Pepper Spray Laws and Restrictions

Pepper Spray Laws and Restrictions
Below are pepper spray laws and restrictions that we are aware of. You should check locally if you believe pepper sprays may be restricted in your area.

States Where Pepper Sprays are Restricted
(We cannot ship to these states. If an order is placed your order will be cancelled)

New York residents may only purchase defense sprays from licensed Firearms Dealers or licensed Pharmacists in that state.

 It is illegal for pepper spray to be mailed to Massachusetts, but it may be lawfully carried by private citizens. Before it is legal for any resident of the state to purchase the spray, a dealer must obtain a proof of age 18 or over with a valid form of identification. However Individuals between the ages of 15 and 18 must still have a valid firearms identification (FID) card to purchase self-defense spray. These are very easy to get: you simply request one at any local police station, fill out the required form and provide two separate types of identification. Every FID has a processing fee of $2, and takes about a week to receive.

States Where Pepper Sprays Have Some Restrictions

Pepper sprays are legal with restrictions:

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, and a provision limiting the size to 2.5 ounces by weight. The misuse of tear gas in California comes with state penalties of up to a $1000 fine and/or up to three years in prison, not to mention a possible felony conviction on record. Some examples of misuse include; using tear gas on people in anger, spraying it as a joke, possession of tear gas by prohibited persons; minors, drug addicts or persons convicted of felonies. To be legally purchased, possessed or used in California, any canister must have a label that says “WARNING: The use of this substance or device for any purpose other than self-defense is a crime under the law. The contents are dangerous–use with care.” The maximum legal net weight for a canister is 2.5 ounces, or 70 grams of OC, CS or CN. CR is not legal for civilian use.

Pepper spray must not be more than 10% and can be used for self defense. “The reasonable use of a self-defense spray or foam device containing not more than 10% oleoresin capsicum by a person in the protection of a person or property under circumstances that would justify the person’s use of physical force. The Canister size is restricted to 35 grams approx. 1.2oz.
Tear gas is not permissible. 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. This is 1/2 oz. and 2 oz. spray. 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: must state cannot sell to anyone under 18 and the phone number of the manufacturer has to be on the label. The units must also be sold in sealed tamper-proof packages.

IMPORTANT: Pepper Spray is legal in all 50 states, however a number of cities and states have restrictions on sizes, strengths, etc.. If you have a question, it is wise to check with you local city or state attorneys office. Defense sprays should only be purchased by those 18 years of age or older. The above list may not be totally accurate or complete and Payless Self Defense accepts no responsibility for its accuracy or completeness.