STUN GUN LAWS/ REQUIREMENTS
| State | Laws / Permit Requirements | Penalties-At-A-Glance |
| Alabama | Legal without major restrictions | Under Alabama law, a stun device is not considered a firearm. Rather, Alabama defines a firearm as a weapon that uses gunpowder to discharge a shot. While stun devices do not fall within the definition of a firearm, the use of a stun device may still result in criminal liability. |
| Alaska | Legal without major restrictions | Alaska criminal law directly addresses the use of stun devices, which, when used during the commission of a crime, can result in being charged with a felony that carries a possible prison sentence. |
| Arizona | Legal without major restrictions | The use of an authorized remote stun device or remote stun device during the commission of a crime is among the 24 aggravating factors identified by statute that may authorize the judge to impose the maximum prison term allowed by law for defendants convicted of felonies. |
| Arkansas | Legal without major restrictions | A person who uses a stun device to commit certain felonies is subject to an additional prison term of one to ten years if the crime is committed in front of a child. |
| California | Legal without major restrictions | In California, most people may purchase, posses, or use a stun device, and they do not have to obtain a permit. However, you may not purchase, possess, or use a stun device if you are a convicted felon, someone convicted of an assault under federal or any state’s laws or the laws of any country, or have a prior conviction for misusing a stun device under Cal. Pen. Code §244.5, or addicted to any narcotic drug. |
| Colorado | Legal without major restrictions | It is a class 5 felony to use a stun device in the commission of a crime. Penalties include a fine up to $100,000. |
| Connecticut | Illegal to carry a stun device in public (openly or concealed) without a permit | It is a felony to possess a stun device in public without a license. Penalties include a fine of up to $500, up to three years in prison, or both. The stun device will also be forfeited. |
| Delaware | Legal without major restrictions (some cities have banned possession) | It is a Class A misdemeanor to carry a concealed stun device for an unlawful purpose. Penalties include a fine of up to $2,300, up to one year in jail, or both. |
| D.C. | Illegal to possess, carry, transfer, loan, manufacture, or sell a stun device | It is a misdemeanor to possess, carry, or sell a stun device. Penalties include a fine of up to $2,500, up to one year in jail, or both. |
| Florida | Legal without major restrictions | It is illegal to carry a stun device for purposes other than self-defense (with greater penalties for concealed carry than for open carry). |
| Georgia | Legal without major restrictions | It is a felony for a convicted felon to possess or own a projectile stun device; penalties include one year (and up to five years) in prison. |
| Hawaii | Illegal to possess, sell, or carry a stun device | It is a misdemeanor to purchase, possess, or use a stun device in Hawaii. Penalties include a fine of up to $2,000, up to one year in jail, or both. |
| Idaho | Legal without major restrictions | It is a misdemeanor for convicted felons to possess or use a stun device. Penalties include a fine of up to $1,000, up to six months in jail, or both. |
| Illinois | Legal but most obtain a Firearm Owner’s Identification card | Unlawfully carrying a stun device is a class A misdemeanor. Penalties include a fine of up to $2,500, up to one year in jail, or both. |
| Indiana | Legal but most obtain a handgun license | It is a Class B misdemeanor to sell or furnish a stun device to a person who is less than eighteen years of age. Penalties include a fine of up to $1,000, up to 180 days in jail, or both. |
| Iowa | Legal without major restrictions | It is illegal to carry a concealed stun device without a concealed weapons permit unless you are located on your own property. |
| Kansas | Legal without major restrictions | Generally, Kansas does not prohibit the possession of stun devices in public areas like courts and school grounds. |
| Kentucky | Legal without major restrictions | It is illegal to carry a concealed stun device if it is intended to be used as a deadly weapon, unless you are on your own property or property owned by your family |
| Louisiana | Legal without major restrictions (but local law may be more restrictive) | It is a misdemeanor to possess a concealed stun device if it is intended to be used as a dangerous weapon. Penalties include a fine of up to $500, up to 6 months in jail, or both. But local law may differ: New Orleans Code of Ordinances section 54-339 makes it illegal to sell, manufacture, purchase, possess, or carry a stun device. |
| Maine | Legal without major restrictions | It is a Class D crime (misdemeanor) to use an electronic weapon upon any other person for reasons other than self-defense. Penalties include a fine of up to $2,000, up to 364 days in county jail, or both. |
| Maryland | Legal without major restrictions | It is illegal to carry a concealed stun device for purposes other than self-defense. It is also illegal to carry a stun device (openly or concealed) with the intent to unlawfully injure another individual. |
| Massachusetts | Illegal to purchase, possess, or sell | It is a misdemeanor to purchase, possess, sell, or use a stun device in Massachusetts. Penalties include a fine of $500 to $1,000, between six and 30 months in jail, or both. |
| Michigan | Legal but a concealed pistol permit is required | It is a felony to sell or possess a stun device. Penalties include a fine of up to $2,000, up to four years in prison, or both. |
| Minnesota | Legal without major restrictions | It is a felony to use a stun device in the commission of a crime. Penalties include a fine of up to $10,000, up to five years in prison, or both. |
| Mississippi | Legal but must obtain a concealed carry license to carry outside | It is a misdemeanor to carry a concealed stun device for use as a deadly weapon. Penalties include a fine of up to $500, up to six months in jail, or both. |
| Missouri | Legal without major restrictions | It is a Class D felony to carry a concealed stun device if it is intended to be used as an offensive, lethal weapon. Penalties include a fine of up to $5,000, up to four years in prison, or both. |
| Montana | Legal without major restrictions | It is a misdemeanor to carry a concealed stun device if it is intended to be used as an offensive, deadly weapon. Penalties include a fine of up to $500, up to six months in jail, or both. |
| Nebraska | Legal without major restrictions | It is a Class I misdemeanor to carry a concealed stun device if it is intended to be used as a deadly weapon. Penalties include a fine of up to $1,000, up to one year in jail, or both. |
| Nevada | Legal without major restrictions | It is a Category B felony to use a stun device on another person for purposes other than self-defense. Penalties include a fine of up to $5,000, one year (and up to six years) in prison, or both. |
| New Hampshire | Legal without major restrictions | It is a Class B felony to possess a stun device outside of your residence if you are a convicted felon. Penalties include a fine of up to $4,000, one year (and up to seven years) in prison, or both. |
| New Jersey | It is a crime of the fourth degree to possess or carry a stun device | Penalties include a fine of up to $10,000, up to 18 months in prison, or both. |
| New Mexico | Legal without major restrictions | It is a petty misdemeanor to possess a concealed stun device if it is intended to be used as a deadly weapon. Penalties include a fine of up to $500, up to six months in jail, or both. |
| New York | Illegal to purchase, possess, or sell | It is a Class A misdemeanor to possess an electronic dart gun or electronic stun device. Penalties include a fine of up to $1,000, up to one year in jail, or both. |
| North Carolina | Legal without major restrictions | It is a Class 2 misdemeanor to carry a concealed stun device in public. Penalties include a fine of up to $1,000, up to 30 days in jail, or both. |
| North Dakota | Legal but a concealed weapons license is required | It is a Class B misdemeanor to carry a concealed taser at a public gathering |
| Ohio | Legal without major restrictions | It is a first-degree misdemeanor to carry a concealed stun device in public if the intent is to use the stun device as a deadly weapon. Penalties include a fine of up to $1,000, up to six months in jail, or both. |
| Oklahoma | Legal without major restrictions | It is a felony to possess a stun device while committing or attempting to commit another felony. Penalties include two years (and up to 10 years) in prison. Subsequent violations carry increased penalties. |
| Oregon | Legal without major restrictions | It is a Class C felony to carry a stun device with the intent to use the stun device unlawfully against another person. Penalties include a fine of up to $125,000, up to five years in prison, or both. |
| Pennsylvania | Legal without major restrictions | It is a second degree felony to purchase, possess, or use a stun device if you are a convicted felon. Penalties include a fine of at least $5,000 (and up to $25,000), up to ten years in prison, or both. |
| Rhode Island | It is illegal to possess or use a stun device | Penalties include the confiscation of the stun device and a fine of up to $1,000, up to one year in jail, or both. |
| South Carolina | Legal without major restrictions | It is illegal to carry a concealed stun device if the intended use involves committing a crime. Penalties include a fine of $200 (and up to $500) or 30 days (and up to 90 days) in jail. |
| South Dakota | Legal without major restrictions | Anyone who uses a stun device to cause, or attempt to cause, bodily injury to another commits a Class 3 felony, punishable by a fine of up to $30,000, up to 15 years in prison, or both. |
| Tennessee | Legal without major restrictions | It is a Class E felony to carry a stun device if it is intended to be used as a deadly weapon during the commission of a crime. Penalties include a fine of up to $3,000, one year (and up to six years) in prison, or both. |
| Texas | Legal without major restrictions | It is illegal to carry a stun device in Texas for purposes other than self-defense. It is also a crime to attempt to take a stun device (or other weapon) from a peace officer or other law enforcement agent. |
| Utah | Legal without major restrictions | It is a Class B misdemeanor to possess a concealed stun device if it is intended to be used as a dangerous weapon. Penalties include a fine of up to $1,000, up to six months in jail, or both. |
| Vermont | Legal without major restrictions | Anyone who carries a stun device with the intent to injure another person commits a crime, punishable by a fine of up to $200, up to two years in prison, or both. |
| Virginia | Legal without major restrictions | It is a Class 6 felony for convicted felons and people who were convicted of certain crimes as minors to carry or use a stun device in public. Penalties include either a fine of up to $2,500, up to one year in jail, or both |
| Washington | Legal without major restrictions | Anyone who, by an act of criminal negligence, causes bodily harm to another person through the use of an electronic shock device or projectile stun device commits a Class C felony, punishable by a fine of up to $10,000, up to five years in prison, or both. |
| West Virginia | Legal without major restrictions | It is a misdemeanor to possess a concealed stun device if it is intended to be used as a deadly weapon. Penalties include a fine of $100 (and up to $1,000), up to 12 months in jail, or both. |
| Wisconsin | Legal but a concealed weapons permit is required | It is a Class H felony to carry, sell, transport, manufacture, or possesses a stun device. Penalties include a fine of up to $10,000, up to six years in prison, or both. |
| Wyoming | Legal without major restrictions | It is a felony to possess, manufacture, transport, repair, or sell a stun device with the intent to threaten another, commit assault, or inflict bodily injury on another. Penalties include a fine of up to $1,000, up to five years in prison, or both. |
Current as of 11-09-15
PEPPER SPRAY LAWS/ REQUIREMENTS
| ALABAMA | law only involves the criminal use of a noxious substance. |
| ALASKA | Legal with restrictions. 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. There is nothing that appears to regulate or prohibit the lawful use. |
| ARKANSAS | Legal with restrictions. It is legal to possess a small container but the capacity shall not exceed (150cc)” (including 4 oz canister not 1 lb) There is also a specific prohibition against using and spray against the law enforcement officer. |
| CALIFORNIA | Legal with restrictions. …any person may purchase, possess or use. The restrictions include selling to a minor, and a provision limiting the size to 2.5 ounces by weight. The misuse 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; spraying on people in anger, as a joke, possession of 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. Defines “disabling chemical spray” However, the only prohibitions are restricting their possession by minors, and increasing the penalty for criminal use of the sprays. |
| DISTRICT OF COLUMBIA | Legal with restrictions. 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.” The buyer must complete a registration form, and the vendor must forward the form to the Metropolitan Police Department. |
| FLORIDA | 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”. It is an expressly prohibited to use Pepper Spray against a law enforcement officer. |
| GEORGIA | Legal. |
| HAWAII | Legal with restrictions. Only OC products are legal for use by or sale to persons 18 and over. There is a 1⁄2 ounce size restriction and there are licensing requirements. |
| IDAHO | Legal. |
| ILLINOIS | Legal with restrictions. The use of Pepper Spray is legal for carrying by a person 18 years of age or older. In the City of Chicago it is illegal. |
| 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. The use of such a substance in defending one’s person or property is authorized. |
| MARYLAND | Legal. Allows any person to carry as a reasonable precaution against danger. |
| MASSACHUSETTS | Legal with restrictions. A license is required. Therefore, the unlicensed sale is illegal in Massachusetts. Massachusetts residents may only purchased from licensed Firearms Dealers in that state. The licensing authority is the local chief of police or other persons authorized by the locality. If you live in or plan on visiting Massachusetts and you want to carry pepper spray legally, their pepper spray law says you must get a FID (Firearms Identification Card). All you do is go to your local Massachusetts police station, show two forms of ID, fill out a form, pay $2, and wait a week. When you get your FID, keep it on your person (and of course, to make the FID useful, keep your pepper spray on your person as well). |
| MICHIGAN | Legal with restrictions. Michigan law contains size restrictions (no more than 35 grams of CS 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. |
| MINNESOTA | Legal. The use of a is permitted “…in the exercise of reasonable force 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. The law here gives the right of localities to decide of its legality. |
| MISSISSIPPI | Legal. |
| MISSOURI | Legal. It allows the use or possession of a device that ejects a “temporary incapacitating substance”. |
| MONTANA | Legal. |
| NEBRASKA | Legal. |
| NEVADA | Legal with restrictions. Nevada law prohibits possession by minors or felons. For use by adults with no more than 2 fluid ounces in the form of an aerosol spray designed for your protection. | NEW HAMPSHIRE | Legal. |
| NEW MEXICO | Legal. |
| NEW JERSEY | Legal with restrictions. Any non-felon 18 or over may possess for your protection “one pocket-sized device which contains and releases not more than three-quarters of an ounce of chemical substance not 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”. |
| NEW YORK | Legal with restrictions. The possession by persons who are not felons or who have not been convicted of an assault, 18 or over for the protection of person or property and its otherwise lawful use is legal. The definition is “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. 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 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. |
| NORTH CAROLINA | Legal with restrictions. Possession and use is lawful for non felons so long as the device does not exceed (150cc) |
| 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 their lawful use. |
| 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”. |
| SOUTH CAROLINA | Legal w/restrictions. It is lawful to possess a container not exceeding fifty cubic centimeters (50cc) |
| SOUTH DAKOTA | Legal. |
| TENNESSEE | Legal. |
| TEXAS | Legal. It is permissible to possess a “small chemical dispenser sold commercially for personal protection. |
| UTAH | Legal. |
| VERMONT | Legal. |
| VIRGINIA | Legal. |
| WASHINGTON STATE | Legal with restrictions. Authorizes the sale and use of Pepper Spray. 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. 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 be designed to prevent accidental discharge. In addition there are certain labeling requirements… |
| WYOMING | Legal. |
Current as of 11-09-15
Pepper Spray is LEGAL in all 50 states. However, possession and/or use may be regulated or prohibited by law in some jurisdictions. If there are any questions, check with your local police. Never use Pepper Spray unless you feel you are threatened or you need to protect someone else. Improper use could result in criminal action. You could be sued or in some states fined up to $1000 or imprisoned up to 3 years.
Pepper Spray cannot be carried on a commercial airline where it is accessible. This is a federal crime with a $25,000 fine.
After 9/11 there may be secured locations such as federal buildings, state buildings or any place you must pass through security where you cannot have pepper spray.
Keep Pepper Spray out of reach of children for their protection.
You can’t buy pepper spray by mail or through the internet from Hawaii, Indiana, Massachusetts, Michigan, New Jersey, New York, Pennsylvania, Rhode Island, and Wisconsin.