California Pepper Spray Laws and Legal Use (2024)

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California Pepper Spray Laws and Legal Use (1)

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Video Explanation of CA State Laws

In Plain English:
California state laws for pepper spray & self defense products

The Basics:

  • Pepper spray is LEGAL to buy, use, carry and ship to California (*with below restrictions).
  • Pepper spray canisters must be less than 2.5 oz.
  • User must be at least 18 years of age
  • User cannot be addicted to narcotic substances
  • User cannot have a convicted felony on record
  • Must beused only for self defense.

CA state governments and law makers understand that pepper spray can be a handy self defense product for protecting your personal safety. Not only can defense sprays give you protection against a human attacker, but most vicious dogs, bears, mountain lions and other wild animals can be temporarily disabled by a single shot of pepper spray. California is a vast state with both high-population metropolitan areas, like San Francisco and Los Angeles, and more remote outdoor locations where you may encounter a wild animal. In either case, a pepper spray device can be a necessary asset of survival and personal security.

However, the state of California does have a few rules and regulations regarding the use of pepper spray. It is absolutely legal to carry pepper spray and use it to protect your personal safety without having any special state or federal permits. CA laws do regulate the size and/or weight of the defense spray products you can carry and buy. The legal container size must be equal to or below 2.5 ounces of active product. There are many pepper spray items and models that comply with this state set standard.

The pepper spray carried, shipped, sold or used in California should also be labeled with a warning stating that the product is only intended for self-defense. In general, most state laws (California included) enforce that pepper spray should only be used in self defense situations where you fear your life or safety is in danger. Illegal use of pepper spray products (perhaps dispensing them out of anger or as non self defense violence against another person) can bring fines of $1000 and up and/or three years in prison.

In Legal Jargon:
What the official California state law says

Penal Code 12401. ""Tear gas" as used in this chapter shall apply to and include all liquid, gaseous or solid substances intended to produce temporary physical discomfort or permanent injury through being vaporized or otherwise dispersed in the air...."

"Penal Code Title 2: Control of Deadly Weapons Chapter 4: Tear Gas Weapons Article 1: General Provisions Section 12403.7

Notwithstanding any other law, 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, subject to the following requirements:

(a) No person convicted of a felony or any crime involving an assault under the laws of the United States, the State of California, or any other state, government, or country or convicted of misuse of tear gas under subdivision (g) shall purchase, possess, or use tear gas or tear gas weapons.

(b) No person who is addicted to any narcotic drug shall purchase, possess, or use tear gas or tear gas weapons.

(c) No person shall sell or furnish any tear gas or tear gas weapon to a minor.

(d) No person who is a minor shall purchase, possess, or use tear gas or tear gas weapons.

(e) (1) No person shall purchase, possess, or use any tear gas weapon that expels a projectile, or that expels the tear gas by any method other than an aerosol spray, or that contains more than 2.5 ounces net weight of aerosol spray."

California Pepper Spray Laws and Legal Use (2024)

FAQs

How many oz of pepper spray is legal in California? ›

California: No person shall purchase, possess, or use any pepper spray that contains more than 2.5 ounces (70.875 grams) net weight of aerosol spray.

Can you legally carry around pepper spray? ›

Is It Legal To Carry? In all 50 states and Washington D.C., it is legal to use pepper spray for self-defense purposes. However, some states only allow the use and carry of pepper spray under certain circ*mstances.

Is pepper spray considered tear gas under California law? ›

Although 22810 makes no reference to “Pepper Spray,” California Courts have, for over 50+ years, interpreted “Pepper Spray” to constitute “a Tear Gas Weapon”.

Do you need training to carry pepper spray in California? ›

While there is no license or training required in California to carry pepper spray, most municipalities seek to lessen their liability by providing training for their employees.

Can you go to jail for pepper spraying someone in California? ›

It is criminal to use pepper spray out of anger and/or as not in self-defense against another person. It may result in fines and/or up three years in state prison. Penal Code § 22810(g).

What is mace vs pepper spray? ›

The Basics - Mace and pepper spray are two DIFFERENT self defense products: Traditional chemical mace (CN) is classified as an irritant and is similar to tear gas. Pepper spray is classified as an inflammatory agent and will immediately incapacitate an assailant.

What can I carry instead of pepper spray? ›

Hair Spray

But, it will also double as a self-defense mechanism. All you need to do is use your hairspray like pepper spray. Spray your attacker in the eyes and run.

What self-defense weapons are legal in California? ›

Five legal self-defense weapons in California are:
  • pepper spray,
  • stun guns or tasers,
  • certain knives (such as a pocketknife or non-switchblade folding knife),
  • personal alarms, and.
  • certain guns (such as handguns or shotguns).
Apr 25, 2022

Will TSA confiscate pepper spray? ›

(118 ml) container of mace or pepper spray is permitted in checked baggage provided it is equipped with a safety mechanism to prevent accidental discharge. Self-defense sprays containing more than 2 percent by mass of tear gas (CS or CN) are prohibited in checked baggage.

What is CA Penal Code for pepper spray? ›

California Penal Code § 22810 PC makes it a crime to buy, possess, or use tear gas other than for lawful self-defense. Prosecutors can charge this offense as a misdemeanor or felony. A conviction is punishable by up to three years in jail or prison.

What is tear gas vs pepper spray? ›

Pepper Spray. The two biggest differences between tear gas spray and pepper spray are their chemical makeup and delivery methods. Pepper spray (sometimes referred to as “OC spray“) is a combination of natural chemicals, whereas tear gas (also called “CS gas“) comes from man-made compounds.

Can I carry a Taser in California? ›

California Penal Code 22610 PC states in part: “anyone may purchase, possess, or use a stun gun, subject to the following requirements: (a) Nobody convicted of a felony or any crime involving an assault, or convicted of misuse of a stun gun under Section 244.5, shall purchase, possess, or use any stun gun.

Do you have to declare pepper spray? ›

Pepper spray is legal to carry in every state as long as it is for self-defense purposes only and the carrier is above the age of 18, however, some restrictions may apply depending on the state in question. For an example: In Florida, a pepper spray canister cannot be greater than 2 ounces.

Can a unarmed security guard carry pepper spray? ›

Unarmed security guards do not carry firearms. They may carry other types of non-lethal weapons for protection, such as a baton or pepper spray.

Does pepper spray expire? ›

Pepper sprays generally have a shelf life of two to five years. However, this can vary depending on the specific brand and the type of spray. It is important to note that the strength of the pepper spray may decrease over time.

Can you pepper spray someone trying to steal from you? ›

The Use of Pepper Spray

Using pepper spray while shoplifting to help you escape can result in additional charges such as assault or reckless endangerment. About the Author: Denver-based criminal defense and DUI attorney Jacob E.

Are tactical pens legal in California? ›

Although laws can change, it is legal to carry your tactical pen in the streets in most States (NYC, California, etc.) However, if your pen has a concealed blade, it may well be illegal in your State. A tactical pen with a clip can attach to your belt, your pant's pockets, or your shirt's pocket with style.

Is bear spray stronger than pepper spray? ›

Bear spray is stronger than pepper spray and should only be used against charging bears. The oleoresin capsaicin concentration is typically higher in bear spray.

What is the best self-defense for a woman? ›

Best Self Defense for Women
  • Pepper spray is one of the most popular self-defense tools for women. ...
  • A tactical pen knife is another great option for self-defense. ...
  • A mini-stun gun is another great self-defense tool for women. ...
  • Keychain pepper spray is another popular self-defense option.

How often does pepper spray backfire? ›

MYTH: When deployed, pepper spray and pepper gel can easily backfire and spray users, leaving users vulnerable. FACT: The odds of deploying pepper spray or pepper gel and having it backfire are minimal.

Is a taser or pepper spray better? ›

Pepper spray affects the attacker for around 30 minutes or so. By comparison, being hit with a taser can incapacitate an attacker for 5 to 60 minutes. However, pepper spray has a longer range and, because of this, requires more accurate discharge.

Will pepper spray stop an attacker? ›

Does pepper spray stop an attacker? Pepper or OC spray is considered a less-lethal personal safety tool that doesn't cause any lasting harm. But while pepper spray won't necessarily stop an attack, it can create an opportunity for you to escape.

What happens if you spray a human with bear mace? ›

A person contaminated with bear spray will experience the mucous membranes of the eyes, nose and lungs to swell and be irritated. The eyes will involuntarily close and tear, the nose will run profusely coughing will result.

Is pepper spray a weapon in California? ›

Is Pepper Spray Legal in California? Paradoxically, the use of pepper spray is illegal in war, because it is considered chemical warfare according to international statutes governing weapons of war. But it is legal when used by law enforcement or by a private individual in self-defense situations.

What should I carry for protection while walking? ›

Carry a self-defense product, such as pepper spray or a stun gun. And, know how to use it. These non-lethal, inexpensive and small products can allow you to deter an attacker long enough for you to get away, by using just one quick and painful spray to their face.

Can I carry a pocket knife in California for self-defense? ›

This includes a “pocketknife” or “Swiss army knife,” box cutter, or “utility knife.” According to California Penal Code Section 17235, all folding knives are legal in the state and may be concealed as long as they are in the folded position. There is also no restriction on the blade length of a folding knife.

Can airport scanners detect pepper spray? ›

Just as how airport scanners can detect drugs, they can easily detect mace and pepper spray as well. You must pack any mace you bring on your trip in your checked luggage (to be stowed in the cargo hold). The compartment is sealed from the cabin so that if there's an accidental discharge, it won't end up causing harm.

Who is legally allowed to incapacitant spray? ›

1 Use of the spray is one of a number of tactical options available to an officer who is faced with violence or the threat of violence. Its use must be lawful in all the circ*mstances. The decision to use the spray is an individual one for which the officer will be accountable.

How old do you have to be to carry pepper spray in California? ›

A sixteen is allowed to both purchase and carry pepper spray but only when they're in the presence of a legal guardian.

What is the strongest pepper spray you can buy? ›

FREQUENTLY BOUGHT WITH:

The Fox Labs Pepper Spray produces 5.3 Million SHU (Scoville Heat Units), making it the world's hottest and strongest pepper spray.

How badly does pepper spray hurt? ›

Pepper spray causes irritation of the eyes, skin, and mucus membranes. Eye exposures can result in pain, redness, watery eyes, difficulty opening the eyes, and sensitivity to light. Skin exposures can cause pain, redness, swelling, and itching.

Does water reactivate pepper spray? ›

You: Get in the shower using cold water and get your head as low as possible when you enter the water. The water will most reactivate the pepper spray and it will run down your body from your head if you skip this step. With just your finger tips work your hair thoroughly, then shampoo.

Can I carry a knife in California? ›

A: In California, you can legally purchase, own, transport, and carry any knife that is not restricted under the law. California's open carry law states that the hilt or handle of a knife can't be hidden or concealed. This includes if the hilt is hidden underneath clothing or in the blade's sheath.

Can I carry a non lethal gun in California? ›

You may carry either openly or concealed. Irritant powder shotgun shells are prohibited, but baton/bean bag shells are not. A less lethal weapon (defined by 16780) cannot be sold to anyone under 18 (19405), except a stun gun may be purchased by some 16 or older with written parental permission.

Are brass knuckles legal in California? ›

Brass knuckles are prohibited in California under the state's statute on generally prohibited weapons. This statute can be found in the California Penal Code 16590 PC.

Is pepper spray a self Defence weapon? ›

Pepper spray is widely used in the US, and is marketed as an effective self-defense device.

How do I get a guard card in California? ›

You can apply for your guard card, either on-line at the Bureau's website at http://www.bsis.ca.gov/, or by postal mail. Once you receive your guard card, you are required to compete an additional 32 hours of education.

Does a security officer need a license in California to carry OC or tear gas and if so what license? ›

If your job as a security professional requires you to carry Tear Gas, then as per the California penal code, you need to receive the appropriate training and be licensed to legally carry this chemical weapon on the job.

Will pepper spray stop a dog? ›

As many employees of the U.S. Postal Service know, pepper spray is one of the most effective weapons to deter dog attacks. Inexpensive, compact and effective, it can repel aggressive canines without causing any lasting or long-term damage to them.

Is it OK to leave pepper spray in the car? ›

If you leave the pepper spray in your car during the summer or in other extremely warm climates, there is a good chance the seals of the can might leak. In extreme heat, pepper spray canisters can even explode.

What spray do police use? ›

PAVA spray is an incapacitant spray similar to pepper spray. It is dispensed from a handheld canister, in a liquid stream. It contains a 0.3% solution of pelargonic acid vanillylamide (PAVA), also called nonivamide, a synthetic capsaicinoid (analogue of capsaicin), in a solvent of aqueous ethanol.

How many ounces is 15 grams of pepper spray? ›

A 0.54 oz. (15 gram) canister is the most popular size carried among civilians.

How many ounces is a pepper spray keychain? ›

The most popular SABRE style, this Pepper Spray Keychain with Quick Release, is a small, but powerful 0.54 oz container which deploys a ballistic stream to reduce wind blow back.

What is the strongest pepper spray allowed by law? ›

Fox Labs® Five Point Three® Police Pepper Spray 1.5 oz. Stream
  • 5.3 million SHU (Scoville Heat Units) police strength; World's Hottest Pepper Spray.
  • Used by police, law enforcement, security guards, & military agencies worldwide.
  • 1.5 oz can fires a stream pattern 17-20 feet and contains 18 half-second bursts.

What is the PC for pepper spraying someone? ›

California Penal Code § 22810 PC makes it a crime to buy, possess, or use tear gas other than for lawful self-defense. Prosecutors can charge this offense as a misdemeanor or felony. A conviction is punishable by up to three years in jail or prison.

What size pepper spray is best? ›

One to two-ounce canisters is the most commonly recommended size. They can spray for about 30 seconds and usually have a range of around 15 feet. Anything larger is not practical for personal carry but could be a good option for defense in the home.

Does pepper spray actually expire? ›

Expiration Dates of Pepper Spray

The reason these dates are on the product is not because the main ingredient (OC) will degrade over time, but because the canister itself may not be able to spray as effectively over time. In fact, after a while it may not be able to spray at all.

How far does pepper spray shoot? ›

The effects of pepper spray may vary from person to person, but will last between 15 and 45 minutes. Pepper spray typically has a range of about 10 feet, allowing the user to spray an attacker from a distance. Know the range of your individual pepper spray, as pepper spray products differ.

What percent is the strongest pepper spray? ›

SABRE Red Pepper Spray

It has a 1.33% major capsaicinoids concentration — the highest available for civilian sprays.

Which is better bear spray or pepper spray? ›

Bear spray is stronger than pepper spray and should only be used against charging bears. The oleoresin capsaicin concentration is typically higher in bear spray.

How much does pepper spray sell for? ›

Compare the best pepper sprays for self defense
ProductBest forPrice
Sabre Red Pepper GelBest overall$19.99
Sabre Red Pepper Gel for RunnersBest for runners$12.99
Sabre 3-in-1 Pepper SprayBudget pick$14.99
Fox Labs Mean GreenBest marking dye$19.57
1 more row

When Should pepper spray be used by police? ›

Pepper spray is often used by law enforcement in cases where a suspect is allegedly resisting arrest (California Penal Code 148(a)(1)).

What can I use instead of pepper spray? ›

Wasp and hornet spray, carburetor cleaner, or brake cleaner would do the trick. Teach your teen not to spray themselves with it. Unless the “repellant" is very close at hand though any defence spray is ineffective. Being aware of your self and surroundings is still number one!

Does vegetable oil help pepper spray? ›

Skin: Pepper spray - Remove clothing and place in a plastic bag. Apply vegetable or cooking oil to the skin. Leave it on area for 5 or 10 minutes then wash off with soap and water. Can repeat this several times if needed.

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