A Guide to Pepper Spray Legality
Pepper spray, or self-defense spray, is an irritant chemical compound that usually contains active ingredients derived from capsicum, a primary component of chili peppers. Though pepper spray can cause severe pain when contacted with mucous membranes, such as the eyes, nose, mouth, throat, and lungs, it is considered a low-lethality weapon. It is often administered through aerosol canisters and is sold as a personal protection product against human and animal attacks.
As previously noted, pepper spray is a category of weapon in Washington D.C. As such, there are specific rules that apply to its use and possession. However, it is important to understand that there is no law preventing an individual from possessing pepper spray in general. It is only the illegal use of pepper spray that could lead to a civil or criminal charge.
Under D.C. Code § 22-4504.03, it is illegal for a person to use any pepper spray in an unlawful manner. In other words, even though possessing pepper spray is legal , its use is not.
Some examples of unlawful use of pepper spray in Washington DC would be spraying pepper spray into a police officer’s eyes, spraying it at a victim while committing a robbery, or using it to threaten or intimidate another person. In these scenarios, the unrelated actions of a person with a can of pepper spray are what leads to the possibility of a criminal offense.
As explained by D.C. Code § 22-4501.02, individuals may only use reasonable force to protect themselves from an intruder or prevent a crime from being committed. Furthermore, reasonable force is only applicable when a person actually has the ability to protect himself or herself.
In Washington DC, the use of pepper spray is allowed when a person exercises right of defense in an attack. However, this right of defense must meet certain standards to be valid or justifiable under the law. Many types of force are simply not acceptable. In most cases, uses of reasonable force must be directed toward people committing crimes.
Pepper Spray Restrictions in DC
In Washington DC, there are no rules requiring permits or licenses for purchasing, carrying, or using pepper spray for self-defense. However, there are restrictions on the type of pepper spray that individuals can carry. In Washington DC, you can possess dimethyl sulfoxide and oleoresin capsicum (OC). Moreover, pepper spray products must meet the following requirements:
• The container cannot exceed 100 grams—this has been clarified by the Attorney General’s office as of January 2011.
• It must contain 2.5% to 10% OC (Capsaicin).
• It must contain no more than 1% to 5% percent of oleoresin capsicum (with the exception of a pocket-sized nonlethal spray for self-defense purposes only).
• The label on the container must state only "Tear Gas – OC."
• The container must also be marked with a detailed warning and use instructions.
Purchasing Pepper Spray in DC: Where and How
If you live in the District of Columbia and want to purchase pepper spray, it’s a pretty easy process. First off, let’s look at the types of neighborhoods where you can buy it.
Most self-defense products—including pepper spray—are found at larger retail stores like Walmart or Target, but most of the people that purchase these items don’t get their pepper spray at either of those locations. The reason being that they can’t. Both chains sell self-defense products and other self-defense weapons, but they don’t offer any pepper sprays at all which is the most popular self-defense weapon on the market.
If you were to try a local sporting goods store, that may be a different situation. In fact, some of them offer a good selection. Bass Pro Shops and Cabella’s both have a variety of self-defense products including some popular pepper sprays. You should be able to find good options in products by Streetwise and Sabre.
A local military surplus store will also likely have some pepper spray available for purchase. Military surplus stores are simply places that sell authentic military gear, mostly used equipment but not always. You’re just as likely to get something that belonged to a soldier back in the 1970s (which may be classified as an antique) as you are to purchase something that was only used recently. The pepper sprays available from a military surplus store will likely be a serious product.
You could also shop online, but there’s no guarantee that the site you purchase from is legitimate or that the pepper spray you receive is the real thing. The best bet is to search for a well-known company with a good reputation like Dick’s Sporting Goods or Amazon.
Fortunately for DC residents, any pepper spray sold at authorized outlets should be legal to buy. That said, these outlets are few and far between, but examples include:
Most of these stores understand local laws and will sell you only what you have the legal right to purchase and own.
Using Pepper Spray Illegally: Penalties
Pepper spray is defined in the Washington D.C. Law as a prohibited weapon. D.C. Code § 7-2501.02(13) specifically states that the term prohibited weapon means:
a. A blackjack;
b. A ballistic knife;
c. A BB gun, BB device, or any device designed to propel any projectile or projectile containing any substance by means of compressed air, compressed gas, carbon dioxide, spring action, or other means;
d. A blowgun;
e. A knife having a blade 3 inches or longer which may be opened and closed by a thumb or lever action, commonly referred to as a " switchblade," or any " automatic knife" spring-operated knife whether or not capable of being disguised as another object;
f. A knife that may be concealed in the form of a belt buckle, cane, writing pen, lipstick tube, key ring, or any other form of jewelry or ornament;
g. Any nunchaku or similar weapon consisting of two or more ends of hard substance connected with wire, rope, or other flexible material;
h. A sand club, metal knuckles, or other similar metal, plastic, or other hard substance instrument which is designed to inflict bodily harm or serious bodily harm;
i. Tear gas, mace, and any chemical substance contained in any container operated by its trigger device which may be expelled by hand or other mechanical actions;
j. Any stun gun, taser, or other similar electroshock weapon;
k. An object that is prohibited as dangerous weapon pursuant to § 7-2501 . 01;
l. An object that is prohibited as dangerous weapon pursuant to § 22-502(3); or
m. Any identical or similar type of weapon to those listed in this paragraph.".
The penalties for unlawful acts with prohibited weapons in Washington D.C. are:
"§ 7-2507.01. Possession or carry in a public place; penalty.
(a) Except as provided in subsections (b) and (c) of this section, it is unlawful for a person to possess or carry a dangerous weapon or a prohibited weapon in a public place or in a private dwelling or place without the express permission of the owner.
(b) This subsection shall apply only to the possession of prohibited weapons.
- (1) A violation of filed D.C. Law 10-162 is subject to a maximum fine of $50 or imprisonment for up to 60 days.
- (2) A violation of all other provisions of filed D.C. Law 10-162 shall be punishable by a fine of not more than $1,000.
- (3) A violation of D.C. Law 7-2502, 7-2506(a)(3), or 7-2506(b) shall be punishable by a fine of not more than $1500.
(c) This subsection shall apply only to the possession of dangerous weapons.
(1) A violation of filed D.C. Law 5-150 is subject to a fine of no more than $500 or imprisonment for no more than 90 days, or both. For a second or subsequent violation of filed D.C. Law 5-150 the fine may be increased to $1000.
(2) A violation of D.C. Law 7-2502, 7- 2506(a)(1), (a)(2), or (a)(4) shall be punishable by a fine of not more than $1500."
Pepper Spray in Self-Defense: Techniques
Pepper Spray and Self-defense
A victim of a violent crime has the legal right to protect him or herself. This is generally known as self-defense law. The force you can use in self-defense will depend on your situation and what you are defending yourself against. When you are faced with an assault, it can be difficult to know what tactics will work best. One thing that experts agree on is that if you think that your life or physical safety is in danger, having pepper spray at the ready will increase your chance of successfully defending yourself. For this reason, many people make the decision to carry pepper spray. Unfortunately, there are people with impulse control issues that want to use pepper spray as a tool to exert malicious or unwarranted force against others. Other people don’t completely understand the full capabilities and limitations of their pepper spray and want to believe that it is a "grab and go" self-defense item. The truth is that your pepper spray is only as effective as you make it, and misuse and ignorance of the law surrounding its use makes pepper spray less safe for you and others. So the question is not whether or not you have the right to defend yourself and carry pepper spray, but instead how do you safely utilize pepper spray to defend yourself. To do so, experts recommend using the following best practices: 1. Make sure that your goals are reasonable and based on reality. Your goal is not to capture the other person , bring them to their knees or take them out. Your goal is to use enough defensive force to get away from the person. Too many people want to do more than escape when they use pepper spray. If your goal is escape and you keep this in mind when dealing with a threat, you will find that you will be more successful in preserving life and reducing injuries. A person who is using self-defense can never use more force than is necessary and can never use force that is unreasonable to avoid harm. For this reason, make sure you are not using unnecessary or excessive force, or you may be the one arrested, charged with and possibly prosecuted for a crime. 2. Make sure that you have received adequate training and found the right product. Not using force that is excessive or unnecessary also means that you should be aware of your limitations and have the right tool for the task at hand. Arrowhead Defense recommends that you have a lawyer, gun, knife and pepper spray. The fact is that you do not know what you will need or when you will need it. The more tools you have, the better your chances of success. 3. Make sure that you know the law. This is the most important step and most people do not think to check and see where their state or jurisdiction falls on a range of issues surrounding pepper spray. What is legal and illegal differs from state to state and this also varies by city. In Washington DC where the Pepper Spray Law is very strict, this is an issue of life and safety for most people who reside, work and visit Washington DC.