Massachusetts Pepper Spray Laws

Pepper spray, also called “oleoresin capsicum spray,” “capsaicin spray,” or “mace,” is a kind of tear gas. Its active ingredient is capsaicin, a chemical that irritates the eyes and causes burning and pain in the eyes and sinuses. It can also cause the eyes to close, which brings on temporary blindness and discomfort, and burning of the nasal passages and lungs, which can bring on coughing and shortness of breath.

Capsaicin is the active ingredient in pepper spray. This substance comes from chili peppers and is what makes certain varieties taste hot and spicy. That is why people who are especially sensitive to the substance may experience irritation if they are present where hot peppers, such as Scotch bonnets, are being processed.

Law enforcement officers use pepper spray, because they can restrain people more easily after applying pepper spray. People in danger can escape a live human or animal threat after directing pepper spray at the person or animal.

In fact, pepper spray was originally created to use as a defense against bears, wolves and other wild predators. In some parts of the U.S., it is referred to as “bear spray.”

If a victim of spraying cannot open their eyes, then police officers are able to restrain them more easily. It also creates an opportunity to escape for people in danger who use pepper spray in self-defense against an animal. Pepper spray is used as a less lethal weapon in policing for riot control, crowd control, and self-defense.

The Massachusetts Executive Office of Public Safety and Security (EOPSS) regulates self-defense sprays, including pepper spray. It enforces regulations that require products sold in Massachusetts to meet safety and efficacy standards. It forbids the sale and distribution of substances that are substandard or excessively potent, i.e., products that could endanger users or the public.

Manufacturers and retailers must comply with the EOPSS regulations. They include limitations on the concentration of the active ingredients in these sprays, such as oleoresin capsicum. Products must be clearly labelled, and the label must provide instructions as to how it should be used.

Labels must also feature safety warnings that tell consumers how to handle the sprays, as well as the potential risks of danger that they pose. Failure to comply with labeling requirements can lead to civil penalties, which could require the payment of a fine and even the revocation of a business license.

A Massachusetts lawyer consultation with a Massachusetts lawyer would help a person understand when they may possess and use pepper spray and when law enforcement is allowed to do the same.

Is Pepper Spray Legal in Massachusetts?

Under Massachusetts criminal law, the possession of pepper spray by individuals who are 18 or older is legal. Individuals who meet the age requirement may purchase and carry pepper spray. They do not need a Massachusetts firearms identification card to do so. This has been the case since 2014.

The law specifies that pepper spray may only be used for personal protection. Using it in situations not related to self-defense, such as to offend or hurt another person, is prohibited and could lead to criminal charges. This reinforces its role as a defensive tool only.

In Massachusetts, When Can Pepper Spray Be Used for Self-Defense?

Massachusetts law restricts the use of pepper spray to situations in which it is necessary for personal protection, i.e., self-defense. It is a criminal offense to use pepper spray in ways that are not needed for self-defense. For example, it cannot be used to intimidate another person or to offend or harm them. Again, the only use allowed is for defensive purposes.

Law enforcement is also constrained by this rule with respect to the use of pepper spray. If a police officer were to use it in a way that is not consistent with legitimate crowd control or self-defense, they could be liable for the excessive use of force in violation of the Constitution.

Generally, the police are not allowed to use pepper spray on individuals in the following situations:

• The individual is complying with police directions.
• The individual is not behaving violently or in a dangerous manner.
• The individual does not pose any current threat to officers or other people in the vicinity.
• The individual is already under police control or has surrendered to police.

In a recent case issued by the federal Tenth Circuit Court of Appeals, the court addressed a situation in which a police officer deployed pepper spray in the face of a man who had been detained on the suspicion of being in physical control of a vehicle while intoxicated. The suspect was being held face down on the ground and was handcuffed when the officer deployed the pepper spray in his face.

The Court stated that the case presented an example of the excessive use of force by a police officer and held that a jury could find that the officer had used excessive force in violation of the 4th Amendment to the U.S. Constitution.

Can I Go to Jail for Pepper Spraying Someone in Massachusetts?

An individual who uses pepper spray in ways not allowed by law, e.g. in a method that cannot be characterized as self-defense, can lead to criminal prosecution for violations of assault statutes. If an individual is convicted of a crime for the criminal use of pepper spray, the punishment may include imprisonment and the payment of fines.

For example, assault with a dangerous weapon, including pepper spray, can result in a sentence of up to 5 years in state prison or up to 2 and ½ half years in a house of correction.

If an individual who is under 18 is found carrying pepper spray, they can be prosecuted for Illegal possession. A minor would be prosecuted through the Massachusetts juvenile delinquency system. The consequence could involve rehabilitation as opposed to criminal punishment, but would still have serious consequences. The goal of the law is always to ensure that possession and use remain within the boundaries of self-defense cases.

Certain individuals who are 18 or older are prohibited from possessing pepper spray in Massachusetts. An adult who has been convicted of a felony or a misdemeanor that is punishable by imprisonment for more than 2 years is prohibited from carrying sprays, including pepper spray, that are used for self-defense. However, if an adult’s criminal record has been sealed or expunged, they may become eligible again to carry pepper spray if they meet certain criteria.

There are certain other exceptions for special circumstances. For instance, individuals subject to restraining orders might face limitations on their ability to possess pepper spray, but they could receive an exemption if they show a legitimate need for self-defense.

Professionals in high-risk occupations, such as security personnel, may have specific guidelines provided by their professional licenses. These may allow them to carry pepper spray, even if they would otherwise not be allowed to do so by Massachusetts law. These license guidelines allow professionals who work in high-risk situations at work to access self-defense tools.

Do You Need a Lawyer if You’ve Been Arrested for Unlawful Use or Possession of Pepper Spray in Massachusetts?

If you are unsure of whether you may carry or use pepper spray, you want to consult a Massachusetts criminal defense lawyer. If you have been arrested and charged with a crime that involves pepper spray, you need to speak to a Massachusetts criminal defense lawyer.

Your lawyer will be able to review the facts of your situation and identify any defenses you might have. You want to make sure that your rights are protected and your lawyer can help you ensure that.