Connecticut Pepper Spray Laws in a Nutshell
There are many laws governing the use and possession of pepper spray (also known as OC – oleoresin capsicum). Pepper spray is classified under the crime of disorderly conduct in Connecticut General Statutes 53a-182, and a person found to have discharged a "device containing oleoresin of capsicum or similar disabling substance having an offensive odor and irritating effects" may be subject to criminal and civil liability under this law, which states:
"(a) A person is guilty of disorderly conduct when, with intent to cause inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:
- (1) Engages in fighting or in violent, tumultuous or threatening behavior;
- (2) Disturb the peace;
- (3) Makes or causes to be made any unreasonable noise;
- (4) Shall in a public place address another offensively in indecent or abusive language;
- (5) Shall in a public or private place address another by the name of another person, with intent to demean or embarrass the other person;
- (6) Shall without legal or contractual authority, intentionally insult or disparage another by calling him a name, epithets of abuse, swearing at him, or by terms or conduct intended to provoke contempt, regardless of whether such conduct is directed at, or heard, by, such other person.
(b) Disorderly conduct is a class C misdemeanor."
This means that pepper spray is legal, unless you are found to have used it to intentionally cause inconvenience, annoyance, alarm or harm to someone else. In other words, the law allows you to possess and carry pepper spray for self-defense, but only for self-defense.
The law governing where you may carry pepper spray, however , is more nuanced and requires the consideration of additional laws. Connecticut General Statute § 29-28 states that it is illegal to carry any dangerous weapon or switchblade knife, except as otherwise provided in section 29-33, upon any school grounds or in any vehicle, while knowing that such weapon or knife is present. The term "school" is defined in this statute as including not only public and private K-12 institutions, but also the property of any institution for higher education, such as a college or university.
Furthermore, it is also illegal to carry pepper spray on state airport property, in violation of Connecticut General Statute § 53-209(a), which states:
"(a) Any person who carries any dangerous knife or dangerous or deadly weapon upon any state airport property shall be fined not more than one thousand dollars or imprisoned not more than five years or both and, if he is a seaman or mariner, his certificate of identification shall be exhibited to any police officer of the state or any employee of the airport authority authorized to inspect any such certificate of identification. For the purposes of this section, ‘dangerous knife’ means any knife having a blade which folds, closes or retracts into the handle of the knife, or which is a fixed-blade knife, as follows: Any switchblade knife; any stiletto knife; any cane sword; any person’s or pen’s knife; any replica of a sword, knife or firearm; any BB gun, pellet gun or any other instrument, from which an unlagged projectile can be shot which may reasonably be expected to inflict injury; any stun gun, taser or electronic defense weapon, or any similar device; or any knife or other item carried for the purpose of such education, instruction, punishment or other activity.
Who Can Legally Own Pepper Spray in CT?
The typical requirement to legally possess pepper spray in Connecticut is that you be at least 18 years of age. In limited circumstances, you may be allowed to possess it if you are between 16 and 18 years of age, but only if you are authorized to own a firearm in Connecticut, and only if you can possess portable electronic defense weapon (PEDW) devices, which are licensed to carry stun guns in Connecticut. You must be a US citizen or legal resident alien. In order to possess a PEDW, you must have your pistol permit issued by your local police department. If you are an out-of-state person visiting within the State on a temporary basis, you may possess an electronic defense weapon in Connecticut, but only if you possess appropriate licenses in your home state, and the weapon must be carried directly on your body.
Legal Ramifications of Improper Use
While pepper spray is relatively safe and easy to acquire, using it recklessly or with malicious intent can lead to criminal charges that could result in fines and imprisonment. Suppose an angry neighbor exposes your child to pepper spray because the child accidentally kicked a soccer ball into his yard. This example illustrates why even though pepper spray is very effective, it can also be used for evil purposes as well. A neighbor who uses it to keep children from playing or retrieving soccer balls may be charged under Connecticut law with 53-206(b), namely "third degree assault of a protected class member," which can result in a fine of up to $5,000 and/or up to five years in prison. In Connecticut, use of force is lawful only for the purpose of self-protection and when reasonable means that the defendant was not the initial aggressor and also believed he or she faced imminent bodily harm. Under Section 53a-19, the relevant statute for self-defense claims, self-defense is legally justified. For Example: In State v. Denson, 89 Conn.App. 574 (2005), the defendant was found not guilty of assaulting a neighbor with a knife when the threat of the neighbor spreading a rumor about him became imminent. When faced with a plausible threat of emotional and psychological aggression this defendant was therefore legally justified in protecting himself. But had his neighbor grabbed a knife and was coming at Denson in a threatening manner he would not have been allowed to attack, as Giffords warned, in "a ‘fitting’ manner as opposed to wildly brandishing [pepper spray] back at the marauder." Using reasonable force to defend oneself is permissible, but the key words are reasonable means that the defendant did not provoke or incite the attack upon him or her. The inflammatory or aggressive use of pepper spray against an unarmed possible aggressor who has no visible weapons is not legally justifiable.
Where to Buy Pepper Spray Legally
In order to purchase pepper spray legally in Connecticut, you must buy it from an authorized dealer. If you happen to find it for sale online, you can’t purchase it. According to Connecticut gun laws, the only retailers allowed to sell chemical mace or pepper spray are those specifically licensed by the Commissioner of Emergency Services and Public Protection. If you have a license to sell firearms, you can apply to sell licensed products such as pepper spray and even bird shot, but you must apply for a special license that specifies those privileges. When buying pepper spray from an authorized dealer, you must carry it home. If you are not an authorized user of weapons or cannot legally possess firearms, you cannot have someone else take it home for you or have it shipped to your home in Connecticut. Not only do the dealers who sell pepper spray have to be licensed, but all products for sale have to be approved and authorized by the Commissioner of Emergency Services and Public Protection. According to Connecticut gun laws , the product must have the capability of causing "temporary or permanent physical pain" and must be "designed to incapacitate." That may sound a little vague, but the products on the marked show include the words "pepper spray," "OC spray," or "OC shoot," along with the name brand, such as Sabre, MACE, Fox Labs, or another manufacturer. All products must also have the name and address of the manufacturer as well as the label, "WARNING: This product can cause serious injury or death." Pepper spray sold in Connecticut must not contain more than 5 percent of total capsaicinoids, which is the term for the active ingredient in the spray that causes the burning sensation. The product must also be can-sized in a 4-ounce or smaller quantity, and it must have a top that uses a safety tab or flip safety nozzle, so that it won’t release unless you press the top.
Pepper Spray Possession & Responsible Use
When it comes to using pepper spray, safety and responsibility are of utmost importance. In Connecticut, while it is illegal to carry certain types of pepper spray for offensive purposes, using it for self-defense is perfectly legal. Nonetheless, it is essential to know how to use it safely and responsibly.
First and foremost, it is crucial not to point a pepper spray canister at an individual unless actually intending to spray. Although pepper spray in Connecticut is purchased over the counter, its potential for harm should never be understated. If someone is caught pointing a pepper spray canister at another, even if you’re only "playing around," this may lead to criminal prosecution.
When using pepper spray for self-defense, assess the situation carefully before responding. Only use pepper spray when you believe you are in imminent danger of being attacked. The goal of using pepper spray should be to disable the attacker long enough for you to escape unharmed, not to intentionally inflict harm.
It is also important to know how to apply the spray correctly. Point the nozzle toward the center of the attacker’s face, a few feet away, and then depress the lever as briefly as possible. This should create a small cloud in front of the attacker that will come into contact with their eyes and nose, causing temporary incapacity.
Keep in mind that in some cases, such as in a wide-open space, it is safer to use spray in a sweeping motion across the entire area rather than directly focused on one individual. A large-area spray will create a broader barrier, which may help you avoid spraying an innocent bystander.
Once you’ve used the spray, leave the area immediately to avoid retaliation from the aggressor and to minimize the chance of inhaling the fumes yourself. If you have spare pepper spray that did not discharge properly, put it in a convenient place so you will be able to grab it if necessary.
Keep in mind that once the spray is discharged, either intentionally or accidentally, you have only about 20 seconds before it’s empty, so use it wisely.
Alternatives to Using Pepper Spray
For those who do not wish to carry weapons that produce harmful chemical or biological agents, there are several alternatives that are legal under Connecticut law. While some of these alternatives can be quite dangerous, the law categorizes non-lethal types of weaponry differently than dangerous chemicals or poisons.
Conventional stun guns are not considered to be dangerous weapons, as opposed to the more "dangerous" stun batons that are described below. Connecticut law defines a conventional stun gun as:
[A]ny device that emits a localized electric charge for the purposes of temporarily incapacitating a person without causing permanent injury and is commonly known as a "stun gun" or "taser." (CT Gen Stat. §53a-3)
These devices have become popular with many who wish to deter probable attackers. They are highly portable only because of their non-lethality. However, their legal status in Connecticut is confirmed by the fact that they are not defined under the law as weapons of any type.
Another common self-defense tool is the so-called "stun stick," which is a longer version of a conventional stun gun. As a type of stun baton, it has significant advantages when compared with a conventional stun gun. It is generally more effective, more versatile, and the unit’s longer "stick" format allows for safe distance between the attacker or aggressor and the defender.
Of course, these advantages come with a corresponding increase in lethality, and Connecticut law takes that into account. As such, stun batons are categorized as weapons under Connecticut law. A baton that is 19 or fewer inches in length may fall under the broad category of "other dangerous instrument" defined in Connecticut law. This is a flexible category that applies to any instrument or other thing that is not a firearm, knife or electronic weapon, and that is capable or intended to cause injury or death. (CT Gen Stat. §53a-3).
Given the fact that a long baton or stick has more versatility and is less likely to injure a child who happens to peek around a corner while it is being swung, this broad category provides an avenue for self-defense, without the repression of chemical or biological agents.
A tactical pen is a hand-held device that resembles a typical ballpoint pen , but it is made from solid materials that are capable of being used singularly or in tandem with blinding flashlights to deter would be aggressors. The law does not account for the improvements that tactical pens have over conventional writing instruments, but the fact that the Connecticut legislature has offered protections for weapons that are categorized solely under their length or their utility gives victims of crime an even greater advantage.
Examples of tactical pens that have been weaponized include the Tungsten Carbide Tactical Pen, the Caymen Tactical Pen, and the ANA Tactical Pen. These are all examples of manufacturers who have produced high-quality pens that are versatile enough to be categorized defensively in Connecticut courts, while still providing the writer with a super-durable pen.
Of course, knife enthusiasts will insist on having some form of knife as their self-defense instrument. Unless the knife is particularly short, it can be categorized as a short-barreled shotgun, however that would be inappropriate for individuals who carry pocket knives. If the blade length is less than 4 inches, then it is properly categorized as a "dirk," or "other dangerous instrument" as described above. (CT Gen Stat. §53a-3).
Many pocket knives are governed by these statutes and regulations, but many are not. In order to determine what Connecticut laws apply to your particular knife, it may be best to consult with an attorney. The attorney can help you decide whether or not the knife is appropriate for publication, and whether you should adjust the collection or stay where you are.
In other instances, knives of this stature are not technically dangerous instruments because of their build, and because of the way in which they are wielded. A knife like the Swiss Army Utility Knife, or the ubiquitous Swiss Army Knives of the Recruit type are not categorized as dangerous weapons, and the owners would likely go without prosecution or criminal penalties for carrying such knives for purposes other than self-defense.
The definition of dangerous weapons may vary from city to city, and case to case, but where the law is clear, it would be better to pursue stationery tools, or physical instruments rather than dangerous chemical sprays like mace or pepper spray.