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Understanding Pepper Spray Laws


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Pepper spray laws vary throughout the United States. Whereas most participating states allow the use, some states prohibit purchase, either through the mail or the Internet. These states include Massachusetts, Hawaii, New York, Indiana, New Jersey, Pennsylvania, Michigan, Rhode Island and Wisconsin. Strangely, the shipping of dog and bear pepper spray is legal throughout the country.

The Latin name for pepper spray is Oleoresin Capsicum, and it is derived from chili peppers. The product inflames the areas where it is sprayed and it needs to be aimed at the eyes, nose or mouth for best effect. Pepper spray differs from other types of spray, which are irritants and cause stinging and tearing.

Most countries classify pepper spray as a weapon because if overused, it could kill. If not used properly, it could also cause breathing problems, temporary blindness and severe pain. Although pepper spray is recognized as an effective self defense device, it is illegal in a number of countries, including Canada. In the U.S., states have various restrictions on the amount a canister can contain and the strength of the formula.

In New York, pepper spray laws permit the sale of the self defense spray by pharmacies and licensed firearms dealers in the state. In Massachusetts, licensed firearms dealers in the state are allowed to sell pepper spray for self defense. In Washington, D.C., it is legal to possess pepper spray as long as you register with your local law enforcement agency.

You must consult state regulations, as these vary widely across the United States when it comes to pepper spray laws. For example, in Wisconsin, you may possess pepper spray for self-defense, but its strength must not be more than 10% by volume. California dictates that the canister must contain less than 2.5 ounces. Michigan rules that only Oleoresin Capsicum sprays are allowed, and these must have a concentration less than 2% and the volume less than 35 g.

Pepper spray is available in a variety of different sizes, containers, concentrations and patterns. This very effective and popular deterrent should stop an assailant long enough for you to escape.

Don't forget, that whereas pepper spray laws dictate that they can be used legally for self-defense to prevent a personal injury, the circumstances must allow its use. If the spray is used irresponsibly, a charge of assault or battery can be brought. You must not use it if someone just looks threatening or is using obscene language towards you. Doing so risks civil or criminal liability charges.

Within the United States, pepper spray laws dictate that it is illegal to sell the product to a minor or to a criminal, somebody convicted of a felony. It is also illegal to carry onto a commercial jetliner.
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