All You Need to Know About Pepper Spray Legality
Understanding Pepper Spray Legality in North Carolina
For the purposes of this article, we will define "pepper spray" as any aerosol can that is used to spray an active ingredient including capsicum or oleoresin capsicum. We won’t use "Mace," because that is actually a brand and there are various brands of pepper spray. We also won’t use "tear gas," as that is typically a non-oil solvent that is considered a controlled substance and illegal to possess.
In North Carolina pepper spray is legal as it is not considered a deadly weapon (aka it is not a deadly weapon per NC General Statute 14-269).
There are various range restrictions, however. Here are the basic NC laws that address the sale, use, and possession of pepper spray and other chemical restraints. These, and not any particular listing of pepper spray in the NC statues, are what need to be obeyed in order to possess pepper spray lawfully under North Carolina law.
- A person may not intentionally fire, shoot, or throw any tear gas, gas or liquid of any kind, or liquid containing a "dangerous or noxious substance," except in self-defense , in the defense of another person, or in the defense of one’s property, or when the conduct is otherwise privileged.
- It is a Class 3 misdemeanor to intentionally fire, shoot, or throw any tear gas, gas or liquid of any kind, or liquid containing a "dangerous or noxious substance."
- It is a Class A1 misdemeanor for a person, firm, or corporation to sell, deliver, distribute, or give away tear gas, gas or liquid of any kind, or liquid containing a "dangerous or noxious substance" to any person, firm, or corporation within the State.
- It is a Class 1 misdemeanor for a person, firm, or corporation, except for the State or a department, agency, or subdivision of the State, to possess, store, or transport tear gas, gas or liquid of any kind, or liquid containing a "dangerous or noxious substance" unless it is in the owner’s permanent home or permanent place of employment, on land owned or leased by the owner, in a vending machine operated by the owner, or in a vehicle owned by the owner and except for the purpose of delivery to a customer or for offering to sell to customers at a fair, exhibition, or show.
Who is Allowed to Use Pepper Spray?
Who can carry pepper spray in North Carolina? Eligible candidates must be 18 years or older. To qualify, an applicant must exemplify safe and responsible conduct, and be a law-abiding citizen not subject to a domestic restraining order or involved in an active domestic violence case. Courts sometimes issue permanent restraining orders against adults who have exhibited crimes of assault, kidnapping, domestic violence or illegal stalking against a person. A permanent restraining order prohibits an individual from being within a certain distance of another, and it could even restrict the defendant from carrying a firearm, knife or other potentially dangerous weapon. If a restraining order has been issued against the applicant, he or she is no longer eligible to possess or purchase pepper spray.
Where You Can Use Pepper Spray
In North Carolina, as in most other states, there are only a limited number of circumstances under which pepper spray can be lawfully used. These include scenarios where there is an immediate threat of physical harm from another person (self-defense), the use of pepper spray to protect another person from physical harm, and in defense of property from illegal entry. Importantly, even the use of pepper spray in these situations can only be justified if you have no other means of effectively defending yourself or your property and if the force you use against the other person or trespasser is reasonable and proportionate to the threat faced.
Using pepper spray as a tool for self-defense means that you are using it against another person to prevent them from causing you serious bodily injury. Buying and carrying pepper spray does not give you the right to threaten or assault others. Both forms of physical altercation can lead to charges that come with steep penalties, including jail time and hefty fines. Without a good attorney, the resulting criminal record would also be costly in relation to jobs, housing, and other opportunities. Further, using pepper spray to break up a neighborhood argument would likely be considered a criminal offense.
There is no location-based restriction on the areas of North Carolina where you can legally use pepper spray. Mistakenly, some people think that the pepper spray restrictions discussed above also apply to use of pepper spray, by some citizens, in any public place. A misunderstanding based on the fact that the term "defense" is included in both legal contexts. As with traditional weapons, like guns, knives, and swords, pepper spray can be carried legally, openly, in public places unless local ordinances prohibit such conduct.
Pepper Spray Purchasing Restrictions
Purchasers must be 18 and over: no verification of age is required. We do not sell to persons under 18. If in doubt, check the person’s ID. A parent or guardian may purchase pepper spray for a minor, provided he or she accompanies the minor.
Government issued photo ID must be shown at the time of sale – This does not need to be the potential purchaser’s ID. The ID can be presented by an adult 18 years of age or older , whether or not that adult is the purchaser, so long as the person to whom the pepper spray is being sold is at least 12 years of age, and the person presenting the photo ID and making the sale inspection is not the person to whom the pepper spray is being sold.
Are There Any Consequences if You Misuse Pepper Spray?
While pepper sprays, gels, and foams are relatively safe to use, they do still carry the potential to cause injury. For this reason, improper use can also lead to criminal charges and consequences in North Carolina. For example, if you are a business owner and an aggravated customer pepper sprays the door of your business, the neighbor complains, and police respond to your business, the courts could prosecute the customer under NCGS 14-34.4. However, if you request that the individual be charged, you could easily face a charge yourself under NCGS 14-34.5, for doing what the law deems to be improper use of the spray as self-defense. In either case, the customer will likely be found guilty of disorderly conduct, but any further charges against the business owner will depend on the facts of the situation.
Beyond disorderly conduct, other forms of misuse can lead to criminal prosecution. Under NCGS 15-38.10, it is a crime to willfully spray or dispense any pepper spray device in the immediate vicinity of a person with the intent to unlawfully cause them to involuntarily inhale or come in contact with the irritant gas. The violation is considered a Class 2 misdemeanor, a conviction for which can result in a fine of up to $1,000 and/or up to 60 days in jail.
Practical Tips for Using Pepper Spray
Pepper Spray Storage and Maintenance Recommendations
For an enhanced safety precaution, a properly stored canister will also protect the contents from adverse environmental effects. A propellant, whether compressed air or a flammable gas, can displace the concentrated capsaicin solution. If this happens, the concentrated solution will not be delivered evenly or in the correct type of dispersal pattern, and the user may be prevented from accomplishing even these simple tasks.
A properly maintained cansiter with liquid (non-compressed) propellant should retain its proper consistency and dispersal capabilities for at least 4-5 years, and even longer under unfavorable conditions. The manufacturer’s stated shelf life may be even shorter, and most states require that a canister be used or replaced within a certain time (usually three years). While nothing substitutes for a manufacturer’s recommendation, any pepper spray submitted for forensic analysis in North Carolina must be otherwise germane to the investigation to be admissible in court. This means that no court in the state of North Carolina will rule on the permissibility of introducing the item into evidence based on the manufacturer’s suggestion(s).
Unlike mace , which is irritating to the respiratory track, pepper spray attacks the eyes. The usual signs of mace exposure, such as a burning sensation or sneezing, would be absent. Capsaicin will tend to maintain separate layers in solution but the dispersal of the solution remains unaffected until the end of the commercial shelf life or until the canister has been damaged. For this reason, a person who accidentally gets a dose of pepper spray typically experiences a very intense and unexpected dose. If he has a rare allergy to the substance, the reaction can be severe, so it is important to seek immediate medical attention or to have a friend with them who can help. Unfortunately, many people used to weaning discomforts on their own will attempt to remedy even a serious chemical burn on their own. Under such circumstances, a quick response and a decision to get to a hospital is not just advisable, it is critical.