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North Carolina State Pepper Spray Laws, Rules & Legal Regulations


Q: Is Pepper Spray Allowed / Legal in North Carolina?
A: YES! Pepper spray is legal to purchase, use & carry for self defense purposes.


More on North Carolina Pepper Spray Regulations

Video Explanation of NC State Laws

North Carolina Pepper Spray Law Explanation

North Carolina laws state that it is legal to carry pepper spray and stun guns for the purposes of self defense. There are some minor restrictions, however, with regard to the size of the pepper spray container. You cannot carry containers of pepper spray that are larger than 5 ounces. There are exceptions to this rule, specifically that you can carry animal-grade pepper spray in containers that exceed the 5 ounce limit.

Cities like Raleigh, North Carolina, continue to grow, and, as a result, the rates of violent crime are growing as well. It is important that you take the proper precautions to keep yourself safe, whether you are in large cities or not. Pepper spray and stun guns offer terrific non-lethal alternatives.

Safety should always be a priority. Our online store offers many alternatives when it comes to non-lethal forms of self defense. There you will find pepper spray in many forms, some disguised to look like everyday items to make them easier to carry in a purse or pocket, making them handy to access in the event of emergency. Using pepper spray or an electronic incapacitation device will temporarily disable an assailant, and allow you precious minutes to get to safety.

What the Official North Carolina State Law Says


§ 14-401.6.  Unlawful to possess, etc., tear gas except for certain purposes.

(a) It is unlawful for any person, firm, corporation or association to possess, use, store, sell, or transport within the State of North Carolina, any form of that type of gas generally known as "tear gas," or any container or device for holding or releasing that gas; except this section does not apply to the possession, use, storage, sale or transportation of that gas or any container or device for holding or releasing that gas:
    (1) By officers and enlisted personnel of the Armed Forces of the United States or this State while in the discharge of their official duties and acting under orders requiring them to carry arms or weapons;
    (2) By or for any governmental agency for official use of the agency;
    (3) By or for county, municipal or State law-enforcement officers in the discharge of their official duties;
    (4) By or for security guards registered under Chapter 74C of the General Statutes, company police officers commissioned under Chapter 74E of the General Statutes, or campus police officers commissioned under Chapter 74G of the General Statutes provided they are on duty and have received training according to standards prescribed by the State Bureau of Investigation;
    (5) For bona fide scientific, educational, or industrial purposes;
    (6) In safes, vaults, and depositories, as a means or protection against robbery;
    (7)  For use in the home for protection and elsewhere by individuals, who have not been convicted of a felony, for self-defense purposes only, as long as the capacity of any:
        a. Tear gas device or container does not exceed 150 cubic centimeters,
        b. Tear gas cartridge or shell does not exceed 50 cubic centimeters, and        
        c. Tear gas device or container does not have the capability of discharging any cartridge, shell, or container larger than 50 cubic centimeters.
(b)        Violation of this section is a Class 2 misdemeanor.
(c)        Tear gas for the purpose of this section shall mean any solid, liquid or gaseous substance or combinations thereof which will, upon dispersion in the atmosphere, cause tears in the eyes, burning of the skin, coughing, difficulty in breathing or any one or more of these reactions and which will not cause permanent damage to the human body, and the substance and container or device is designed, manufactured, and intended to be used as tear gas.  (1951, c. 592; 1969, c. 1224, s. 8; 1977, c. 126; 1979, c. 661; 1983, c. 794, s. 9; 1991 (Reg. Sess., 1992), c. 1043, s. 2; 1993, c. 151, s. 1; c. 539, s. 276; 1994, Ex. Sess., c. 24, s. 14(c); 2005-231, s. 10; 2011-183, s. 12.)

Statute: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-401.6.html
Last Updated: August, 2017