Pepper spray, sometimes referred to as OC spray, is legal in all 50 states. However, some states have limited restrictions. Restrictions generally have to do with purchase, age restrictions, canister weights, permits, formulation, canister appearance, and safety features.
Restricted states
In California, there are several restrictions. Canisters must be less than 2.5 ounces in volume, and OC spray can only be used for personal defense.
In Massachusetts, the specific restrictions refer more to how OC spray is purchased. The animal repellent is legal in Massachusetts and can be purchased online. Buyers in Massachusetts may need a firearm identification (FID) card before they can purchase pepper spray. Massachusetts residents should call their local law enforcement agency for any clarification they need.
In Michigan, animal repellants are legal and can be legally purchased online. The OC spray must contain less than 35 grams of product and a 2% or less concentration of capsicum oleoresin (OC). Only OC sprays are allowed. UV dyes are not allowed.
New York State allows the online purchase of dog and bear repellants. But traditional OC sprays are only available through licensed firearms dealers and pharmacies. Buyer may need a Firearms Identification (FID) card before purchasing OC spray. New York residents should call their local law enforcement agency for specific information if they are unsure.
Washington, DC residents must register their OC spray with their local law enforcement agency.
Wisconsin has several restrictions on pepper spray. Dog and bear repellent is legal in Wisconsin. Specifically, oc aerosol of any kind cannot contain MACE, UV dye, or tear gas. Products with a maximum OC concentration of 10% and an ingredient weight of 15 to 50 grams are legal (which equates to 1/2 oz. To 2 oz. Of aerosol). The OC spray cannot be camouflaged and must be equipped with a safety feature, such as a flip-top cap to prevent accidental discharges. Sprinklers should have an effective range of 6 to 20 feet. Pepper spray cannot be sold to anyone under the age of 18 and the manufacturer’s phone number must be on the label. The jars must be sold in sealed packages that are inviolable.
In whatever state you live in, you can be civilly or criminally liable if you use pepper spray irresponsibly – for example, if you spray an innocent victim in the face. Situations like these can lead to assault charges in most states. Generally, pepper spray can only be used to defend against personal injury or by the police in an arrest situation. You cannot claim self-defense if, for example, someone is using foul language or just looks scary.
In California, you can really get in trouble for misusing oc spray, which can result in a conviction and criminal record. Dismissing it as a joke, or carrying it if you are a minor, convicted felon, or convicted drug offender, is illegal in California.
Since the laws on pepper spray are always changing, it is a good idea to check with your local law enforcement agency before purchasing pepper spray for any restrictions that may exist in your state.