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Delaware State Pepper Spray Laws, Rules & Legal Regulations

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2oz Police Pepper Spray
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Guaranteed Legal Our "Guaranteed Legal" Promise:
We have taken the time to research Delaware state self defense laws and regulations, so you don't have to. We guarantee if you are over 18 and have not been convicted of a felony or assault, any self defense product purchased from our store unless otherwise noted are legal to send to Delaware*.
*Note: Most cities and counties comply with the state level laws, however, we recommend you check with your local city or county for any additional restrictions.

Video Explanation of DE State Laws

 

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

The Basics:

  • Pepper spray is legal for self defense in Delaware
  • Must be 18 years or older to use or carry
  • Cannot have any convicted felonies on record

Delaware was the first state in the United States. Its capital is Dover. Delaware has a unique shape, earning it the nickname the “Diamond state.”

Delaware is also listed as the 4th most dangerous in in the United States, according to a survey by USAToday. Other than being prohibited for use by minors, against law enforcement or persons or in an instance where it is not warranted , the use of pepper spray for the purposes of self-defense in the state is legal.

Everyone deserves to feel safe from burglary, muggers, and attackers. But for those times a real threat presents itself, pepper spray is great non lethal way to stop a potential assailant in their tracks. Temporarily stopping an attacker for up to 45 minutes makes it easy enough to escape call for help. It also works on dangerous animals.

So keep yourself and your loved ones safe— make sure you keep some pepper spray handy.



In Legal Jargon:
What the official Delaware state law says

From Title 11 - Crimes and Criminal Procedure

612 Assault in the second degree; class D felony.

(a) A person is guilty of assault in the second degree when:
(1) The person recklessly or intentionally causes serious physical injury to another person; or
(2) The person recklessly or intentionally causes physical injury to another person by means of a deadly weapon or a dangerous instrument; or
(3) The person intentionally causes physical injury to a law-enforcement officer, a volunteer firefighter, a full-time firefighter, emergency medical technician, paramedic, fire police officer, fire marshal, correctional officer, a sheriff, a deputy sheriff, public transit operator, a code enforcement constable or a code enforcement officer who is acting in the lawful performance of duty. For purposes of this subsection, if a law-enforcement officer is off duty and the nature of the assault is related to that law-enforcement officer's official position, then it shall fall within the meaning of "official duties" of a law-enforcement officer; or
(4) The person intentionally causes physical injury to the operator of an ambulance, a rescue squad member, licensed practical nurse, registered nurse, paramedic, or licensed medical doctor while such person is performing a work-related duty; or
(5) The person intentionally causes physical injury to any other person while such person is rendering emergency care; or
(6) The person recklessly or intentionally causes physical injury to another person who is 62 years of age or older; or
(7) The person intentionally assaults a law-enforcement officer while in the performance of the officer's duties, with any disabling chemical spray, or with any aerosol or hand sprayed liquid or gas with the intent to incapacitate such officer and prevent the officer from performing such duties; or
(8) The person intentionally, while engaged in commission of any crime enumerated in this chapter, assaults any other person with any disabling chemical spray, or with any aerosol or hand sprayed liquid or gas with the intent to incapacitate the victim; or
(9) The person intentionally causes physical injury to any state employee or officer when that employee or officer is discharging or attempting to discharge a duty of employment or office; or
(10) The person recklessly or intentionally causes physical injury to a pregnant female. It is no defense to a prosecution under this subsection that the person was unaware that the victim was pregnant; or
(11) A person who is 18 years of age or older and who recklessly or intentionally causes physical injury to another person who has not yet reached the age of 6 years. In any prosecution of a parent, guardian, foster parent, legal custodian or other person similarly responsible for the general care and supervision of a child victim pursuant to this paragraph, the State shall be required to prove beyond a reasonable doubt the absence of any justification offered by § 468(1) of this title. In any prosecution of a teacher or school administrator pursuant to this paragraph, the State shall be required to prove beyond a reasonable doubt the absence of any justification offered by
§ 468(2) of this title; or
(12) The person recklessly or intentionally causes physical injury to a law-enforcement officer, security officer, fire police officer, fire fighter, paramedic, or emergency medical technician in the lawful performance of their duties by means of an electronic control device shall be a class C felony.
(b) It is no defense, for an offense under paragraph (a)(6) of this section, that the accused did not know the person's age or that the accused reasonably believed the person to be under the age of 62.
(c) It is no defense, for an offense under paragraph (a)(11) of this section, that the accused did not know the person's age or that the accused reasonably believed the person to be 6 years of age or older.
(d) Assault in the second degree is a class D felony.
(11 Del. C. 1953, § 612; 58 Del. Laws, c. 497, § 1; 63 Del. Laws, c. 50, § 1; 63 Del. Laws, c. 237, § 1; 67 Del. Laws, c. 130, § 8; 68
Del. Laws, c. 129, §§ 1, 3; 69 Del. Laws, c. 24, §§ 3, 4; 69 Del. Laws, c. 189, § 1; 69 Del. Laws, c. 367, § 1; 70 Del. Laws, c. 128, §§
1-5; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 307, § 1; 71 Del. Laws, c. 374, §§ 4, 5; 72 Del. Laws, c. 34, § 10; 72 Del. Laws, c.
43, § 5; 72 Del. Laws, c. 173, §§ 1, 2; 73 Del. Laws, c. 126, §§ 3, 16; 74 Del. Laws, c. 199; 76 Del. Laws, c. 270, § 3; 77 Del. Laws,
c. 119, § 1; 77 Del. Laws, c. 265, § 1; 78 Del. Laws, c. 325, § 1; 80 Del. Laws, c. 287, § 1.)

AND

1458 Removing a firearm from the possession of a law-enforcement officer; class C felony.

(a) A person shall not knowingly or recklessly remove or attempt to remove a firearm, disabling chemical spray, baton or other deadly weapon from the possession of another person or deprive the other person of its use if:
(1) The person has knowledge or reason to know that the other person is employed as:
a. A law-enforcement officer including, but not limited to, all those defined as "police officer" in § 1911(a) of this title, who is authorized by law to make arrests;
b. A sheriff, deputy sheriff, constable, judicial assistant, court bailiff or other court security officer or court bailiff;
c. An employee of the Department of Correction, the Division of Parole and Probation or the Department of Youth Rehabilitative Services;
d. A special investigator or state detective with the Delaware Department of Justice, Office of the Attorney General; or
e. An armored car guard licensed pursuant to § 1317 or § 1320 of Title 24; and
(2) The other person is lawfully acting within the course and scope of that other person's employment.
(b) A person who violates this section is guilty of a class C felony.
(71 Del. Laws, c. 62, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 374, § 7.)

Last updated March 2019

 

Please note: We guarantee that as long as you are over 18 and have not been convicted of a felony or assault, any pepper spray product purchased from our listing of "DE legal products" is allowed to ship and process in the state of Delaware. Our guarantee applies to legality at the state level. Please check with your local city or county for any additional possible restrictions.