Sunday, June 7, 2009

Analyzing Pepper Spray Laws

By Steve Thibeault

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.

Pepper spray, more commonly known as Oleoresin Capsicum, is derived from chili peppers and inflames all the areas where it's sprayed. To be most effective, it needs to be aimed at the nose, eyes or mouth and differs from other types of spray that cause stinging and tearing through irritation.

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.

Some states have pepper spray laws that allow its usage with restrictions. Michigan permits only Oleoresin Capsicum (OC) pepper sprays as long as the canister contains less than 35 grams and has 2% or less of OC concentration. In Wisconsin, pepper spray for self defense purposes is legal, but cannot be stronger than 10%. California permits pepper sprays that are less than 2.5 ounces,

Pepper spray is a very effective and popular deterrent against an attack. The assailant should be stopped long enough to allow you to get away. As the product is so popular as a self-defense device it is available in many different containers, sizes, patterns and concentrations.

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.

Throughout the U.S., pepper spray laws make it illegal to sell it to a minor or to anyone convicted of a felony. It is also against the law to carry it onto commercial airplanes.

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