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Kansas State Pepper Spray Laws, Rules & Legal Regulations

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We have taken the time to research KS 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 Kansas. *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 KS State Laws

 

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

The Basics:

  • Pepper spray is LEGAL to buy/carry/use/ship to Kansas
  • No laws found prohibiting the use or purchase of pepper spray
  • Non-lethal force is allowed for self defense and protection of dwelling

Oftentimes, life presents us with unexpected situations and circumstances and while some are fun and exciting, others not so much. Getting mugged or assaulted are certainly among them. There are things you can do though to reduce those types of situations like being aware of your surroundings, traveling with others when possible, and having self protection like pepper spray handy should you need it.

Kansas, with it’s beautiful and even odd attractions (like the world’s largest ball of twine)  with the capital city of Topeka resides in America’s heartland. Unfortunately though, Topeka has a crime rate higher than other parts of the state. This is true of most metropolitan areas.

Pepper spray when used for self defense is entirely legal in the state of Kansas—allowing you to incapacitate a potential attacker anywhere from 30 minutes to an hour or longer and get to safety.

In Legal Jargon:
What the official Kansas state law says

Our researchers could find no law prohibiting the purchase or use of pepper spray in Kansas for self defense purposes. These are what we found regarding self defense in general.  

21-5222. Same; defense of a person; no duty to retreat. (a) A person is justified in the use of force against another when and to the extent it appears to such person and such person reasonably believes that such use of force is necessary to defend such person or a third person against such other's imminent use of unlawful force.

(b) A person is justified in the use of deadly force under circumstances described in subsection (a) if such person reasonably believes that such use of deadly force is necessary to prevent imminent death or great bodily harm to such person or a third person.

(c) Nothing in this section shall require a person to retreat if such person is using force to protect such person or a third person.

KANSAS’ SELF-DEFENSE & DEFENSE OF OTHERS STATUTES

K.S.A. 2011 Supp. §§ 21-5220 through 21-5231

21-5220. Use of force; construction and application. [Amends K.S.A. 2010 Supp. § 21-3220]

The provisions of this act are to be construed and applied retroactively.
History: L. 2010, ch. 124, § 1; April 29.

21-5221. Use of force; definitions. [Amends K.S.A. 2010 Supp. § 21-3221]

(a) As used in article 32 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto:
(1) "Use of force" means any or all of the following directed at or upon another person or
thing:
(A) Words or actions that reasonably convey the threat of force, including threats to
cause death or great bodily harm to a person;
(B) the presentation or display of the means of force; or
(C) the application of physical force, including by a weapon or through the actions of another.
(2) "Use of deadly force" means the application of any physical force described in paragraph (1) which is likely to cause death or great bodily harm to a person. Any threat to cause death or great bodily harm, including, but not limited to, by the display or production of a weapon, shall not constitute use of deadly force, so long as the actor’s purpose is limited to creating an apprehension that the actor will, if necessary, use deadly force in defense of such actor or another or to affect a lawful arrest.
(b) An actor who threatens deadly force as described in subsection (a)(1) shall be subject to the determination in subsection (a) of K.S.A. 21- 5222, and amendments thereto, and not to the determination in subsection (b) of K.S.A. 21-5222, and amendments thereto.
History: L. 2010, ch. 124, § 1; April 29.

21-5222. Use of force in defense of a person. [Amends K.S.A. 2010 Supp. § 21-3211]

(a) A person is justified in the use of force against another when and to the extent it appears to such person and such person reasonably believes that such use of force is necessary to defend such person or a third person against such other’s imminent use of unlawful force.
(b) A person is justified in the use of deadly force under circumstances described in subsection (a) if such person reasonably believes that such use of deadly force is necessary to prevent imminent death or great bodily harm to such person or a third person.
(c) Nothing in this section shall require a person to retreat if such person is using force to protect such person or a third person.
History: L. 1969, ch. 180, § 21-3211; L. 2006, ch. 194, § 3; L. 2010, ch. 124, § 4; L. 2010, ch.
136, § 21; L. 2011, ch. 30, § 7, July 1.

21-5223. Use of force in defense of dwelling. [Amends K.S.A. 2010 Supp. § 21-3212]

(a) A person is justified in the use of force against another when and to the extent that it appears to such person and such person reasonably believes that such use of force is necessary to prevent or terminate such other’s unlawful entry into or attack upon such person’s dwelling, place of work or occupied vehicle.

(b) A person is justified in the use of deadly force to prevent or terminate unlawful entry into or attack upon any dwelling, place of work or occupied vehicle if such person reasonably believes that such use of deadly force is necessary to prevent imminent death or great bodily harm to such person or another.
(c) Nothing in this section shall require a person to retreat if such person is using force to protect such person’s dwelling, place of work or occupied vehicle.
History: L. 1969, ch. 180, § 21-3212; L. 2006, ch. 194, § 4; L. 2010, ch. 124, § 5; L. 2010, ch.
136, § 22; L. 2011, ch. 30, § 8, July 1.

KANSAS’ SELF-DEFENSE & DEFENSE OF OTHERS STATUTES

(a) For the purposes of K.S.A. 21-5222 and 21-5223, and amendments thereto, a person is presumed to have a reasonable belief that deadly force is necessary to prevent imminent death or great bodily harm to such person or another person if:
(1) The person against whom the force is used, at the time the force is used:
(A) Is unlawfully or forcefully entering, or has unlawfully or forcefully entered, and is present within, the dwelling, place of work or occupied vehicle of the person using force; or
(B) has removed or is attempting to remove another person against such other person’s will from the dwelling, place of work or occupied vehicle of the person using force; and
(2) the person using force knows or has reason to believe that any of the conditions set forth in paragraph (1) is occurring or has occurred.
(b) The presumption set forth in subsection (a) does not apply if, at the time the force is used:
(1) The person against whom the force is used has a right to be in, or is a lawful resident
of, the dwelling, place of work or occupied vehicle of the person using force, and is not subject to any order listed in K.S.A. 21-5924, and amendments thereto, that would prohibit such person’s presence in the property;
(2) the person sought to be removed is a child, grandchild or is otherwise in the lawful custody or under the lawful guardianship of the person against whom the force is used;
(3) the person using force is engaged in the commission of a crime, attempting to escape from a location where a crime has been committed, or is using the dwelling, place of work or occupied vehicle to further the commission of a crime; or
(4) the person against whom the force is used is a law enforcement officer who has entered or is attempting to enter a dwelling, place of work or occupied vehicle in the lawful performance of such officer’s lawful duties, and the person using force knows or reasonably should know that the person who has entered or is attempting to enter is a law enforcement officer.
History: L. 2010, ch. 124, § 3; April 29.

21-5225. Use of force in defense of property other than a dwelling. [Amends K.S.A. 2010 Supp. 21-3213]

A person who is lawfully in possession of property other than a dwelling, place of work or occupied vehicle is justified in the use of force against another for the purpose of preventing or terminating an unlawful interference with such property. Only such use of force as a reasonable person would deem necessary to prevent or terminate the interference may intentionally be used. History: L. 1969, ch. 180, § 21-3213; L. 2010, ch. 124, § 6; L. 2010, ch. 136, § 23; L. 2011, ch.
30, § 9, July 1.

21-5226. Use of force by an aggressor. [Amends K.S.A. 2010 Supp. § 21-3214]

The justification described in sections K.S.A. 21-3211, 21-3212 and 21-3213, prior to their repeal, or K.S.A. 21-5222, 21-5223, and 21-5225, and amendments thereto, is not available to a person who:
(a) Is attempting to commit, committing, or escaping from the commission of a forcible felony; or
(b) Initially provokes the use of any force against himself such person or another, with intent to use such force as an excuse to inflict bodily harm upon the assailant; or
(c) Otherwise initially provokes the use of any force against himself such person or another, unless:
(1) Such person has reasonable grounds to believe that such person is in imminent danger of death or great bodily harm, and such person has exhausted every reasonable means to escape such danger other than the use of deadly force, or
(2) In good faith, such person withdraws from physical contact with the assailant and indicates clearly to the assailant that such person desires to withdraw and terminate the use of such force, but the assailant continues or resumes the use of such force.
History: L. 1969, ch. 180, § 21-3214; L. 2010, ch. 124, § 7; L. 2010, ch. 136, § 24; L. 2011, ch.
30, § 10, July 1.

 

 

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 "KS legal products" is allowed to ship and process in the state of Kansas. Our guarantee applies to legality at the state level. Please check with your local city or county for any additional possible restrictions.