California Pepper Spray Laws, Rules, and Regulations

You do not need a permit to carry pepper spray, but there are some rules and regulations.

Illegal use of pepper spray can result in a $1000 fine and up and/or three years in prison.

California views pepper spray as an effective means of personal protection and self-defense.

It is legal for you to carry and use pepper spray to protect your personal safety without a state or federal permit. However, California pepper spray laws are in place to regulate the size and weight of pepper spray products.

Today, we’re taking a closer look at the California pepper spray laws so you understand how to legally carry and use pepper spray products.

California Pepper Spray Laws

The state of California recognizes pepper spray as an effective way for people to protect their personal safety.

Pepper spray is an aerosol spray containing oils from cayenne pepper. Spraying an attacker with pepper spray will irritate the eyes and respiratory passages, effectively disabling the attacker. In California, pepper spray is often used to disable a variety of attackers, including humans, dogs, bears, and mountain lions.

You can legally purchase, carry, and use pepper spray for self-defense and personal protection in California pepper spray laws allow you to legally purchase, carry, and use pepper spray without a permit.

There are some rules and regulations to consider:

• Devices cannot contain more than 2.5 ounces of pepper spray
• Devices must expel pepper spray in aerosol form only
• Pepper spray cannot be used as a projectile
• Pepper spray must be used for self-defense only
• Pepper spray products must include a shelf-life date, usage instructions, and first-aid instructions

If you have questions about a legal matter involving pepper spray, you should contact an attorney for help. If you’re not sure where to find a lawyer, we can help. As a certified lawyer referral service in California, we can help match you with the most qualified attorney for your situation.

To get started, fill out a lawyer request form and we’ll help you get up to 30 minutes of free consultation.

Pepper Spray Can Only Be Used for Self-Defense

Pepper spray is intended for self-defense only.

It cannot be used otherwise including the discharge of the canister as well as displaying it in a threatening way.

Violation of these California pepper spray laws can result in a misdemeanor or felony charge with a possible sentence of up to three years in prison, up to $1,000 in fines, or both. It doesn’t matter if the canister was empty or became jammed.

Most individuals aged 18 or older can purchase pepper spray. But California law prohibits several classes of people from buying, possessing, or using pepper spray including:
• anyone convicted of a felony or any assault crime or anyone convicted of misusing the spray in non-self-defense situations
• those addicted to any narcotic drug
• minors (except those over 16 years old, who may purchase and possess pepper spray if their parent is present or gives written permission

Anyone under age 21 cannot carry pepper spray into schools. And it is illegal to sell or furnish any tear gas or tear gas weapon to a minor. It is also unlawful for someone under age 14 years to purchase pepper spray but they may possess and use it with their parent’s permission.

Similar to open-carry gun laws, you may have to relinquish your pepper spray on private property if the owner tells you to, or else you have to leave the property.

How Pepper Spray Works

Pepper spray comes from chili plants, and, when sprayed into the face of an attacker, usually results in the closing of eyes, coughing, and tearing up. It can also cause tightening of the chest, mucus secretions (eyes, nose, throat, and lungs), and other problems. The discomfort is considered temporary and lasts for about an hour, depending on the strength and amount of that was used.

Pepper spray is also known as “Oleoresin Capsicum,” “OC Gas,” or “capsicum spray.” The OC is a derivative of chili peppers including cayenne pepper. Humans are very sensitive to it and can detect one part per ten million units. The spray is typically carried in a small canister so it can be easily contained in a pocket or purse. Most OC products are non-toxic and non-flammable. Pepper spray devices can be fired multiple times and have a typical range of eight to twenty feet, depending on the device.

Pepper spray is effective against all attackers; even those who cannot feel normal levels of pain (drug abusers, alcohol abusers, and psychotics).

Related Controversy

Pepper spray is currently being used in juvenile jails in California as one of only six states that still allow employees to patrol with these caustic chemicals in youth detention facilities.

The California Board of State and Community Corrections is considering regulatory changes that would limit the use of pepper spray to times when there is an imminent threat requiring officers to use it.

Lawmakers and reform groups are pushing to keep officers from carrying pepper spray in these facilities but keep it to be retrieved if other calming tactics aren’t working.

Conclusion

Pepper spray is in your purse or pocket for possible defense, right? But it doesn’t help you look for danger or help you develop an understanding of a predatory mindset. You could still be caught off guard.

Using spray under stress can be difficult. You may have the spray on a keychain in your pocket while you are holding a cup of coffee in one hand and a bag of groceries in the other. How fast can you retrieve the spray if you are attacked? Watching videos of simulated attacks may help. Some of them show that victims actually shoot the wrong person in a crowd. And if that happens, you can be charged with assault.

Knowing the spray is in your pocket or purse may also distract you from thinking of other forms of defense that are nearby. The hot coffee in your hand can be thrown at an attacker. There may be a folding chair nearby you can grab, or a ceramic plate, or even a cell phone to be used as a club to ward off an attacker.
If you are attacked

What should you do if you are attacked with pepper spray? You will be temporarily blinded, mucous membranes on fire, and you are choking. You need help. If you have a cell phone, have family or friends on speed dial.

Don’t run the affected area. That will make it worse. It will get hotter and it will spread. Get someone to splash milk on the burn or soak a towel in milk and lay it on the burn.

Have someone make a mixture of washing-up liquid and water (3/4 water) and put it in a large bowl. Dip your face in it for 10-15 seconds at a time. Change the water now and then, keep doing this for a half-hour to 45 minutes.

Then, just wait it out. It can be four to six hours before the effects totally subside. Pepper spray is nasty stuff, and while it is a good defensive tool, it can be a temporary but painful experience if you are on the other side.