Pepper Spray Lawyers
Locate a Local Criminal Lawyer
What is Pepper Spray?
Pepper spray, also known as OC spray, is a compound that produces tears and pain in the eyes. It is used both by police and by individuals for the purpose of self defense. Pepper spray is typically sold in canisters which are small enough to be concealed in a pocket or purse. Similar self defense sprays are tear gas (also known as CS or CN sprays) or Mace.
Is Pepper Spray Legal?
It is illegal to use pepper spray in the commision of a crime. In most states, pepper spray is legal to carry and use for the purpose of self defense. However, in some states, the use of pepper spray is regulated:
- Massachusetts - A firearm identification card is required to lawfully purchase, possess, and use pepper spray meant for humans. Pepper spray meant for animals can be bought over the internet and shipped in the mail.
- New York - Pepper spray must be purchased from licensed firearms dealer or pharmacist. The buyer must be 18 years or older and must sign a form to swear to their age. It is illegal to ship pepper spray in New York State.
- Wisconsin - Sprays must be made of pepper only, and tear gas, UV dyes, or combination sprays are prohibited. OC spray can be no stronger than a 10% solution. The canister can be between 15-60 grams only and must have safety feature.
- Washington, D.C. - Possession of any kind of pepper spray must be registered with the DC Metropolitan Police
- Michigan - OC Pepper spray can be no stronger than a 2% concentrate. CS is the only tear gas accepted and can be no larger than approximately 1.2 ounces per can. UV dyes are not legally permitted.
- California - It is illegal to purchase, possess, or use any pepper spray that contains more than 2.5 ounces net weight of aerosol spray,
- Texas - It is legal to carry a “small chemical dispenser” of pepper spray, but illegal to carry or own larger quantities.
It is also important to check local laws, as they may address pepper spray possession and usage. It is illegal to bring pepper spray on an airplane in carry on luggage. Furthermore, in Canada, pepper spray is a prohibited weapons. If you are traveling or moving to Canada, do not carry pepper spray with you.
Have You Been Arrested For Unlawful Use or Possession of Pepper Spray?
If you have been arrested for unlawful use or possession of pepper spray, you should contact a criminal defense attorney immediately. A criminal defense attorney can help you understand the laws of your jurisdiction, and can explain to you any defenses that may be available to you.
Consult a Lawyer - Present Your Case Now!
Last Modified: 06-02-2016 02:28 PM PDT
Link to this page