Eagle Security Products
 

Pepper Spray Use and Laws

UNITED STATES AND ITS TERRITORIES:

PLEASE NOTE:

· Pepper Sprays cannot be shipped outside the continental US, which includes
Alaska, Hawaii, and US Territories.

· Pepper Sprays cannot be shipped by any method other than GROUND.

· Pepper Sprays, or any type of weapon, including stun devices, knives and
batons, cannot be shipped outside the United States (including its territories.)

Even though you desire to be safe and secure, some states regulate or forbid pepper spray and/or tear gas, or some may allow cities to make their own assorted laws regarding tear gas. Many countries, including Canada, also forbid tear gas. For this reason, it's a good idea to call the law enforcement agency that has jurisdiction over your destination before you bring tear gas somewhere to find out about its tear gas laws.

Types of Pepper Sprays and Tear Gas:
There are four major chemicals used as tear gases. The first two are CS and CN, short for orthochlorobenzalmalononitrile and chloroacetophenone, respectively. They are the most common by far. A third, code named CR (dibenz(b,f)-1,4-oxazepin), is unavailable for civilian use. At standard temperature and pressure, these are actually white crystals with fairly low vapor pressures, not gases, and they're not very soluble in water. In order to disperse them, they are suspended in a liquid carrier and aerosolized. You have probably heard of Mace, which is one of many brands of CN tear gas and is a well-recognized trade name by both civilian and law enforcement tear gas users. The fourth is pepper spray which is the oleoresin capsicum extracted from chili peppers. It's the chemical that gives them their hot quality. OC is a reddish-orange, oily liquid, insoluble in water. This agent is also dispersed by aerosol. Tear gas has been credited with saving lives when police are faced with barricade situations and combative suspects. Its use is a standard tactic which usually facilitates an arrest without the need for lethal force. Pepper Spray is generally regarded to be the most distressing to experience, but it must be sprayed in the eyes or inhaled directly to be effective. CS and CN, on the other hand, vaporize to some extent despite their low vapor pressures and may have some effect on a person who is hit less accurately due to the vapors being inhaled or drifting into the eyes. CS and CN may have some effect on a person sprayed in the groin area. Because of the different advantages of each, some formulations are being manufactured which contain blends of OC and either CS or CN. Also, despite the absence of vapors from oleoresin capsicum, aerosolized particles can remain airborne for a long time, especially indoors. Their concentrations can be high enough to irritate many people who were not even sprayed directly. One type of OC product attempts to eliminate aerosolized pepper spray entirely by propelling the agent in a thick foam.

While pepper spray is legal for use against bears in most states, the use of Mace and tear gas is not.

Cautions with the use of Pepper Sprays and Tear Gases:
The effects of exposure to tear gas can include tearing and involuntary closure of the eyes, with severe burning sensations on the nerve endings of the skin. Coughing, inflammation, mucous secretion, headache, dizziness, a tight feeling in the chest or excessive salivation may result. Pepper spray can cause a significant enough inflammatory response in the eyes to severely degrade the vision of even a PCP-intoxicated person who can't feel pain. If you are using tear gas defensively, target the face. A person properly sprayed with tear gas may experience panic, especially if you achieve an element of surprise. Pepper spray's effects may last up to 40 minutes after the agent has been completely irrigated from skin surfaces, with some minor irritation persisting up to a few hours after exposure. CS, CN and CR, on the other hand irritate when there is a sufficient concentration in contact with the skin and the 15-30 minutes of residual irritation degrades rapidly. CS is hydrolyzed in water, especially in basic solution; at pH 9, its half-life is about 1 minute.

Your tear gas should come with a package insert that includes first aid instructions. If you accidentally spray yourself with tear gas, you will probably not be able to find these instructions, let alone read them--so read them before you need them. If you become exposed to any of these types of tear gases, copious amounts of cool water should begin to provide relief and rinse away the tear gas contamination. Warm water may intensify the burning and inflammation, though. Fresh air helps, and washing twice with soap is recommended. Try not to rub! Don't use a soap that contains a lot of oils, and don't apply oily lotions--they will carry tear gas particles deeper into your skin and prolong your discomfort. Remove any contact lenses if you get tear gas into your eyes--but not with fingers that have additional tear gas contamination. Don't touch your face before washing your hands after contacting tear gas. Remove any contaminated clothing, as you may re-contaminate yourself from them, and CN or CS-soaked clothing will continue to give off noxious vapors. Pain may be reduced by taking an over-the-counter anti-inflammatory drug, like ibuprofen. In addition, an over-the-counter antihistamine may alleviate some of the effects of pepper spray. Unfortunately, the time it takes for your body to deliver the drug in a pill to the sites of irritation make them of little use until the effects are already wearing off. They will be most effective if taken before exposure, like the antidotes to some chemical warfare agents, making them rarely useful. Infants are very sensitive to tear gas and should be taken to a doctor immediately if exposed to it. Tear gas as a weapon of self-defense can be an excellent distraction, allowing the victim time to get away. However, unlike a firearm, it has little “stopping power,” little ability to actually stop an attacker from causing you injury. Tear gas does not paralyze. A person sprayed with it may still grab you, hit you, stab you or shoot you. Also, tear gas may not affect the insane, addicts, intoxicated or hysterical persons.

The Correct Uses of Pepper Sprays and Tear Gases:
A person threatening you with a lethal weapon can injure you mortally in less time than it takes you to draw and aim a tear gas weapon. An assailant may be able to take your canister away from you and use it against you. If this is happening, try to throw the spray away out of reach. Your spray could backfire at you in wind. Both wind and rain may reduce its range and effectiveness. CS, CN and CR tear gases are usually not very effective against animals. In fact, law enforcement uses horses and dogs in areas they have deployed tear gas. OC (pepper spray) has been proven effective against many animals, and has been available to the California public in an aerosol form for this purpose even before its use against humans became legalized. Most canisters sold for self-defense against humans, however, are marked “Not tested on animals.”

If you are attacked, use plenty of pepper spray in the assailant’s face and run away immediately. Tell law enforcement about the incident right away. Remember a description of the assailant and the location of the incident and tell this to law enforcement in order to make an arrest possible. The best safety measure is to avoid unnecessary risks whenever possible. Have a security plan: 1) Make a habit of walking with others and stick to paths with good lighting, in public view whenever possible. 2) Avoid areas known to be dangerous--never go with tear gas where you wouldn't go without it. Although the Materials Safety Data Sheet for OC does not list any known specific lethal dose or lethal concentration, pepper spray has been implicated in the deaths of some people who were sprayed with it. These people suffered anaphylaxis, a violent allergic reaction that can be life threatening. Symptoms can include airways obstructed by swelling, fainting, and shock. Asthmatics are at higher risk of having an adverse reaction to pepper spray. For the reason of additional risk to asthmatics, people who wish to carry tear gas for self defense but worry about possible wind-blowback, may wish to consider a formulation which does not contain oleoresin capsicum, or at least a foam type pepper spray which reduces the risk from airborne particles of the OC agent. This risk of a bad reaction, however, is not going to be reduced for the user of a foam in a situation where an assailant takes the weapon away and uses it against the victim. Also, the possibility of this reaction emphasizes the importance of using pepper spray only in defense of people, not property. It also adds potential liability in these litigious times.

Correct Storage and Care of Pepper Sprays and Tear Gases:
Canisters are usually dated to expire in one year, which may affect its’ legal use after expiration. Shake the canister about once a month to keep the ingredients mixed. Canisters have the active ingredient mixed in a liquid, and a pressurized gas propellant. The inside of a tear gas canister is like a squirt bottle under pressure. An intake straw dips to the bottom of the canister, into the liquid mixture. For this reason, the canister must remain fairly upright. If it's held upside down while spraying, only the propellant may escape. If the canister is sprayed upside down, it will lose pressure and may not be able to spray when you need it, even though you may be able to hear and feel the liquid sloshing around and you believe the can is full. Other canister failures are possible. The nozzle may become clogged with lint or dirt. The trigger may break off. If left in a car on a hot day, a canister may be exposed to temperatures over 140 degrees F. Even if the it doesn't explode (which it might), this adverse condition may cause a leak or a loss of the pressure needed to fire the device. It could also shorten the life of the active ingredients. If you wish to test your canister for pressure, make your spray burst only a fraction of a second and don't do this often, as there may be as little as four seconds or less worth of spray in some models. The label or instructions of a good brand should tell you how many seconds of spray it has. Although floating the device in water to determine the quantity of ingredients left has been recommended in the past, be aware that this may cause the label to fall off or dissolve, and the device will no longer comply with the law unlabelled. Keep it away from children! You are responsible for the use of your canister.

It is vital that you give some thought in advance to how you will carry your pepper spray or tear gas canister. A purse can be a poor location, as it is likely to end up at the bottom and you will have to dig for it in an emergency. A purse with an accessible, open pocket where the pepper spray can't get lost may be better than keeping it loose in the bag, but the first indication that you need your pepper spray may be when an assailant is already tugging on your purse. Consider carrying the device in the same place whenever possible. That way, you won't have to think, "where is it today?" in the heat of the moment. Try various carrying methods and practice drawing the weapon. Make sure you can draw it quickly from wherever you're keeping it. Good, accessible locations include inside a pants pocket, especially for the models with a clip. If it's clipped onto the outside of a pocket or belt, it may be dislodged accidentally or grabbed by an attacker. At the very least, it may be noticed before you use it, removing the element of surprise, which adds to the effectiveness of pepper spray or tear gas. Most clip models have the clip on the left side of the canister, which leaves the majority of the canister concealed if it's kept in the left pocket with the clip out. If you are comfortable drawing the weapon with your left hand, this is a good configuration. If this type of canister were kept in the right pocket, it would be backwards when it is pulled out. Another good location may be a loose outer pocket of a jacket. Belt holsters are available for some models. Although these are visible, the canister may be less recognizable to an attacker in a holster than it would be bare. The importance of accessibility can not be over stressed. How much warning might you have in a typical assault? How long does it take you to draw your weapon? Does the way you carry your canister allow you to draw it in time to hinder an assault? Keep in mind that most canisters are effective up to about a ten-foot range. You should have your pepper spray or tear gas with you whenever possible. Hopefully, you will never need it. But if you do, you are unlikely to know when, until the very moment you need to grab for it. Always remember that you assume all risk and liability for owning and using tear gas, including pepper spray. Even if you use it correctly, there is no guarantee that it will always be effective at hindering an attack, and there is always the possibility that it may be used against you instead. I hope this document has given you a better understanding of tear gas as a weapon for self-defense. Please be careful and safe!

Pepper Spray Laws and Restrictions:

FOR THE MOST CURRENT INFORMATION, please check with your State, County, Province and Federal authorities on possession of Defense (pepper) Sprays.

ALABAMA: Legal. Section 13A-7-27 involves the criminal use of a noxious substance. There does not appear to be any specific statute involving self-defense sprays.

ALASKA: Legal with restrictions. Section 11.81.900 (a)(18) 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.

ARIZONA: Legal. Section 13-3101.7 excludes from the definition of “prohibited weapon” “…any propellant (or) propellant actuated devices… which are manufactured, imported or distributed for their intended purposes…”. There is nothing that appears to regulate or prohibit the lawful use of self-defense sprays of any kind.

ARKANSAS: Legal with restrictions. 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)”. Although it hardly seems necessary, there is also a specific prohibition against using and spray against the law enforcement officer. There is nothing, therefore, that appears to prohibit the lawful use of self-defense sprays as the size limitation is much larger than Mace or other brands of defense sprays.

CALIFORNIA: Legal with restrictions. Subject to certain restrictions, Section 12403.7 of the Penal Code provides “…any person may purchase, possess or use tear gas and tear gas weapons for the projection or release of tear gas if the tear gas and tear gas weapons are used solely for self-defense purposes…”. The definition of tear gas also includes pepper spray. The restrictions include a prohibition against selling such a unit to a minor, and a provision limiting the size to 2.5 ounces by weight. The misuse of tear gas in California comes with state penalties of up to a $1000 fine and/or up to three years in prison, not to mention a possible felony conviction on record. Some examples of misuse include; using tear gas on people in anger, spraying it as a joke, possession of tear gas by prohibited persons; minors, drug addicts or persons convicted of felonies. To be legally purchased, possessed or used in California, any canister must have a label that says "WARNING: The use of this substance or device for any purpose other than self-defense is a crime under the law. The contents are dangerous--use with care." The maximum legal net weight for a canister is 2.5 ounces, or 70 grams of OC, CS or CN. CR is not legal for civilian use.

COLORADO: Legal.

CONNECTICUT: Legal.

DELAWARE: Legal with restrictions. Title 11, Section 222 (7) defines “disabling chemical spray” as including self-defense sprays. However, the only prohibitions concerning such sprays appear to be restricting their possession by minors, and increasing the penalty for criminal use of the sprays, i.e., use of a spray while committing another criminal offense.

DISTRICT OF COLUMBIA: Legal with restrictions. Self-defense sprays are lawful if used or possessed by a person 18 or over “in the exercise of reasonable force in defense of the person or the person’s property only if it is propelled from an aerosol container, labeled with or accompanied by clearly written instructions as to its use, and dated to indicate its anticipated useful life.” Section 6-2322 et seq. When purchasing such a spray, the buyer must complete a standard registration form, and the vendor must forward the form to the Metropolitan Police Department. Section 6-2324.

FLORIDA: Legal. Self-defense chemical sprays” are legal. They are defined as “a device carried solely for purposes of lawful self-defense that is compact in size, designed to be carried on or about the person, and contains not more than two ounces of chemical”. Section 790.001. Although it may seem redundant, there is an express prohibition against using chemical sprays against a law enforcement officer. Section 790.054.

GEORGIA: Legal.

HAWAII: Legal with restrictions. Only OC products are legal for use by or sale to persons 18 and over. There is a ½ ounce size restriction and there are licensing requirements.

IDAHO: Legal.

ILLINOIS: Legal with restrictions. The use of a product “…containing a non-lethal noxious liquid gas or substance designed solely for personal defense carried by a person 18 years of age or older” is authorized by Section 720 ILCS 5/24-1.

INDIANA: Legal.

IOWA: Legal.

KANSAS: Legal.

KENTUCKY: Legal.

LOUISIANA: Legal.

MAINE: Legal. The criminal use of chemical mace or a similar substance is a violation of the law. 17 M.R.S. Section 1002. However, the use of such a substance in defending one’s person or property is authorized. Id.

MARYLAND: Legal. Section 36 of the Criminal Code allows any person to carry “pepper mace” as “a reasonable precaution against apprehended danger”. There appears to be no provision regarding any other self-defense sprays.

MASSACHUSETTS: Legal with restrictions. Massachusetts defines ammunition as including “tear gas cartridges, chemical mace, or any other device or instrument which contains or emits a liquid, gas, powder or other substance designed to incapacitate”. To sell or possess “ammunition”, a license is required. Therefore, the unlicensed sale, or the unlicensed use of self-defense sprays is illegal in Massachusetts. Massachusetts residents may only purchase defense sprays from licensed Firearms Dealers in that state. Massachusetts General Laws, Chapter 140, Section 121, et seq. The licensing authority is the local chief of police or other persons authorized by the locality.

MICHIGAN: Legal with restrictions. Michigan law contains size restrictions (no more than 35 grams of CS [CS is the only tear gas accepted] or no more than 2% OC [different companies can sell different concentrations]), and no combinations of CS and OC. There is a prohibition on sales to minors. Section 750.224d.

MINNESOTA: Legal. The use of a self-defense spray is permitted “…in the exercise of reasonable force and defense of the person or the person’s property only if it is propelled from an aerosol container, labeled with or accompanied by clearly written instructions as to its use, and dated to indicate its anticipated useful life.

“Section 624.731 also contains other provisions relating to use and possession including giving municipalities the power, if they so elect, to license the retail sellers of self-defense sprays.

MISSISSIPPI: Legal.

MISSOURI: Legal. It is permissible to use or possess a device that ejects a “temporary incapacitating substance”. Section 571.010 (8).

MONTANA: Legal.

NEBRASKA: Legal.

NEVADA: Legal with restrictions. Nevada law prohibits possession of tear gas weapons, except for CS by adult (no minors or felons) with no more than 2 fluid ounces in the form of an aerosol spray “which is designed and intended for use as an instrument of self-defense”.

NEW HAMPSHIRE: Legal.

NEW MEXICO: Legal.

NEW JERSEY: Legal with restrictions. Any non-felon 18 or over may possess for the purpose of self-defense “one pocket-sized device which contains and releases not more than three-quarters of an ounce of chemical substance not ordinarily capable of lethal use or of inflicting serious bodily injury, but rather is intended to produce temporary physical discomfort or disability through being vaporized or otherwise dispensed in the air”. Section 2C:39-6i.

NEW YORK: Legal with restrictions. The possession of “self-defense sprays” by persons who are not felons or who have been convicted of an assault, 18 or over for the protection of person or property and its otherwise lawful use is legal. “Self-defense spray is defined as “a pocket sized spray device which contains and releases a chemical or organic substance which is intended to produce temporary physical discomfort or disability through being vaporized or otherwise dispensed in the air or any like device containing tear gas, pepper spray or similar disabling agent”. There are certain labeling requirements. Sales require both a seller’s license and the completion by a purchaser of a registration form. New York residents may only purchase defense sprays from licensed Firearms Dealers or licensed Pharmacists in that state. No more than two sprays may be sold at any one time to a single purchaser. Section 265.25 (14) and (15).

NORTH CAROLINA: Legal with restrictions. Possession and use of self-defense sprays is lawful for non felons so long as the device does not exceed 150 cubic centimeters (150cc). Section 14-401.6.

NORTH DAKOTA: Legal.

OHIO: Legal.

OKLAHOMA: Legal.

OREGON: Legal.

PENNSYLVANIA: Legal. “Chemical mace” is specifically excluded from the definition of weapons. There appears to be no regulation or restriction on the lawful use of self-defense sprays.

RHODE ISLAND: Legal w/restrictions. “Any person eighteen (18) years of age or over may carry on his or her person and use, unless otherwise prohibited by law, any non-lethal noxious substance or liquid for his protection or the protection of others”. Section 11-47-57.

SOUTH CAROLINA: Legal w/restrictions. It is lawful to possess a container not exceeding fifty cubic centimeters (50cc) containing tear gas “for self-defense purposes only”. Section 16-23-470.

SOUTH DAKOTA: Legal.

TENNESSEE: Legal.

TEXAS: Legal. It is permissible to possess a “small chemical dispenser sold commercially for personal protection”. 10 Texas Penal Code Section 46.01 (14).

UTAH: Legal.

VERMONT: Legal.

VIRGINIA: Legal.

WASHINGTON STATE: Legal with restrictions. Section 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.

WEST VIRGINIA: Legal.

WISCONSIN: Legal with restrictions. Tear gas, UV Dye or combination sprays are not permissible. A “device or container that contains a combination of oleoresin of capsicum and inert ingredients” is permissible. By regulation, OC products with a maximum OC concentration of 10% and weight range of oleoresin of capsicum and inert ingredients of 15-60 grams is authorized. Further, the product can not be camouflaged, and must have a safety feature designed to prevent accidental discharge. In addition there are certain labeling requirements. Wisconsin Statutes Section 941.26 and Justice Regulations 14.01 et seq.

WYOMING: Legal.

 




 



Before ordering, please check with all your local and state laws, as our information may not be current due to changes with local and state codes.  It is the responsibility of the buyer and not Eagle Security Products to ascertain and obey all applicable laws in regard to the possession and use of our products. Absolutely NO sales to minors. By placing an order, the buyer represents that all products purchased will be used lawfully and that he/she is of legal age.

Wellington, CO
970-218-2974
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