When Is It Illegal To Carry Pepper Spray?

You may be wondering if you can legally carry pepper spray. Pepper spray is legal in the United States. Some states and municipalities may have specific regulations regarding the purchase, possession and use of pepper spray. It is a good idea to check local laws for particular regulations within your state.

Legality of Pepper Spray

Some state specific regulations regarding use and ownership of pepper spray, include:

• New York requires that sellers be locally licensed firearm dealers or pharmacies.
• Massachusetts requires that the buyer obtain a firearm identification card and that sellers be locally licensed firearm dealers.
• Michigan has restrictions on the strength of pepper spray and the size of the container cannot be more than 35 grams.
• Wisconsin allows pepper spray, but does not allow tear gas and also has limitations regarding strength and size of the substance.
• California requires that the canisters containing pepper spray be no more than 2.5 ounces. 

You cannot carry pepper spray on an airplane or in your luggage that you bring on the plane with you. You are allowed to carry one canister in your checked luggage as long as it does not exceed 4 ounces. This may be in conflict with state laws such as California, so make sure you only carry the amount you are legally allowed to carry given your destination. 

Use of pepper spray for intentional harm can bring about criminal charges. As long as you have only used it in self defense, you should be fine, but intent to use it for malicious use or harm of another can be a crime. Also, using it as a joke can bring about criminal charges. It can harm people, and if you intentionally harm someone, you can be charged with assault or worse. Only use pepper spray in situations of self defense or the defense of others and you have no concerns. 

Getting Legal Advice

If you have been charged with a crime or have questions about other aspects of criminal law, a criminal defense attorney can answer your questions about local and federal criminal law and procedure. You can speak with an attorney in a confidential setting and trust that your conversation will be kept private. The criminal justice system is complicated; having an attorney to defend you in the face of charges will make it easier to deal with all of the procedural and legal requirements a defendant faces.