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Pennsylvania State Pepper Spray Laws, Rules & Legal Regulations


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


More on Pennsylvania Pepper Spray Regulations

Video Explanation of PA State Laws

Pennsylvania Pepper Spray Law Explanation

In the state of Pennsylvania, pepper spray is legal if used as a personal protection product for self defense. Stun guns are also legal, but there are some restrictions. For example, convicted felons, juveniles, and those deemed incompetent are not permitted to have stun guns. Also, there are special restrictions in the city of Philadelphia, where stun guns are not legal within the city limits. In Philadelphia, pepper spray is legal to carry and use.

Understanding the best ways to protect yourself is always going to be your best defense. Taking care to always be aware of your surroundings and be monitoring for potentially dangerous situations may help you to avoid becoming the victim of a violent crime. Keeping personal protection products close by can also help you to defend yourself against an assailant or aggressor.

You can find a wide variety of personal protection products when you visit our online store. From different types of pepper spray, including police grade and animal sprays, to a variety of electronic incapacitation devices and stun guns that are disguised as common objects like lipstick containers or flashlights, there is something for everyone. Take the time to shop for exactly what you need to keep yourself safe from harm.

What the Official Pennsylvania State Law Says


Stun gun restrictions:

  • convicted felons,
  • people convicted of certain specified crimes (such as offenses relating to driving under the influence of drugs or alcohol),
  • people who have a protection order against them that requires them to relinquish weapons to the court,
  • fugitives from justice,
  • people who have been adjudicated incompetent,
  • juvenile delinquents, and
  • people unlawfully present in the United States.

18 Pa.C.S. § 908. Prohibited offensive weapons.

               (3) This section shall not apply to any person who makes, repairs, sells or otherwise deals in, uses or possesses any firearm for purposes not prohibited by the laws of this Commonwealth.

          © Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

          "Firearm." Any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.

          "Offensive weapons." Any bomb, grenade, machine gun, sawed-off shotgun with a barrel less than 18 inches, firearm specially made or specially adapted for concealment or silent discharge, any blackjack, sandbag, metal knuckles, dagger, knife, razor or cutting instrument, the blade of which is exposed in an automatic way by switch, push-button, spring mechanism, or otherwise, any stun gun, stun baton, taser or other electronic or electric weapon or other implement for the infliction of serious bodily injury which serves no common lawful purpose.

18 Pa.C.S. § 908.1

Title 18 Pa.C.S. Crimes and Offenses

Part I. Preliminary Provisions

Chapter 9. Inchoate Crimes
§ 908.1. Use or possession of electric or electronic incapacitation device
(a) Offense defined.--Except as set forth in subsection (b), a person commits an offense if the person does any of the following:

(1) Uses an electric or electronic incapacitation device on another person for an unlawful purpose.

(2) Possesses, with intent to violate paragraph (1), an electric or electronic incapacitation device.

(b) Self defense.--A person may possess and use an electric or electronic incapacitation device in the exercise of reasonable force in defense of the person or the person's property pursuant to Chapter 5 (relating to general principles of justification) if the electric or electronic incapacitation device is labeled with or accompanied by clearly written instructions as to its use and the damages involved in its use.

(c) Prohibited possession.--No person prohibited from possessing a firearm pursuant to section 6105 (relating to persons not to possess, use, manufacture, control, sell or transfer firearms) may possess or use an electric or electronic incapacitation device.

(d) Grading.--An offense under subsection (a) shall constitute a felony of the second degree if the actor acted with the intent to commit a felony. Otherwise any offense under this section is graded as a misdemeanor of the first degree.

(e) Exceptions.--Nothing in this section shall prohibit the possession or use by, or the sale or furnishing of any electric or electronic incapacitation device to, a law enforcement agency, peace officer, employee of a correctional institution, county jail or prison or detention center, the National Guard or reserves or a member of the National Guard or reserves for use in their official duties.

(f) Definition.--As used in this section, the term "electric or electronic incapacitation device" means a portable device which is designed or intended by the manufacturer to be used, offensively or defensively, to temporarily immobilize or incapacitate persons by means of electric pulse or current, including devices operating by means of carbon dioxide propellant. The term does not include cattle prods, electric fences or other electric devices when used in agricultural, animal husbandry or food production activities. (Nov. 6, 2002, P.L.1096, No.132, eff. 60 days)

CITY OF PHILADELPHIA:

Philadelphia Code § 10-825

Title 10. Regulation of Individual Conduct and Activity

Chapter 10-800. Safety

  • 10-825. Stun Guns.

(1) Definitions.

(a) Stun Gun. Any device which expels or projects a projectile which, upon coming in contact with a person, is capable of inflicting injury or an electric shock to such person.

(2) Prohibited Conduct. No person shall own, use, possess, sell or otherwise transfer any "stun gun".

(3) Penalty. Any person violating any provision of this Section shall be subject to a fine of not more than three hundred (300) dollars and/or imprisonment for not more than ninety (90) days.

More info here: https://lib.store.yahoo.net/lib/urdefense/taserlaws.pdf

Last Updated: August 2017