Pepper Spray State Laws
Pepper Spray Laws by state.
We get questions everyday as to which states are legal and which states have restrictive laws regarding sale, possession, and use of pepper based deterrent sprays.
The following summary of our research reflects what the various laws are on the sale and use of non-lethal spray weapons. In no way should this be regarded as the final word on the legal status of said laws. This report is not intended to take place of legal counsel nor should it be looked at as being any form of legal advice. Please check with your local authorities to obtain the latest information.
Remember that Federal law prohibits the carrying of any type of chemical weapon on commercial aircraft, in federal buildings, prisons, and courts.
Alabama – Pepper Spray Laws (Alabama Code § 13A‑6‑27)
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Legal Status: Pepper spray is legal for self-defense use by individuals aged 18 and older under Alabama law.
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Restrictions:
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Use is strictly limited to lawful self-defense.
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Criminal misuse—including deploying defense spray during the commission of a crime or against law enforcement officers while on duty—is classified as a Class C felony, punishable under Alabama Code § 13A‑6‑27 (a)‑(b)
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No State-Level Limits on Size or Strength: Unlike some states, Alabama does not set statutory limits on container size or OC concentration.
Arizona – Pepper Spray Laws (ARS § 13-3101.7)
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Legal Status: Pepper spray is legal for self-defense in Arizona for individuals age 18 or older who have not been convicted of a felony.
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Restrictions:
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Use is strictly limited to lawful self-defense.
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Misuse—such as deploying pepper spray in the commission of a crime or against law enforcement—is prohibited by state law.
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No State-Level Limits on Size or Strength: Arizona statutes do not impose container size limits or OC concentration restrictions. Pepper spray is generally treated like a permissible “propellant-actuated device” and is not classified as a prohibited weapon under ARS § 13-3101.7
Arkansas – Pepper Spray Laws (Arkansas Code § 5‑73‑124)
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Legal Status: Pepper spray is legal for self-defense use by individuals aged 18 and older under Arkansas law.
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Restrictions:
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Possession and use are strictly limited to lawful self-defense purposes only.
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Carrying tear gas or pepper spray outside of self-defense may be considered possession of a weapon and is a Class A misdemeanor under § 5‑73‑124(a)(1) (JusArkansas Code § 5‑73‑124).
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Size Limit: The container cannot exceed 300 milliliters (approximately 10.1 oz) per § 5‑73‑124(a)(2)(B).
California – Pepper Spray Laws (California Penal Code § 22810)
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Legal Status: Pepper spray (classified under tear gas laws) is legal for self-defense for individuals aged 18 or older, who are not convicted felons or narcotics addicts, per Pen. Code § 22810(a)–(b).
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Restrictions:
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Must be used solely for self-defense. Misuse—such as offensive deployment or use against a peace officer—is a wobbler offense, punishable by up to 3 years in prison, a fine up to $1,000, or both (§ 22810(g)(1)–(2))
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Minors under 18 are prohibited from purchasing, possessing, or using pepper spray (§ 22810(c)(d))
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Size and Packaging Requirements:
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Container may not exceed 2.5 ounces net weight aerosol (§ 22810(e)(1)).
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Must be aerosol-only (no projectiles) and include standardized labeling: legal warnings, expiration date, usage instructions, and first-aid info (§ 22810(e)(1)–(f))
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Colorado – Pepper Spray Laws
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Legal Status: Pepper spray is legal in Colorado for civilians 18 years and older who are not prohibited from possessing weapons. There is no requirement for a license or permit to buy, carry, or use for self-defense
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Restrictions:
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Self-defense use only—using pepper spray offensively or unlawfully may constitute assault under state law (§ § 18-1-704 and related statutes)
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Persons under 18 or with certain felony convictions may be restricted under the Possession of Weapon by Previous Offender (POWPO) statute, depending on interpretation.
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No Specific Limits on Size or Strength: The state does not impose maximum container size or OC concentration restrictions; pepper spray is generally considered a self-defense tool rather than a weapon under applicable statutes
Connecticut – Pepper Spray Laws (CT Code § 53a-19)
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Legal Status: Pepper spray is legal for self-defense for individuals 18 years or older, with no state-level restrictions on container size or OC percentage
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Restrictions:
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Use must be justified self-defense—misuse (e.g. to threaten or intimidate) could result in criminal assault charges under general statutes (§ 53a-19) or weapon-related offenses (§ 53a-3)
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No statewide prohibition for minors beyond the age restriction; some local jurisdictions may impose additional rules.
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No Statutory Limits on Size or Concentration: Connecticut law does not specify maximum container size or concentration percentages; most guidance is case law or local ordnance–based
Washington, D.C. – Pepper Spray Laws (D.C. Code § 7‑2502.13)
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Legal Status: Possession and use of aerosol self‑defense sprays (including OC spray) is legal for individuals 18+ or 14+ with parent/guardian consent, under D.C. Code § 7‑2502.13(a).
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Restrictions:
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Must be used solely for reasonable self-defense.
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Must be aerosol-propelled, with labels specifying expiration date and usage instructions, per § 7‑2502.13(a)‑(b).
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Unauthorized spray types are prohibited under § 7‑2502.12–13(b).
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Delaware – Pepper Spray Laws (Delaware Code Title 11 § 222(7))
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Legal Status: Certain disabling chemical sprays, including mace and OC spray, are legal for defensive use as specified in Delaware Code Title 11 § 222(7)(8).
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Restrictions:
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Use permitted only in lawful self-defense.
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Misuse—such as use during a crime or to incapacitate law enforcement—is addressed under § 222(7)(7)‑(8), with felony-level penalties.
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No state-level limits on container size or strength are specified.
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Florida – Pepper Spray Laws (Florida Statutes § 790.001)
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Legal Status: Florida recognizes “self-defense chemical spray” (including OC spray) as non‑firearm defensive devices. Individuals 18+ may carry them openly or concealed without a permit per § 790.001(2)(b).
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Restrictions:
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Must be used only for self-defense.
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Misuse against law enforcement or during criminal activity is felony offense under § 790.054.
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Spray must be compact (≤ 2 oz), as defined in § 790.001(3)(b).
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Georgia – Pepper Spray Laws (Georgia Code § 16‑11‑127.1)
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Legal Status: Carry and use of pepper spray for self-defense is legal for individuals 18+, with no specialized licensing required—pepper spray is not considered a firearm or prohibited weapon.
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Restrictions:
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Use limited to lawful self-defense.
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Georgia Code § 16‑11‑127.1 prohibits carrying any weapon, including OC spray, in school safety zones or during school functions, with misdemeanor or felony penalties depending on intent and license holder status.
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No specific state statute on spray size or concentration.
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Hawaii – Pepper Spray Laws (Hawaii Revised Statutes § 703‑304 and Honolulu Code § 41‑37.3)
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Legal Status: Pepper spray is legal in Hawaii for use in lawful self-defense.
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Restrictions:
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Usage is strictly limited to self-defense, defense of another person, or protection of property per Honolulu Code § 41‑37.3(a).
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No general statewide quantity or concentration limits specified, but Honolulu County restricts containers to ≤ 2 oz and requires safety mechanisms like flip-top; it is illegal to sell to minors or in alcohol-serving venues (§ 41‑37.3(b)–(f)).
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Local Licensing: Sales in Honolulu require retail licensing under § 41‑37.4.
Idaho – Pepper Spray Laws (Idaho Statutes Title 18 § 18‑3302)
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Legal Status: Pepper spray is legal in Idaho as a self-defense device for individuals aged 18 and older, not prohibited firearms owners.
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Restrictions:
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No state-imposed limits on container size or OC concentration.
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Pepper spray is not classified as a “deadly weapon” under Idaho Code § 18‑3302(d)(iii) — alongside stun guns and batons — unless enhanced by other intent .
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Licensing: No license or permit required for possession or carry.
Illinois – Pepper Spray Laws (720 ILCS 5/24‑1(a)(3)(C))
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Legal Status: Pepper spray is legal for self-defense in Illinois for persons age 18 and older, not possessing a felony conviction.
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Restrictions:
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Must be used only for lawful self-defense.
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Pepper spray is expressly permitted as a “non-lethal noxious liquid gas” under § 5/24‑1(a)(3)(C), exempting it from unlawful weapons charges.
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Felons are prohibited from possessing pepper spray if deemed a weapon of intent under § 24‑1(a)(1).
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Chicago Exception: Chicago municipal code prohibits using pepper spray in an enclosed space with more than 20 people — considered a misdemeanor
Indiana – Pepper Spray Laws (Indiana Code Title 35, Chapter 47)
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Legal Status: Pepper spray is legal in Indiana for self-defense at any age; there is no statewide restriction on possession or use.
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Restrictions:
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Indiana law does not prohibit pepper spray unless it is used in a criminal act or assault.
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Pepper spray is not classified as a weapon under Title 35, Article 47, unless used aggressively or unlawfully.
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Felons & Minors: There is no explicit prohibition for felons or minors under state law causing inference that standard criminal statutes apply if misused.
Iowa – Pepper Spray Laws (Iowa Code § 702.7)
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Legal Status: Pepper spray is legal for personal defense in Iowa. Iowa Code § 702.7 specifically authorizes non-lethal sprays for self-defense.
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Restrictions:
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No statutes set maximum size or OC concentration.
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Use must fall under justified self-defense per Chapter 704, otherwise misuse may lead to assault charges.
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Purchase/possession requires no specific license or age restriction, unless restricted by local ordinance.
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Local Ordinances: Some cities may impose their own rules—consult city codes if unsure
Kansas – Pepper Spray Laws (Kansas Statutes § 21‑5422)
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Legal Status: Pepper spray is legal for self-defense purposes in Kansas.
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Restrictions:
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Use must be strictly for lawful self-defense.
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Under § 21‑5422, items such as personal self-defense sprays are not classified as weapons when used appropriately (findlaw.com).
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Size & Concentration Limits: None specified in state statutes.
Kentucky – Pepper Spray Laws (KRS § 527.010)
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Legal Status: Pepper spray is legal for self-defense in Kentucky.
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Restrictions:
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Must be used only in justified self-defense.
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Kentucky statutes (527.010) do not list pepper spray as a regulated weapon; misuse could constitute assault under general statutes (legislature.ky.gov).
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Size & Concentration Limits: No state-level restrictions.
Louisiana – Pepper Spray Laws (La. Rev. Stat. § 14:22)
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Legal Status: Pepper spray is legal for lawful self-defense in Louisiana.
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Restrictions:
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Only defensible when used for reasonable force in self-defense, per general force statute § 14:22.
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Misuse (e.g. offensive deployment) may result in criminal charges (legis.la.gov).
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Size & Concentration Limits: None specified in state code.
Maine – Pepper Spray Laws (17 M.R.S. § 1002)
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Legal Status: Pepper spray is legal for self-defense in Maine.
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Restrictions:
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Misuse (e.g. intentional use against another without justification) is a Class D crime (17 M.R.S. § 1002)(1).
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Defensive use—such as protecting oneself or property—is explicitly permitted.
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Size & Concentration Limits: None specified in statute
Massachusetts – Pepper Spray Laws (MGL c. 140 § 122C & § 122D)
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Legal Status: Pepper spray (classified as “self-defense spray”) is legal for individuals 18+ in Massachusetts.
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Restrictions:
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Must be purchased from a licensed firearms dealer (§ 122C).
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Persons under 18 may only possess it with a self-defense spray permit. Permit infractions or unauthorized possession may result in fines up to $300 or imprisonment (§ 122D(c)–(d)).
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Unauthorized sale by non-licensed sellers carries fines up to $1,000 or imprisonment up to 2 years (§ 122C(b)).
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Size & Concentration Limits: Not specified in state statute
Michigan – Pepper Spray Laws (MCL § 750.226e)
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Legal Status: Pepper spray is legal in Michigan for individuals aged 18 or older for the purpose of lawful self-defense.
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Restrictions:
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Must be used only in self-defense or defense of another person.
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Misuse—such as using it to commit assault or against law enforcement—is prohibited under general assault statutes.
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Use against minors under 16 or vulnerable groups may trigger child abuse or similar charges under MCL § 750.226b.
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Size & Concentration Limits: No statutory limits on container size or OC concentration are specified.
Minnesota – Pepper Spray Laws (Minn. Stat. § 299C.50)
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Legal Status: Pepper spray is legal in Minnesota for self-defense by individuals 18 and older.
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Restrictions:
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Use must be in justified self-defense; improper use may violate assault laws.
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The spray cannot be used at schools unless permitted during emergencies under school policy § 626.556.
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Carried only without intent to assault or threaten.
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Size & Concentration Limits: Minnesota law does not set size or strength limits by statute.
Mississippi – Pepper Spray Laws (Miss. Code § 97‑37‑1)
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Legal Status: Pepper spray is legal in Mississippi for individuals of any age for personal self-defense.
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Restrictions:
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Must be used only in lawful self-defense. Misuse may lead to charges under standard assault statutes.
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There are no state-level restrictions on container size, concentration, or label—handled at discretion or local ordinance when applicable.
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Missouri – Pepper Spray Laws (Mo. Rev. Stat. § 563.031)
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Legal Status: Pepper spray is legal for self-defense by individuals 18+ in Missouri.
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Restrictions:
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Use permitted only for lawful defense; misuse may breach assault statutes.
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Not considered a firearm or prohibited weapon under § 565.100.
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Size & Concentration Limits: State law does not specify limits—standard commercial OC sprays are allowed.
Montana – Pepper Spray Laws (Mont. Code § 45‑8‑322)
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Legal Status: Pepper spray is legal for individuals of any age for self-defense in Montana.
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Restrictions:
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Use must align with justified self-defense; misuse may constitute assault.
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Selling or providing to minors may be restricted under broader child protection laws.
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Size & Concentration Limits: No state statute limiting container size or OC strength.
Nebraska – Pepper Spray Laws (Neb. Rev. Stat. § 28‑1409)
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Legal Status: Pepper spray is legal for self‑defense in Nebraska.
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Restrictions:
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Use is permitted only in lawful self‑defense per § 28‑1409. Misuse during criminal activity may be charged under assault statutes.
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Size & Concentration Limits:
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No statutory limits on container size or OC concentration are specified in state law.
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Nevada – Pepper Spray Laws (Nev. Rev. Stat. § 193.302 & § 202.370)
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Legal Status: Pepper spray (as a “chemical agent”) is legal for individuals 18+ to purchase, carry, and use for self-defense.
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Restrictions:
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Must be used only for lawful self-defense; misuse may result in assault or battery charges.
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Size & Concentration Limits:
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aerosol sprays must not exceed 2 fluid ounces (≈59 mL) as defined under NRS § 202.370.
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New Hampshire – Pepper Spray Laws (N.H. Rev. Stat. § 159:20 & § 159:23)
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Legal Status: Aerosol self-defense sprays (including OC) are legal for self-defense in New Hampshire, with no permit required.
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Restrictions:
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Use must be solely for lawful self-defense. Misuse—especially targeting law enforcement or in furtherance of a crime—can be prosecuted as a misdemeanor or felony under § 159:23.
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Size & Concentration Limits:
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There are no statutory limits on container volume or OC concentration.
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New Jersey – Pepper Spray Laws (N.J. Stat. § 2C:39‑6i)
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Legal Status: Pepper spray is legal for self-defense in New Jersey for persons 18+ without disqualifying convictions.
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Restrictions:
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Use strictly for lawful self-defense.
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Only one container allowed, maximum ¾ oz (≈21 mL). Exceeding volume or use in crimes may constitute weapon charges.
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Size & Concentration Limits:
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Strict limit of 0.75 oz per person, as defined in statute.
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New Mexico – Pepper Spray Laws (N.M. Stat. § 30‑1‑12 & § 30‑7‑2)
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Legal Status: Pepper spray is legal for self-defense in New Mexico with no statewide licensing required.
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Restrictions:
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Use must be justifiable self-defense — misuse during criminal activity may lead to assault or weapons charges.
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There is no statutory limit on container size or OC strength.
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New York – Pepper Spray Laws (N.Y. Penal Law § 270.05 & § 265.20)
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Legal Status: Pepper spray, referred to as “noxious material”, is legal in New York when used for lawful self-defense and manufactured/marketed as OC spray with proper labeling.
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Restrictions:
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Unlawful possession or sale is prohibited under § 270.05.
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Legitimate use for self-defense is exempt under § 265.20, provided the individual is not a felon or otherwise disqualified.
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Additional restrictions apply in New York City and certain venues. Students under 18 may be granted exemptions by court order (bill S9922).
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North Carolina – Pepper Spray Laws (G.S. § 14‑401.6)
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Legal Status: Pepper spray ("tear gas" defined in statute) is legal for individuals aged 18+, not convicted of felonies, when used for self-defense.
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Restrictions:
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Must be used only in self-defense. Misuse can result in a Class 2 misdemeanor.
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Felons are prohibited from possession.
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Size & Concentration Limits:
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Spray containers may not exceed 150 cc (≈5 oz); cartridges max 50 cc.
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North Dakota – Pepper Spray Laws
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Legal Status: Pepper spray is legal for self-defense under state law. No specific statutes limit its use.
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Restrictions:
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Only lawful to use for defense purposes; misuse may result in standard assault charges.
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Size & Concentration Limits:
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No specific state-level limits on canister size or OC concentration. Commonly available personal-size sprays are permitted.
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Ohio – Pepper Spray Laws
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Legal Status: Pepper spray is legal in Ohio for personal self-defense. It is not considered a weapon under most Ohio statutes.
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Restrictions:
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Must be used only for lawful self-defense. Improper use may lead to criminal charges.
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Size & Concentration Limits:
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State law imposes no size or formula concentration limits. Standard market products are acceptable.
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Oklahoma – Pepper Spray Laws
(No explicit statute; permissible under general self‑defense provisions, with misuse restrictions)
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Legal Status: Pepper spray is legal for self-defense use in Oklahoma for adults. There is no state statute explicitly banning or limiting it.
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Restrictions:
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Use must be strictly for lawful self-defense.
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Reckless or offensive use against those such as peace officers may be prosecuted under general assault/discharge laws (e.g. 21 O.S. § 1272.3 prohibits use against officers)
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Size & Concentration Limits: None specified in state law—standard personal-use sprays are permitted.
Oregon – Pepper Spray Laws (ORS § 163.212–213)
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Legal Status: Pepper spray (classified as “tear gas,” “mace,” or similar deleterious agents) is legal for self-defense, with no requirement for licensing or age restriction unless misused
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Reckless discharge against another person is a Class A misdemeanor (ORS § 163.212).
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Discharging it knowingly against certain protected classes (e.g. law enforcement) while on duty is a Class C felony (ORS § 163.213).
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Size & Concentration Limits: No statutory limits on container volume or OC percentage.
Pennsylvania – Pepper Spray Laws (18 Pa. Cons. Stat. § 908.1)
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Legal Status: Pepper spray is legal for self-defense use by individuals 18 years or older, and is specifically excluded from the definition of a weapon under Pennsylvania law
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Restrictions:
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Must be used only in justifiable self-defense; otherwise misuse may be prosecuted under assault statutes (e.g., 18 Pa.C.S. § 2701).
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Size & Concentration Limits: No state statute limits container size or OC concentration.
Rhode Island – Pepper Spray Laws (R.I. Gen. Laws § 11‑47‑57)
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Legal Status: Individuals aged 18 or older may carry and use non-lethal substances, including OC spray, for self-protection in Rhode Island
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Restrictions:
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Use must be strictly for self-defense. Unauthorized or non-defensive use is punishable by fine up to $25 per § 11‑47‑57.
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Size & Concentration Limits:
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Rhode Island does not specify statutory maximums in § 11‑47‑57 for container size or OC percentage.
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South Carolina – Pepper Spray Laws (S.C. Code § 16‑23‑470)
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Legal Status: Pepper spray (tear gas or self-defense sprays) is legal for individuals aged 18+ for protective purposes.
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Restrictions:
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Container volume must not exceed 50 cc (~1.7 oz).
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Must be used solely for lawful self-defense. Misuse may result in criminal penalties. Size & Concentration Limits:
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Spray containers must not exceed 50 cc as defined in § 16‑23‑470.
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South Dakota – Pepper Spray Laws (S.D. Codified Laws § 13‑39A‑43 & Stand Your Ground § 22‑18‑4.8)
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Legal Status: Pepper spray (as "chemical irritants") is legal for self-defense and available without permit.
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Restrictions:
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Use must align with justified self-defense under harm avoidance statutes.
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Prohibited on school grounds
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Size & Concentration Limits:
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State law does not specify container size or strength limits. Commercial standard sprays are generally accepted.
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Tennessee – Pepper Spray Laws (Tenn. Code Ann. § 39‑17‑1309 and Laken Riley Act 2024)
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Legal Status: Pepper spray, mace, stun guns, and similar devices are legal for self-defense by adults. Public colleges cannot prohibit adult self-defense items including pepper spray (per 2024 Laken Riley Act)
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Restrictions:
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Must be used only in justified self-defense.
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Misuse or unlawful discharge (e.g. assault) remains punishable under general criminal statutes.
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Size & Concentration Limits:
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Tennessee does not impose a container size or concentration limit in statute
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Texas – Pepper Spray Laws (TX Penal Code § 46.05)
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Legal Status: Pepper spray is legal for individuals 18+ for self-defense. It is not considered a firearm and may be carried concealed or openly without a license.
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Restrictions:
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Must be used lawfully in defense situations only. Improper use can lead to charges under assault or weapons statutes.
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Carry is prohibited in restricted zones (courthouses, schools, airports, etc.) under TX PC laws (§ 46.03 and § 46.05).
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Size & Concentration Limits: No state statute specifically limits spray canister size or OC percentage.
Utah – Pepper Spray Laws (Utah Code § 76‑2‑402)
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Legal Status: Pepper spray is legal for self-defense in Utah; no state-level prohibitions against civilian possession.
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Restrictions:
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Use must align with justified self-defense, per general force statutes like Utah Code § 76‑2‑402. Misuse could result in assault charges. w
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Size & Concentration Limits:
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No statutory restrictions on OC strength or container size specified in codified law.
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Vermont – Pepper Spray Laws
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Legal Status: Pepper spray is generally legal for self-defense in Vermont; no statewide restriction or licensing requirement.
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Restrictions:
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Must be used only in lawful self-defense; misuse may result in criminal charges under assault statutes.
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Size & Concentration Limits:
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Not specified in statute.
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Virginia – Pepper Spray Laws (Va. Code § 18.2‑312)
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Legal Status: Use of tear gas or other noxious gases—including OC spray—is legal for self-defense. Permits are broadly allowed when used to protect life or property. Public colleges cannot prohibit adult self-defense items including pepper spray (per 2024 Laken Riley Act)
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Restrictions:
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Malicious or unlawful deployment is a Class 6 felony. If physical injury results, the offense increases to a Class 3 felony.
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Size & Concentration Limits:
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No statutory limits on container size or OC concentration are defined.
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Washington – Pepper Spray Laws (RCW § 9.91.160)
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Legal Status: Individuals aged 18+ may freely possess and use pepper spray as a personal protection spray device. Those aged 14–17 may only carry with parental consent.
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Restrictions:
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Municipalities may not prohibit lawful possession by adults—even on college or recreation facility grounds.
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Size & Concentration Limits:
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No statewide limits on size or formulation strength; standard commercially available sizes are permitted.
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West Virginia – Pepper Spray Laws (W. Va. Code § 61‑7‑2)
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Legal Status: Pepper spray is defined as a temporarily disabling aerosol intended for lawful self-defense.
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Restrictions:
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Municipalities may restrict possession in public or recreation facilities if not lawfully concealed. On Capitol Complex grounds, canisters exceeding 1 ounce are expressly prohibited.
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Size & Concentration Limits:
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Caps at 1 oz only on certain state property (Capitol Complex). General regulations on size or concentration are not specified.
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Wisconsin – Pepper Spray Laws (Wisconsin Act 77)
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Legal Status: Pepper spray (OC) is legal for self-defense; regulated under 2013 Wisconsin Act 77, which governs OC product standards and consumer safety.
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Restrictions:
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Must be purchased by adults (18+) and cannot be camouflaged or mispackaged; labels must include manufacturer contact information. Misuse may trigger assault or misuse charges.
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Size & Concentration Limits:
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OC concentration capped at 10%, total oleoresin plus inert ingredients limited to, typically, 15 g; spray must not exceed ~20 ft range and min effective distance ~6 ft.
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Wyoming – Pepper Spray Laws
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Legal Status: Pepper spray is legal for civilian use for self-defense; not explicitly restricted by state law.
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Restrictions:
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No explicit misuse statutes; general criminal statutes apply for assault or improper deployment. Legislative documentation indicates standard law enforcement acceptance.
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Size & Concentration Limits:
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No statewide statutory caps on container size or OC concentration.
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