, requires that defensive sprays may only be purchased from licensed firearms dealers in that state. Also, citizens must be in possession of a valid Firearms Identification Card.

• In some states the legality of pepper spray depends on the concentration of its active ingredient. Reducing the percentage appears to decrease the length of time its effects are in evidence but does not appear to reduce their intensity.

• In more than one state the ingredients are limited to one or two types and may or may not be used in combination.

• In most states the minimum age requirement for possession of pepper spray, in any of its variations, is 18.

• In the state of Wisconsin tear gas is not legal. However, in specific concentrations (maximum of 10%), ½ to 2 ounce containers of pepper spray are legal.

• Some states do not allow the pepper spray containers to be camouflaged and require some sort of safety feature designed to guard against accidental discharge.

• Many states require that the units have an effective range of at least six feet but no more than 20 feet.

• There is an astonishing variation of packaging requirements which vary by state: units must be sold in tamper-proof packaging, labels must bear the name and phone number of the manufacturer and state that sale is prohibited to anyone under the age of 18.

• In New York the conditions of purchase are stringent. The product must be purchased in person, not through any mail-order or internet vendor. Actual purchase can only be made from a pharmacy or a licensed firearms retailer. Furthermore, the seller must keep a record of sales. Also, it is a class-E felony to use pepper spray in an attempt to prevent any public official from carrying out his or her official duties.

Remember that state and local laws change. Even though in many states pepper spray can be purchased a number of places and carried by anyone at least 18, keep up to date on local changes in case you find yourself in the position of needing to defend yourself against an attacker and then in court.

In a perfect world, no one would need to equip themselves with self-defensive weapons. However, since local law enforcement now functions more to investigate after the fact than to prevent or interrupt crime, private citizens must take precautionary measures and back them up with defensive weapon in case that security is breached.