Legal Restrictions

Section 11.81.900 (b)(20) defines "defensive weapon" as "a device to dispense Mace or a similar chemical agent, that is not designed to cause death or serious physical injury". Section 11.61.210 (a)(6) prohibits the sale of a defensive weapon to a person under 18 years of age. Such a defensive weapon cannot be possessed in a school without permission of certain school authorities, unless the person is 21 years of age or older.

Section 5.73.124 makes the possession of tear gas or pepper spray illegal. However, it is legal to possess "a small container of tear gas or pepper spray to be used for self-defense purposes only, but the capacity of the cartridge or container shall not exceed one hundred fifty cubic centimeters (150cc)", which equals about 5 ounces.

Section 12403-7 restricts the canister size to 2.5 ounces, and must be in aerosol form, no projectiles. Sale to a minor is prohibited.

Section 41-37-3 restricts the canister size to 1/2 ounce, and there are licensing requirements. Must be 18 yrs or older.

Section 122C restricts the sale or possession of pepper spray to anyone less than 18 years old – unless they have a valid firearms ID card. Must be purchased from a licensed firearms dealer in MA.

New Jersey Code N.J.S.2C:39-5 restricts the size of a pepper spray canister to .75 ounces or less. Must not have been convicted of a felony.

Section 265.20 of NYS Penal Law restricts the sale or possession of pepper spray to anyone less than 18 years old, and anyone convicted of a felony. Must be purchased from a licensed dealer in NY.

Rhode Island General Law 11-47-57 restricts the possession of pepper spray to persons of 18 years of age or more.

Washington Code Section RCW 9.91.160 explicitly authorizes the sale and use of "personal protection spray devices" such as "mace, pepper mace, or pepper gas". There is an age restriction to persons age 18 and older, or 14 with a parent or guardian's permission.

Wisconsin Code Section 941.26 restricts pepper spray canister size to 2oz or less, and limits strength to 10% OC (oleoresin capsicum) or 1.2% MC. Can not have been convicted of a felony. 18 years or older.