Understanding pepper spray laws is essential before purchasing or carrying this self-defense tool. While pepper spray is legal in all 50 states, regulations vary significantly by location. This comprehensive guide breaks down pepper spray laws by state to help you stay legally compliant.

Last Updated: October 2025


Key Takeaways

Legal Status: Pepper spray is legal to own in all 50 U.S. states, but each state has its own specific rules and restrictions.

Age Requirements: Most states require purchasers to be at least 18 years old, with some states requiring 21+.

Size and Concentration Limits: Several states restrict maximum canister size and OC concentration.

Purchase Requirements: Some states require in-person purchases from licensed dealers or background checks.

Local Ordinances Matter: Even in states where pepper spray is legal, cities and counties may impose additional restrictions.

Federal Restrictions: Cannot be shipped via USPS, cannot be carried on aircraft, must be for self-defense purposes only.

Travel Considerations: Laws vary by state, so traveling with pepper spray requires understanding regulations in every state you’ll pass through.


General Federal Guidelines

Federal Status

Under federal law, pepper spray is legal to own and possess throughout the United States for self-defense purposes. The federal government defers to state and local jurisdictions to regulate these devices.

Federal Restrictions:

  • Cannot be shipped via U.S. Postal Service (must use private carriers like UPS or FedEx)
  • Cannot be carried on commercial aircraft (carry-on or checked luggage)
  • Cannot be mailed internationally
  • Must be intended for self-defense purposes only

Common State Requirements

While specific laws vary, most states that allow pepper spray require:

  • Minimum Age: At least 18 years old (some states require 21+)
  • Self-Defense Purpose: Intended for lawful civilian self-defense only
  • Clean Record: No felony convictions (in many states)
  • Size Limitations: Many states limit canister size (typically 2-2.5 oz maximum)

Prohibited Locations (Typically Apply Nationwide)

Even where legal, pepper spray is generally prohibited in:

  • Commercial aircraft (strictly enforced by TSA)
  • K-12 schools and school grounds
  • Government buildings and courthouses
  • Federal facilities
  • Correctional facilities
  • Some college and university campuses (check specific campus policies)

 


Pepper Spray Laws by State: Detailed Breakdown

Alabama

Legal Status: ✅ Legal to purchase, possess, and carry

Requirements:

  • Must be 18+ years old
  • No permit required

Restrictions:

  • Cannot be carried by convicted felons
  • Prohibited on school property

Notes: Generally permissive state with minimal restrictions on pepper spray for self-defense.


Alaska

Legal Status: ✅ Legal to purchase, possess, and carry

Requirements:

  • Must be 18+ years old
  • No permit required

Restrictions:

  • Cannot be carried by convicted felons
  • Standard prohibited locations apply

Notes: Very permissive state with few restrictions on defensive sprays.


Arizona

Legal Status: ✅ Legal to purchase, possess, and carry

Requirements:

  • Must be 18+ years old
  • No permit or license required

Restrictions:

  • Cannot be carried by convicted felons
  • Prohibited in schools and government buildings

Notes: Straightforward regulations with no special purchase requirements.


Arkansas

Legal Status: ✅ Legal to purchase, possess, and carry

Requirements:

  • Must be 18+ years old
  • No permit required

Restrictions:

  • Cannot be carried by convicted felons
  • Standard prohibited locations apply

Notes: Simple regulations with no special restrictions beyond age and criminal history.


California

Legal Status: ✅ Legal with specific restrictions

Requirements:

  • Must be 18+ years old
  • Must purchase from licensed firearms dealer, pharmacy, or authorized vendor
  • Cannot have felony conviction
  • Cannot have been convicted of assault or misuse of tear gas

Size Restrictions:

  • Maximum 2.5 oz canister size

Concentration Restrictions:

  • Must be oleoresin capsicum (OC) only
  • Cannot contain tear gas (CN or CS)

Other Restrictions:

  • Cannot be sold to or possessed by anyone convicted of felony, assault, or drug addiction
  • Cannot be carried in or on school grounds

Notes: California has some of the most detailed pepper spray regulations. The 2.5 oz size limit and OC-only requirement are strictly enforced.


Colorado

Legal Status: ✅ Legal to purchase, possess, and carry

Requirements:

  • Must be 18+ years old
  • No permit required

Restrictions:

  • Cannot be carried by convicted felons
  • Prohibited on school property

Notes: Minimal restrictions for lawful self-defense purposes.


Connecticut

Legal Status: ✅ Legal to purchase, possess, and carry

Requirements:

  • Must be 18+ years old
  • No special permit required for possession

Restrictions:

  • Cannot be sold to minors or convicted felons
  • May face local restrictions in some municipalities

Notes: Generally permissive though some local ordinances may apply.


Delaware

Legal Status: ✅ Legal to purchase, possess, and carry

Requirements:

  • Must be 18+ years old
  • No permit required

Restrictions:

  • Cannot be carried by convicted felons
  • Prohibited in schools and courthouses

Notes: Straightforward regulations with standard restrictions.


Florida

Legal Status: ✅ Legal to purchase, possess, and carry

Requirements:

  • Must be 18+ years old
  • No permit or license required

Size Restrictions:

  • Maximum 2 oz of chemical content

Other Restrictions:

  • Cannot be carried by convicted felons
  • Self-defense chemical spray must be non-lethal

Notes: Florida specifically defines “self-defense chemical spray” in statutes with the 2 oz limit.


Georgia

Legal Status: ✅ Legal to purchase, possess, and carry

Requirements:

  • Must be 18+ years old
  • No permit required

Restrictions:

  • Cannot be carried by convicted felons
  • Prohibited on school property

Notes: Permissive state with minimal restrictions.


Hawaii

Legal Status: ✅ Legal with strict requirements (Changed in 2021)

Requirements:

  • Must be 21+ years old
  • Must obtain a permit to acquire
  • Background check required
  • Cannot purchase online or have shipped to Hawaii
  • Must purchase in person from licensed dealer in Hawaii

Restrictions:

  • Permit required before purchase
  • Cannot be carried by convicted felons
  • Subject to same regulations as firearms in some respects

Notes: Hawaii previously banned pepper spray entirely but changed the law in 2021. However, it remains one of the most restrictive states, requiring permits similar to firearms.


Idaho

Legal Status: ✅ Legal to purchase, possess, and carry

Requirements:

  • Must be 18+ years old
  • No permit required

Restrictions:

  • Cannot be carried by convicted felons
  • Standard prohibited locations apply

Notes: Very permissive with minimal state-level restrictions.


Illinois

Legal Status: ✅ Legal to purchase, possess, and carry

Requirements:

  • Must be 18+ years old
  • Firearms Owner Identification (FOID) card required to purchase

Size Restrictions:

  • No specific state limit, but check local ordinances

Other Restrictions:

  • Cannot be carried in certain locations: schools, courthouses, public housing, public transit
  • Some municipalities have additional restrictions
  • Cannot be carried by convicted felons

Notes: The FOID card requirement is unique to Illinois and applies to pepper spray purchases. Some cities, particularly Chicago, may have additional local restrictions.


Indiana

Legal Status: ✅ Legal to purchase, possess, and carry

Requirements:

  • Must be 18+ years old
  • No permit required

Restrictions:

  • Cannot be carried by convicted felons
  • Prohibited in schools and government buildings

Notes: Straightforward regulations with standard restrictions.


Iowa

Legal Status: ✅ Legal to purchase, possess, and carry

Requirements:

  • Must be 18+ years old
  • No permit required

Restrictions:

  • Cannot be carried by convicted felons
  • Standard prohibited locations apply

Notes: Generally permissive state regulations.


Kansas

Legal Status: ✅ Legal to purchase, possess, and carry

Requirements:

  • Must be 18+ years old
  • No permit required

Restrictions:

  • Cannot be carried by convicted felons
  • Prohibited on school property and in courthouses

Notes: Minimal restrictions for lawful defensive use.


Kentucky

Legal Status: ✅ Legal to purchase, possess, and carry

Requirements:

  • Must be 18+ years old
  • No permit required

Restrictions:

  • Cannot be carried by convicted felons
  • Standard prohibited locations apply

Notes: Very permissive with few state restrictions.


Louisiana

Legal Status: ✅ Legal to purchase, possess, and carry

Requirements:

  • Must be 18+ years old
  • No permit required

Restrictions:

  • Cannot be carried by convicted felons
  • Prohibited in certain government buildings and schools

Notes: Generally straightforward regulations.


Maine

Legal Status: ✅ Legal to purchase, possess, and carry

Requirements:

  • Must be 18+ years old
  • No permit required

Restrictions:

  • Cannot be carried by convicted felons
  • Standard prohibited locations apply

Notes: Minimal restrictions for defensive purposes.


Maryland

Legal Status: ✅ Legal to purchase, possess, and carry

Requirements:

  • Must be 18+ years old
  • No permit required

Restrictions:

  • Cannot be carried by convicted felons
  • Prohibited in schools and certain government facilities
  • Some counties may have additional local restrictions

Notes: State law is permissive, but verify local county ordinances.


Massachusetts

Legal Status: ✅ Legal with requirements

Requirements:

  • Firearms Identification Card (FID) required to purchase
  • Must be 18+ years old (or 15-17 with parental consent and FID)
  • Must purchase from licensed firearms dealer

Size Restrictions:

  • Maximum 2 oz canister size

Concentration Restrictions:

  • Maximum 10% OC concentration

Other Restrictions:

  • Cannot be carried by convicted felons
  • FID card must be obtained before purchase

Notes: Massachusetts treats pepper spray similarly to firearms in terms of purchase requirements. The FID card requirement and concentration limits are strictly enforced.


Michigan

Legal Status: ✅ Legal with restrictions

Requirements:

  • Must be 18+ years old
  • No permit required

Size Restrictions:

  • Maximum 35 grams (approximately 1.2 oz)

Concentration Restrictions:

  • Maximum 10% OC
  • Maximum 2% tear gas if combination formula

Other Restrictions:

  • Cannot be carried by convicted felons
  • Prohibited in certain locations

Notes: Michigan has specific size and concentration limits that are more restrictive than many states.


Minnesota

Legal Status: ✅ Legal to purchase, possess, and carry

Requirements:

  • Must be 18+ years old
  • No permit required

Restrictions:

  • Cannot be carried by convicted felons
  • Prohibited in schools and courthouses

Notes: Generally permissive with standard restrictions.


Mississippi

Legal Status: ✅ Legal to purchase, possess, and carry

Requirements:

  • Must be 18+ years old
  • No permit required

Restrictions:

  • Cannot be carried by convicted felons
  • Standard prohibited locations apply

Notes: Minimal state-level restrictions.


Missouri

Legal Status: ✅ Legal to purchase, possess, and carry

Requirements:

  • Must be 18+ years old
  • No permit required

Restrictions:

  • Cannot be carried by convicted felons
  • Prohibited in certain government buildings and schools

Notes: Very permissive state with few restrictions.


Montana

Legal Status: ✅ Legal to purchase, possess, and carry

Requirements:

  • Must be 18+ years old
  • No permit required

Restrictions:

  • Cannot be carried by convicted felons
  • Standard prohibited locations apply

Notes: Minimal restrictions for defensive purposes.


Nebraska

Legal Status: ✅ Legal to purchase, possess, and carry

Requirements:

  • Must be 18+ years old
  • No permit required

Restrictions:

  • Cannot be carried by convicted felons
  • Prohibited on school property

Notes: Straightforward regulations with standard restrictions.


Nevada

Legal Status: ✅ Legal to purchase, possess, and carry

Requirements:

  • Must be 18+ years old
  • No permit required

Restrictions:

  • Cannot be carried by convicted felons
  • Prohibited in certain government facilities and schools

Notes: Generally permissive state regulations.


New Hampshire

Legal Status: ✅ Legal to purchase, possess, and carry

Requirements:

  • Must be 18+ years old
  • No permit or license required

Restrictions:

  • Cannot be carried by convicted felons
  • Standard prohibited locations apply

Notes: Very permissive with minimal restrictions.


New Jersey

Legal Status: ✅ Legal to purchase, possess, and carry

Requirements:

  • Must be 18+ years old
  • No permit required

Restrictions:

  • Cannot be carried by convicted felons
  • Cannot have certain disqualifying criminal convictions
  • Prohibited in schools and certain government buildings

Notes: More permissive than many other weapons regulations in New Jersey.


New Mexico

Legal Status: ✅ Legal to purchase, possess, and carry

Requirements:

  • Must be 18+ years old
  • No permit required

Restrictions:

  • Cannot be carried by convicted felons
  • Standard prohibited locations apply

Notes: Generally permissive state regulations.


New York

Legal Status: ✅ Legal to purchase, possess, and carry (Changed in 2019)

Requirements:

  • Must be 18+ years old
  • Must purchase in person from licensed firearms dealer or pharmacist in New York
  • Cannot purchase online or have shipped into New York

Other Restrictions:

  • Cannot be carried by convicted felons
  • Prohibited in schools and government buildings
  • Some local jurisdictions may have additional requirements

Notes: New York previously banned pepper spray but changed the law following a 2019 federal court decision. However, the in-person purchase requirement and prohibition on online sales/shipping into the state remain. This makes it difficult for residents to purchase unless buying from New York dealers.


North Carolina

Legal Status: ✅ Legal to purchase, possess, and carry

Requirements:

  • Must be 18+ years old
  • No permit required

Restrictions:

  • Cannot be carried by convicted felons
  • Prohibited on school property

Notes: Straightforward regulations with standard restrictions.


North Dakota

Legal Status: ✅ Legal to purchase, possess, and carry

Requirements:

  • Must be 18+ years old
  • No permit required

Restrictions:

  • Cannot be carried by convicted felons
  • Standard prohibited locations apply

Notes: Minimal state-level restrictions.


Ohio

Legal Status: ✅ Legal to purchase, possess, and carry

Requirements:

  • Must be 18+ years old
  • No permit required

Restrictions:

  • Cannot be carried by convicted felons
  • Prohibited in certain locations like schools and courthouses

Notes: Generally permissive state regulations.


Oklahoma

Legal Status: ✅ Legal to purchase, possess, and carry

Requirements:

  • Must be 18+ years old
  • No permit required

Restrictions:

  • Cannot be carried by convicted felons
  • Prohibited on school property and in certain government buildings

Notes: Permissive state with standard restrictions.


Oregon

Legal Status: ✅ Legal to purchase, possess, and carry

Requirements:

  • Must be 18+ years old
  • No permit required statewide

Local Restrictions:

  • Some cities like Portland may have specific local ordinances

Other Restrictions:

  • Cannot be carried by convicted felons
  • Standard prohibited locations apply

Notes: State law is permissive, but always check local city ordinances.


Pennsylvania

Legal Status: ✅ Legal to purchase, possess, and carry

Requirements:

  • Must be 18+ years old
  • No permit or license required

Restrictions:

  • Cannot be carried by convicted felons
  • Prohibited on school property

Notes: Very permissive state with minimal restrictions.


Rhode Island

Legal Status: ✅ Legal to purchase, possess, and carry

Requirements:

  • Must be 18+ years old
  • No permit required

Restrictions:

  • Cannot be carried by convicted felons
  • Standard prohibited locations apply

Notes: Rhode Island allows pepper spray without special restrictions (note: stun guns are prohibited in Rhode Island, but pepper spray is legal).


South Carolina

Legal Status: ✅ Legal to purchase, possess, and carry

Requirements:

  • Must be 18+ years old
  • No permit required

Restrictions:

  • Cannot be carried by convicted felons
  • Prohibited in schools and government buildings

Notes: Straightforward regulations with standard restrictions.


South Dakota

Legal Status: ✅ Legal to purchase, possess, and carry

Requirements:

  • Must be 18+ years old
  • No permit required

Restrictions:

  • Cannot be carried by convicted felons
  • Standard prohibited locations apply

Notes: Minimal state-level restrictions.


Tennessee

Legal Status: ✅ Legal to purchase, possess, and carry

Requirements:

  • Must be 18+ years old
  • No permit or license required

Restrictions:

  • Cannot be carried by convicted felons
  • Prohibited on school property

Notes: Very permissive state with few restrictions.


Texas

Legal Status: ✅ Legal to purchase, possess, and carry

Requirements:

  • Must be 18+ years old
  • No permit required

Restrictions:

  • Cannot be carried by convicted felons
  • Prohibited in certain locations like schools, courthouses, and secure areas of airports

Notes: Very permissive state with straightforward regulations.


Utah

Legal Status: ✅ Legal to purchase, possess, and carry

Requirements:

  • Must be 18+ years old
  • No permit required

Restrictions:

  • Cannot be carried by convicted felons
  • Standard prohibited locations apply

Notes: Minimal restrictions for defensive use.


Vermont

Legal Status: ✅ Legal to purchase, possess, and carry

Requirements:

  • Must be 18+ years old
  • No permit required

Restrictions:

  • Cannot be carried by convicted felons
  • Standard prohibited locations apply

Notes: Very permissive with minimal state regulations.


Virginia

Legal Status: ✅ Legal to purchase, possess, and carry

Requirements:

  • Must be 18+ years old
  • No permit required

Restrictions:

  • Cannot be carried by convicted felons
  • Prohibited in schools and certain government buildings

Notes: Generally permissive state regulations.


Washington

Legal Status: ✅ Legal to purchase, possess, and carry

Requirements:

  • Must be 18+ years old
  • No permit required

Restrictions:

  • Cannot be carried by convicted felons
  • Standard prohibited locations apply
  • Some local jurisdictions may have additional rules

Notes: State law is permissive, but check local ordinances.


Washington D.C.

Legal Status: ✅ Legal with requirements

Requirements:

  • Must be 18+ years old
  • Registration with D.C. police technically required (though rarely enforced for small containers)

Size Restrictions:

  • Regulations exist but enforcement varies

Other Restrictions:

  • Must be for self-defense purposes
  • Cannot be carried by convicted felons

Notes: D.C. has technical registration requirements that are inconsistently enforced. Laws have become more permissive in recent years.


West Virginia

Legal Status: ✅ Legal to purchase, possess, and carry

Requirements:

  • Must be 18+ years old
  • No permit or license required

Restrictions:

  • Cannot be carried by convicted felons
  • Standard prohibited locations apply

Notes: Very permissive with minimal restrictions.


Wisconsin

Legal Status: ✅ Legal to purchase, possess, and carry

Requirements:

  • Must be 18+ years old
  • No permit required

Size Restrictions:

  • Maximum 2 oz canister size (some sources indicate this limit)

Other Restrictions:

  • Cannot be carried by convicted felons
  • Prohibited in certain locations

Notes: Generally permissive with potential size restriction.


Wyoming

Legal Status: ✅ Legal to purchase, possess, and carry

Requirements:

  • Must be 18+ years old
  • No permit required

Restrictions:

  • Cannot be carried by convicted felons
  • Standard prohibited locations apply

Notes: Very permissive state with minimal restrictions.


State Comparison Chart: Key Restrictions

State Min Age Size Limit Concentration Limit Special Requirements
California 18 2.5 oz OC only (no tear gas) Licensed dealer
Florida 18 2 oz None None
Hawaii 21 None specified None specified Permit required, no online sales
Illinois 18 None None FOID card required
Massachusetts 18 2 oz 10% OC max FID card required
Michigan 18 35g (~1.2 oz) 10% OC, 2% tear gas None
New York 18 None None In-person purchase only
Wisconsin 18 2 oz None None

The Importance of Local Ordinances

State law is only part of the legal picture. Cities and counties may impose additional restrictions even in states where pepper spray is broadly legal.

Examples of Local Restrictions:

  • Some cities require permits beyond state requirements
  • Municipal parks may prohibit carry
  • Public housing may have restrictions
  • Public transit systems may have specific rules
  • College campuses often prohibit all weapons including pepper spray

How to Check Local Laws:

  1. City/County Website: Check the official municipal website for local ordinances
  2. Local Law Enforcement: Call non-emergency police line to ask about local rules
  3. City Attorney’s Office: Can provide information about local restrictions
  4. Municipal Code: Review the local municipal code online

Always verify local ordinances in your specific city and county, as these can be significantly more restrictive than state law.


Traveling with Pepper Spray

Domestic Travel by Car

When traveling with pepper spray across state lines:

Before Your Trip:

  • Research laws in EVERY state you’ll pass through (not just destination)
  • Verify size and concentration comply with all states on your route
  • Check age requirements in each state
  • Understand that legal possession in your home state doesn’t mean legal in others

During Travel:

  • Keep pepper spray in original packaging
  • Store securely but accessibly
  • Be prepared to explain it’s for self-defense if stopped
  • Consider leaving it home if passing through restrictive states

Best Practice: If traveling through multiple states with varying laws, the safest approach is to:

  • Ship pepper spray to your destination via ground carrier
  • Purchase new spray at your destination that meets local laws
  • Leave pepper spray at home and rely on other safety measures while traveling

Air Travel

Pepper spray is absolutely prohibited on commercial aircraft.

  • Cannot be in carry-on luggage
  • Cannot be in checked luggage
  • TSA will confiscate any pepper spray found
  • May face fines ($250-$5,000+) or criminal charges
  • Can cause flight delays and additional security screening

No exceptions exist for any size or type of pepper spray on commercial flights.

International Travel

Most countries prohibit pepper spray or have severe restrictions:

  • Canada: Generally prohibited for civilian use
  • United Kingdom: Illegal to possess
  • Most European countries: Restricted or prohibited
  • Australia: Restricted or prohibited depending on state

Always research destination country laws before traveling internationally. In most cases, leave pepper spray at home.


Legal Use of Pepper Spray: Self-Defense Standards

Using pepper spray in self-defense is generally protected under the same legal standards as other forms of self-defense. However, you must meet certain legal requirements:

Lawful Use Requirements:

Reasonable Belief of Danger:

  • Must reasonably believe you’re in imminent danger of bodily harm
  • Threat must be immediate, not past or future
  • Your perception must be reasonable (what a typical person would believe)

Proportional Response:

  • Response must be proportional to the threat
  • Cannot use pepper spray on someone who isn’t threatening physical harm
  • Verbal threats alone may not justify use (depends on circumstances)

Duty to Retreat:

  • Some states require attempting to retreat before using force
  • Stand Your Ground states don’t require retreat
  • Know your state’s self-defense laws

Cannot Be the Aggressor:

  • Cannot claim self-defense if you started or escalated the confrontation
  • Must be the defender, not the attacker

Unlawful Use Examples:

These uses are NEVER legal:

  • Using on someone during an argument (no physical threat)
  • Spraying someone who insulted you verbally
  • Using offensively to commit assault or robbery
  • Spraying someone as a “prank”
  • Using on someone who is retreating or incapacitated
  • Carrying into prohibited locations and using there

Legal Consequences of Misuse:

Criminal Charges:

  • Assault and battery
  • Assault with a weapon (pepper spray can be considered a weapon if misused)
  • Enhanced penalties if used during another crime
  • Possible felony charges depending on circumstances and injuries

Civil Liability:

  • Victim can sue for damages
  • Medical expenses
  • Pain and suffering
  • Punitive damages for malicious use

Other Consequences:

  • Loss of right to carry pepper spray
  • Criminal record
  • Fines and restitution
  • Potential jail or prison time

Legal Considerations for Retailers and Distributors

If you sell pepper spray, understand your legal obligations:

Age Verification

Requirements:

  • Verify buyer is at least 18 years old (21 in Hawaii)
  • Require and inspect government-issued photo ID
  • Maintain records of purchaser information where required by state law

Shipping Restrictions

Critical Rules:

  • Cannot ship via USPS – must use private carriers (UPS, FedEx)
  • Cannot ship to states/cities where prohibited or restricted
  • Cannot ship to Hawaii without proper permits
  • Cannot ship to New York (must be purchased in person)
  • Verify buyer’s address is in a legal jurisdiction

State-Specific Requirements

Special Considerations:

  • California: Ensure products are 2.5 oz or less, OC-only formulation
  • Florida: Products must contain 2 oz or less of chemical
  • Hawaii: Cannot sell online/ship; buyers need permits
  • Illinois: Buyers must present FOID card
  • Massachusetts: Buyers must present FID card; products must be 2 oz or less with 10% max OC
  • Michigan: Products must be 35g or less with 10% max OC
  • New York: Cannot ship; must be purchased in person from licensed dealer

Product Compliance

Ensure Products:

  • Meet state-specific size limitations
  • Meet state-specific concentration limits
  • Include proper labeling with warnings
  • Have clear expiration dates
  • Include usage instructions

Record Keeping

Maintain Records Of:

  • Buyer name and address
  • Date of purchase
  • ID type and number (where required)
  • Product specifications sold
  • Retain for period required by state law (typically 2-5 years)

Licensing

Some States Require:

  • Firearms dealer license to sell pepper spray (California, Massachusetts, New York)
  • Special authorization or registration
  • Compliance with firearms dealer regulations even for pepper spray sales

Liability Protection

Best Practices:

  • Carry product liability insurance
  • Include clear warnings about legal restrictions and proper use
  • Have customers sign acknowledgment of intended use (self-defense only)
  • Understand and comply with laws in all states you serve
  • Stay current with changing regulations

Penalties for Non-Compliance:

  • Fines and penalties
  • Loss of business license
  • Criminal charges in serious cases
  • Civil liability if products are misused

Frequently Asked Questions

Can I carry pepper spray in all 50 states?

Yes, pepper spray is legal in all 50 states, but each state has different restrictions. You can legally possess pepper spray everywhere in the U.S., but you must comply with state-specific requirements regarding age (18+ or 21+), size limitations (some states limit to 2-2.5 oz), concentration limits (some states restrict OC percentage), and purchase requirements (some states require permits or in-person purchases). Additionally, local city and county ordinances may impose further restrictions. Always research specific state and local laws before carrying pepper spray, especially when traveling across state lines.

What states have the strictest pepper spray laws?

The states with the most restrictive pepper spray regulations are: Hawaii (requires permit, age 21+, no online sales), Massachusetts (requires Firearms ID Card, 2 oz max, 10% OC max), New York (must purchase in person from licensed dealer, no online sales/shipping), California (2.5 oz max, OC-only formulation, must buy from authorized vendor), Illinois (FOID card required), and Michigan (35g/1.2 oz max, 10% OC max). These states either require special permits, limit size/concentration significantly, or restrict how and where you can purchase pepper spray.

Can I buy pepper spray online and have it shipped to me?

In most states, yes, you can purchase pepper spray online and have it shipped to your address using private carriers (UPS or FedEx – USPS is prohibited). However, important exceptions exist: New York prohibits online sales and shipping – must purchase in person, Hawaii restricts online purchases and requires permits, and some other states have specific requirements. Reputable online retailers will verify your age (18+ or 21+), confirm your shipping address is in a legal jurisdiction, and ship via approved carriers only. Always verify your specific state allows online purchase and shipping before ordering.

Do I need a permit or license to carry pepper spray?

Most states do NOT require permits or licenses to carry pepper spray for self-defense. However, exceptions include: Hawaii requires a permit to acquire pepper spray, Massachusetts requires a Firearms Identification Card (FID), and Illinois requires a Firearms Owner Identification (FOID) card to purchase. Some states had permit requirements in the past but have since removed them. Even in states without permit requirements, you must still meet age requirements (18+ or 21+) and cannot have disqualifying criminal convictions. Always verify current requirements in your specific state before purchasing or carrying pepper spray.

Can I take pepper spray on an airplane?

No, absolutely not. Pepper spray is strictly prohibited on commercial aircraft in both carry-on and checked luggage under TSA regulations and federal law. This applies to all flights within, to, and from the United States with no exceptions for size or type. If TSA discovers pepper spray during security screening, it will be confiscated and you may face fines ($250-$5,000+), potential criminal charges, flight delays, and additional security screening. For air travel, you must leave pepper spray at home, ship it to your destination via ground carrier before your trip, or purchase new spray at your destination if legal there. Many travelers accidentally pack pepper spray – always check bags thoroughly before heading to the airport.

What’s the maximum size pepper spray I can carry?

Maximum size varies by state. States with specific size limits include: California: 2.5 oz maximum, Florida: 2 oz of chemical content maximum, Massachusetts: 2 oz maximum, Michigan: 35 grams (approximately 1.2 oz) maximum, and Wisconsin: 2 oz maximum (some sources). Most other states have no specific size restrictions, though “reasonable size for self-defense” is the general standard. For reference, common pepper spray sizes are: keychain (0.5-1 oz), pocket/purse (2-4 oz), and home defense (8-16 oz). When traveling across state lines, your pepper spray must comply with the most restrictive state you’ll pass through. For everyday carry, 2-4 oz sizes comply with all state limits and provide adequate capacity.

Can convicted felons possess pepper spray?

Generally, no. Most states prohibit convicted felons from possessing pepper spray, similar to restrictions on firearms and other weapons. While a few states may not have explicit language about felons and pepper spray, the general legal principle is that those convicted of felonies forfeit rights to possess weapons and self-defense tools. Some states explicitly list pepper spray in weapons restrictions for felons, while others include it under broader “defensive weapons” or “irritant substances” categories. In rare cases, felons may be able to petition for restoration of rights after a certain period or completion of sentence, but this varies greatly by state and type of felony. If you have a felony conviction, consult with an attorney in your state about your specific rights regarding pepper spray possession.

Are there places where I can’t carry pepper spray even if it’s legal in my state?

Yes, even in states where pepper spray is legal, certain locations typically prohibit it: Federal facilities (courthouses, federal buildings, military installations), commercial aircraft (strictly enforced by TSA), K-12 schools and school grounds (nearly universal prohibition), many college campuses (check specific policies), government buildings (state capitols, city halls, some DMVs), correctional facilities (jails and prisons), some sports stadiums and entertainment venues, some private businesses

 
 
 
 
 
MG

Continue

 
 
 

(can set their own policies), and some public transit systems (varies by municipality). Additionally, specific states prohibit pepper spray in locations like: Illinois prohibits in public housing and public transit, some jurisdictions prohibit in bars or establishments serving alcohol, and courthouses universally prohibit all weapons including pepper spray. Always check posted signage and venue policies. Violating prohibited location rules can result in confiscation, fines, misdemeanor charges, and potential jail time in serious cases. When in doubt, ask facility security or management, or leave pepper spray secured in your vehicle.


Staying Legally Compliant

Before Purchasing

Research Requirements:

  1. Verify pepper spray is legal in your state (it is in all 50)
  2. Check age requirements (18+ or 21+)
  3. Understand size and concentration limits in your state
  4. Determine if permits or special cards are required (Hawaii, Massachusetts, Illinois)
  5. Check local city/county ordinances
  6. Verify you have no disqualifying criminal convictions

Choose Compliant Products:

  • Select size that meets your state’s limits
  • Ensure concentration complies with restrictions
  • Buy from reputable, licensed sellers
  • Verify products have proper labeling and expiration dates

Before Carrying

Know the Rules:

  1. Understand where you cannot carry (schools, government buildings, etc.)
  2. Check policies of specific venues you’ll visit
  3. Be aware of prohibited locations in your area
  4. Know whether your workplace allows pepper spray

Carry Responsibly:

  • Keep safety mechanisms engaged
  • Carry in secure location (not loose in bag)
  • Ensure it’s accessible in emergency but secure from unauthorized access
  • Consider carrying in original packaging when traveling

Before Using

Understand Self-Defense Laws:

  1. Know your state’s self-defense standards
  2. Understand when use is legally justified
  3. Be aware of duty to retreat requirements (if applicable)
  4. Recognize that you may need to justify your use

Use Only When Legally Justified:

  • Immediate threat of bodily harm
  • No other reasonable option to escape
  • Proportional to the threat faced
  • You are not the aggressor

After Using

Take Proper Actions:

  1. Move to safety immediately
  2. Call 911 as soon as safely possible
  3. Report the incident to law enforcement
  4. Cooperate fully with investigation
  5. Be prepared to explain why you felt threatened
  6. Document the incident (photos, witness info, injuries)

Stay Informed

Laws Change:

  • Check for updates annually
  • Subscribe to state legislature updates
  • Follow self-defense advocacy organizations
  • Consult with attorney if uncertain

When Traveling:

  • Research laws in destination state
  • Check laws in all states you’ll pass through
  • Understand that home state legality doesn’t transfer
  • Consider alternatives if traveling through restrictive states

State Law Resources

To verify current laws in your state, consult these official sources:

State Government Websites:

  • Your state’s official government website (.gov domain)
  • State Attorney General’s office
  • State legislature website for current statutes

Law Enforcement:

  • State police or highway patrol
  • Local police department (non-emergency line)
  • Sheriff’s office

Legal Resources:

  • State bar association
  • Legal aid organizations
  • Criminal defense attorneys familiar with weapons laws

Municipal Resources:

  • City attorney’s office
  • County clerk’s office
  • Local municipal code (usually available online)

Important Reminders

Legal Compliance is Your Responsibility

You must:

  • Research and understand laws in your jurisdiction
  • Comply with all federal, state, and local regulations
  • Stay informed about changes to laws
  • Use pepper spray only for lawful self-defense

Consequences of Non-Compliance

Violations can result in:

  • Criminal charges (misdemeanor or felony)
  • Fines and penalties
  • Confiscation of pepper spray
  • Jail or prison time
  • Civil liability if misused
  • Criminal record affecting employment and rights

When in Doubt

Always:

  • Err on the side of caution
  • Consult with local law enforcement
  • Seek legal advice from an attorney
  • Choose not to carry rather than risk violation

Conclusion

Pepper spray is a legal and effective self-defense tool throughout the United States, but the specific regulations vary significantly by state and locality. Understanding and complying with these laws protects you from legal consequences while ensuring you can legally carry this important safety tool.

Key Takeaways:

  • Legal in all 50 states with varying restrictions
  • Age requirements: typically 18+, some states 21+
  • Size and concentration limits in several states
  • Special purchase requirements in some states (Hawaii, Massachusetts, Illinois, New York)
  • Cannot be carried on aircraft or in many government buildings
  • Local ordinances may be more restrictive than state law
  • Must be used only for lawful self-defense

Your safety and legal compliance both matter. Take the time to research and understand the laws in your area before purchasing and carrying pepper spray.

Shop Pepper Spray | Contact Us


Disclaimer: This information is for general educational purposes only and should not be considered legal advice. Pepper spray laws vary by jurisdiction and change frequently. The information provided here, while accurate at the time of publication, may not reflect the most current laws in your area. Before purchasing, possessing, or carrying pepper spray, verify current laws in your specific state, county, and city through official government sources or legal counsel. Consult your state’s official website, local law enforcement, or an attorney for guidance specific to your situation. Improper or illegal possession or use of pepper spray may result in criminal charges, fines, and imprisonment.


Last Updated: October 2025. Laws change frequently—always verify current regulations through official state and local sources before purchasing or carrying pepper spray.