Is Pepper Spray Legal in Missouri?

Pepper spray, although made from an item you can get in the produce section of your local grocer, is considered a weapon by most states, and is restricted to some extent in nearly all of them. Pepper spray causes temporary blindness, pain, breathing problems and panic.  However, when it’s used excessively, it can kill.pepper-spray-orig

Don’t get Mace confused with pepper spray. Mace is an irritant that is very similar to tear gas. Unlike pepper spray which is an inflammatory agent, Mace is an irritant. Pepper spray will have an effect on those that feel no pain, such as those under the influence of drugs or alcohol. Mace may or may not have an effect on these types. Unlike pepper spray, Mace will NOT cause inflammation of the capillaries resulting in temporary blindness, nausea, or will not cut off all but life support breathing, nor create a very strong burning or stinging sensation. It is important to note that Mace is also a brand name. Nearly all dealers do not sell Mace: only the Mace brand. Most dealers selling sprays that are PEPPER SPRAY!

In some states, you can buy pepper spray, but the amount is restricted, and you can be arrested or fined if your canister contains more than the amount specified by law. Some states regulate the allowed strength of the pepper spray: most sprays contain somewhere between 2% and 10% of capsaicin, the primary component of capsicum. Pepper sprays that also contain tear gas may be illegal in some states but not others, so before you decide to buy a spray or take it with you when traveling across state lines, you should find out what the state and local ordinances say about its possession.

Generally, pepper spray as a personal defense weapon is considered legal in all 50 states.  However, some states impose restriction on the shipping of pepper spray. Some manufacturers may ship their bear spray (a stronger pepper spray made to deter an attacking bear) to states where pepper spray can’t be shipped as a weapon. However, if someone is found to have used bear spray on a person, there are all sorts of interesting questions about its legal use (unless that person happens to be doing a highly convincing bear act). Pepper spray isn’t sold to minors or to people who have been convicted of a felony.  And never take pepper spray with you when you travel by air.  Pepper Spray cannot be carried on a commercial airline where it is accessible. This is a federal crime with a $25,000 fine.

And, after 9/11 there may be secured locations such as federal buildings, state buildings or any place you must pass through security where you cannot have pepper spray.

In Missouri, it is permissible to use or possess a device that ejects a “temporary incapacitating substance” with no restrictions on its chemical composition, strength, or amount.

Under the definition of a weapon under RSMO §570.010(10), a “Gas gun” is any gas ejection device, weapon, cartridge, container or contrivance other than a gas bomb that is designed or adapted for the purpose of ejecting any poison gas that will cause death or serious physical injury, but not any device that ejects a repellant or temporary incapacitating substance. So pepper spray devices fall outside the definition of a “gas gun” which is illegal to possess or own in Missouri.

Check with your local municipality or police on the restrictions and permissible use of pepper spray in your area.

Popular on college campuses, pepper spray comes in various size containers and is used as an aerosol spray and directed towards the attacker’s eyes and facial skin area. Once in contact with skin, and especially the eyes, pepper spray causes a burning sensation like no other, typically causing the attacker to become more concerned with their own well-being than with trying to keep up the attack. The good thing with pepper spray is that it can come in sizes as small as a keychain attachment or larger ones that you can carry in your pocket. The downsides are, you have to be within so many feet for the spray to reach the attacker, the wind can cause the spray to come back to your own face, and you may get only two to four chances to spray your attacker before the spray runs out and you have to resort to some sort of physical means of defense.

Never use pepper spray unless you feel you are threatened or you need to protect someone else. Improper use could result in criminal action. You could be sued or in some states fined up to $1000 or imprisoned up to 3 years in some jurisdictions. Spraying an innocent victim in the face can be a crime. Much like a punch in the face, it could be charged as assault in most jurisdictions. The justification for using pepper sprays must be self-defense from personal injury, and the force must be reasonable under the circumstances.

Always remember that you assume all risk and liability for owning and using pepper spray. Even if you use it correctly, there is no guarantee that it will always be effective at hindering an attack, and there is always the possibility that it may be used against you instead.

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