California Pepper Spray Laws and Legal Use (2024)

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Video Explanation of CA State Laws

In Plain English:
California state laws for pepper spray & self defense products

The Basics:

  • Pepper spray is LEGAL to buy, use, carry and ship to California (*with below restrictions).
  • Pepper spray canisters must be less than 2.5 oz.
  • User must be at least 18 years of age
  • User cannot be addicted to narcotic substances
  • User cannot have a convicted felony on record
  • Must beused only for self defense.

CA state governments and law makers understand that pepper spray can be a handy self defense product for protecting your personal safety. Not only can defense sprays give you protection against a human attacker, but most vicious dogs, bears, mountain lions and other wild animals can be temporarily disabled by a single shot of pepper spray. California is a vast state with both high-population metropolitan areas, like San Francisco and Los Angeles, and more remote outdoor locations where you may encounter a wild animal. In either case, a pepper spray device can be a necessary asset of survival and personal security.

However, the state of California does have a few rules and regulations regarding the use of pepper spray. It is absolutely legal to carry pepper spray and use it to protect your personal safety without having any special state or federal permits. CA laws do regulate the size and/or weight of the defense spray products you can carry and buy. The legal container size must be equal to or below 2.5 ounces of active product. There are many pepper spray items and models that comply with this state set standard.

The pepper spray carried, shipped, sold or used in California should also be labeled with a warning stating that the product is only intended for self-defense. In general, most state laws (California included) enforce that pepper spray should only be used in self defense situations where you fear your life or safety is in danger. Illegal use of pepper spray products (perhaps dispensing them out of anger or as non self defense violence against another person) can bring fines of $1000 and up and/or three years in prison.

In Legal Jargon:
What the official California state law says

Penal Code 12401. ""Tear gas" as used in this chapter shall apply to and include all liquid, gaseous or solid substances intended to produce temporary physical discomfort or permanent injury through being vaporized or otherwise dispersed in the air...."

"Penal Code Title 2: Control of Deadly Weapons Chapter 4: Tear Gas Weapons Article 1: General Provisions Section 12403.7

Notwithstanding any other law, any person may purchase, possess, or use tear gas and tear gas weapons for the projection or release of tear gas if the tear gas and tear gas weapons are used solely for self-defense purposes, subject to the following requirements:

(a) No person convicted of a felony or any crime involving an assault under the laws of the United States, the State of California, or any other state, government, or country or convicted of misuse of tear gas under subdivision (g) shall purchase, possess, or use tear gas or tear gas weapons.

(b) No person who is addicted to any narcotic drug shall purchase, possess, or use tear gas or tear gas weapons.

(c) No person shall sell or furnish any tear gas or tear gas weapon to a minor.

(d) No person who is a minor shall purchase, possess, or use tear gas or tear gas weapons.

(e) (1) No person shall purchase, possess, or use any tear gas weapon that expels a projectile, or that expels the tear gas by any method other than an aerosol spray, or that contains more than 2.5 ounces net weight of aerosol spray."

California Pepper Spray Laws and Legal Use (2024)

FAQs

California Pepper Spray Laws and Legal Use? ›

Self Defense Only

What self-defense tools are legal in California? ›

Five legal self-defense weapons in California are:
  • pepper spray,
  • stun guns or tasers,
  • certain knives (such as a pocketknife or non-switchblade folding knife),
  • personal alarms, and.
  • certain guns (such as handguns or shotguns).
Mar 29, 2024

Is California a stand your ground state? ›

California is both a “Stand Your Ground” and “Castle Doctrine” state. “Stand Your Ground” means that if someone is threatening you or someone else, you or under no duty to retreat if you wish to claim self defense. You are allowed to remain present and defend yourself, no matter what.

What is the best legal alternative to pepper spray? ›

Wasp and hornet spray, carburetor cleaner, or brake cleaner would do the trick. Teach your teen not to spray themselves with it. Unless the “repellant" is very close at hand though, any defensive spray is ineffective. Being aware of your self and surroundings is still number one!

What is the best self-defense weapon in California? ›

California laws allow residents to legally own and carry the following self-defense weapons: tactical flashlights, pens, stun guns, tasers, pepper spray, tear gas, knives, and guns (though the latter 2 are heavily restricted compared to most states).

Can you pepper spray someone in self-defense in California? ›

Pepper Spray: Pepper spray is allowed in California for self-defense purposes, provided the canister size does not exceed 2.5 ounces of active product. Stun Guns and Tasers: Stun guns and tasers are legal in California, but there are restrictions.

Can I shoot a home invader in California? ›

You can use deadly force only if you reasonably fear great bodily injury or death. California is a stand-your-ground state, so there is no duty to retreat from a fight. California's Castle Doctrine lets you use deadly force against an intruder who breaks into your home.

Can a person use force to defend personal property in California? ›

The owner [or possessor] of real or personal property may use reasonable force to protect that property from imminent harm. *Reasonable force means the amount of force that a reasonable person in the same situation would believe is necessary to protect the property from imminent harm.

What is the no retreat law in California? ›

The California Jury Instructions (CALJIC No. 5.50) articulate that if a person reasonably believes they are in imminent danger of being killed or suffering great bodily injury, they may act in self-defense without retreating.

What spray is better than pepper spray? ›

Bear spray is much stronger, covers a larger area and works from much farther away. Bear spray has a range of 20 to 40 feet, depending on the brand, the size of the can and current weather conditions.

Is hairspray as good as pepper spray? ›

It's not totally adequate for the intended purpose. Nor is it reliable. Unlike pepper spray that can be effective without direct contact to the eyes, the burst of hairspray mist must hit the eyes directly to do any good at all.

Is there something better than pepper spray? ›

We call pepper gel the "stickier cousin" of our pepper spray. It was invented by Mace® Brand, and it offers protection at a greater distance than pepper spray. Pepper gel is also more accurate in windy conditions, making it ideal for outdoor use. It disperses in a steady, tight stream and sticks where it lands.

What can I carry to protect myself? ›

Personal safety device reviews
  • VIPERTEK Stun Gun: Best self-defense weapon. Best self-defense weapon. ...
  • Sabre Red Pepper Gel: Best pepper spray. Best pepper spray. ...
  • The Atomic Bear Tactical Pen: Best kubotan. Best kubotan. ...
  • She's Birdie: Best personal security alarm. Best personal alarm. ...
  • Stinger: Best for escaping from cars.

Are self-defense batons legal in California? ›

The challenged California law bans the possession, manufacture, importation or sale of “any leaded cane, or any instrument or weapon of the kind commonly known as a billy, blackjack, sandbag, sandclub, sap, or slungshot.” Courts have defined a billy as any kind of stick, bat or baton that is intended to be used as a ...

Can I carry a pocket knife in California for self-defense? ›

It is legal in California to carry folding knives – such as a pocket knife – in the folded position. Plus it is legal to defend yourself with a pocket knife as long as you act reasonably.

What weapons are legal to carry in California without a permit? ›

If you do not have license to carry, your options to carry a firearm for self-defense are limited. You may carry pepper spray in a canister of 2.5 ounces or less capacity or a stun gun/Taser. Generally, concealed carry without a permit for self-defense is only permitted at one's home or business.

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