What is the legality of Pepper Spray in NJ?

[DirtyDigz 1,812]

Are there any restrictions on purchasing and/or carrying pepper spray in NJ?

[Chad 3]

I think there is a restriction as to how much (what size can) you have...this is going back quite a few years so I'm not sure if that still exists. For some reason "it cant disperse more than 3/4oz" rings a bell. Not sure.

[kenw 293]

NEW JERSEY: Illegal New Jersey State Law. New Jersey Stat. Ann. Title 2C. New Jersey Code of Criminal Justice. Chapter 39-1. Prohibited weapons and devices. (Section "r" summarized from Chapter 2C:39-1) "Weapon" means anything readily capable of lethal use or of inflicting serious bodily injury. The term includes, but is not limited to all (4) stun guns; and any weapon or (this section refers to tear gas and has been updated in 1995) other device which projects, releases, or emits tear gas or any other substance intended to produce temporary physical discomfort or permanent injury through being vaporized or otherwise dispensed in the air. (t) "Stun gun" means any weapon or other device which emits an electrical charge or current intended to temporarily or permanently disable a person. Senate, No. 2871 -- L.1985, c. 360 Senate Bill No. 2781, as amended by the Senate Law, Public Safety and Defense Committee, prohibits as a crime of the fourth degree the possession of a stun gun by any person, including a law enforcement officer. A crime of the fourth degree carries a penalty of imprisonment for up to 18 months, a fine of up to $7,500, or both. Prior to being amended the bill classified possession of a crime in the third degree. {Editor

[DirtyDigz 1,812]

So Ken, pepper spray is completely illegal?

[kenw 293]

Seems like it, but who knows. Maybe there are exceptions.

[Guest]

So Ken, pepper spray is completely illegal?

 

 

of course it is.. disarm law abiding citizens.. thats how NJ operates...

[PK90 3,573]

I think there is a restriction as to how much (what size can) you have...this is going back quite a few years so I'm not sure if that still exists. For some reason "it cant disperse more than 3/4oz" rings a bell. Not sure.

+1

 

ETA:

2C:39-6i.Nothing in N.J.S.2C:39-5 shall be construed to prevent any person who is 18 years of age or older and who has not been convicted of a felony, from possession for the purpose of personal self-defense of one pocket-sized device which contains and releases not more than three-quarters of an ounce of chemical substance not ordinarily capable of lethal use or of inflicting serious bodily injury, but rather, is intended to produce temporary physical discomfort or disability through being vaporized or otherwise dispensed in the air. Any person in possession of any device in violation of this subsection shall be deemed and adjudged to be a disorderly person, and upon conviction thereof, shall be punished by a fine of not less than $100.00.

[kenw 293]

What a coincidence... contradictory information regarding a self-defense law in NJ. Imagine that.

NEW JERSEY: Legal with restrictions. Any non-felon 18 or over may possess for your protection "one pocket-sized device which contains and releases not more than three-quarters of an ounce of chemical substance not capable of lethal use or of inflicting serious bodily injury, but rather is intended to produce temporary physical discomfort or disability through being vaporized or otherwise dispensed in the air".

 

NJ... what a country! :roll:

 

Ken

[Melgamatic 66]

So I know I myself have posted that we can't trust NJ retailers to only have NJ-legal items in their stores...but, I see "pepper spray" for sale in some large majority of the sporting goods stores I visit. I am sure I've seen it recently at Cheyenne and Dicks in Woodbridge, to name just a few.

 

I think there is more to the law...

[kenw 293]

Bear repellent?

 

K

[DevsAdvocate 112]

What about tasers?

[PK90 3,573]

Illegal

[kenw 293]

I just reread my first quote and saw this gem of comment for the first time:

Personal alarms are an effective means of personal defense

I guess that means we can disband the Secret Service teams protecting our politicians and give each of them a whistle.

 

K

[tgz13 0]

I just reread my first quote and saw this gem of comment for the first time:

Personal alarms are an effective means of personal defense

I guess that means we can disband the Secret Service teams protecting our politicians and give each of them a whistle.

 

K

Stop or I will blow my whistle :roll:

[MrMcKulit 0]

I guess that means we can disband the Secret Service teams protecting our politicians and give each of them a whistle.

K

 

Stop or I will blow my whistle :roll:

 

You guys are hilarious

[MrMcKulit 0]

So I know I myself have posted that we can't trust NJ retailers to only have NJ-legal items in their stores...but, I see "pepper spray" for sale in some large majority of the sporting goods stores I visit. I am sure I've seen it recently at Cheyenne and Dicks in Woodbridge, to name just a few.

 

I think there is more to the law...

 

I actually bought some from Cheyenne. The ones they sell are tiny. I think you can only squeeze them twice.

 

I wonder if this Kimber pepper spray is legal in NJ .... http://www.cabelas.com/prod-1/0044111228579a.shtml

 

What about pepper balls? Can they be purchased by civilians?

[rscalzo 3]

Title 2C. New Jersey Code of Criminal Justice. Chapter 39-1.

 

The confusion is due to the fact that the original post was the definition section. The first paragraph of most NJ statutes is the definition of the remander of the laws. You can not just read one section and expect to know what the laws arein any state. Not can you just read the original statutes and pass the case laws pertaining to those statutes and expect to make an informed desicion.

 

That is why the statutes themselves are fine as a start, The collections of case law available are what determines what is actually done by the courts.

[njpilot 671]

So I know I myself have posted that we can't trust NJ retailers to only have NJ-legal items in their stores...but, I see "pepper spray" for sale in some large majority of the sporting goods stores I visit. I am sure I've seen it recently at Cheyenne and Dicks in Woodbridge, to name just a few.

 

I think there is more to the law...

 

I actually bought some from Cheyenne. The ones they sell are tiny. I think you can only squeeze them twice.

 

I wonder if this Kimber pepper spray is legal in NJ .... http://www.cabelas.com/prod-1/0044111228579a.shtml

 

What about pepper balls? Can they be purchased by civilians?

 

They sell them at Brick Armory.

[Texan 1]

Sorry to dig up an old thread - but drives me crazy trying to find a way to protect my family without breaking the law. WOW! just read that sentence. It is against the law to protect yourself and family.

 

Man I hope there are pocket knives, baseball bats, shovels, whips, long studded belts, metal pipes or cans of pepper spray laying around everywhere. Would hate to get charged for arming myself with a tactical pen for self defense as I left my house and then be charged with a weapon after getting shot or stabbed by an assailent.

 

Is bullet proof vests and anti riot gear for protection legal? or can someone be pushed to hard with a sheild or chest bumped to hard with a vest to cause bodily injury?

[Scott204 1]

You are allowed to own pepper spray as long as the container is less than 3/4 of an ounce. Small key ring sprays are completely LEGAL.

[Texan 1]

You are allowed to own pepper spray as long as the container is less than 3/4 of an ounce. Small key ring sprays are completely LEGAL.

 

Thanks for the heads up. Read the above posting of law and took it to be a grey area on chemical dispensers to be illegal. Hope criminals don't start using pepper spray to subdue people to rob them. So feels like its agianst the law to protect ones self and family in this state. or everything or law pushes that suggestion. I'm truely sad and disheartened over this reality. What a truely horrible state of laws. Nothing against the state, just the horrible horrible laws.

[Xchange1980 0]

I was a Mailman for 10 yrs and they gave us pepperspray

[Blacksmythe 71]

You can have as many cans of 3/4 of an ounce as you like, you can take a $50 class at gun for hire and get certified.

[MikeK77 8]

you can take a $50 class at gun for hire and get certified.

 

Certified for what? any Schmo can buy the stuff.

[Blacksmythe 71]

Its fun being sprayed

[MikeK77 8]

been there done that!!!

[KpdPipes 388]

Thanks for the heads up. Read the above posting of law and took it to be a grey area on chemical dispensers to be illegal. Hope criminals don't start using pepper spray to subdue people to rob them. So feels like its agianst the law to protect ones self and family in this state. or everything or law pushes that suggestion. I'm truely sad and disheartened over this reality. What a truely horrible state of laws. Nothing against the state, just the horrible horrible laws.

 

You just found out the issue with 90% of the Laws here. The laws are written in such a way that EVERYTHING appears unlawful at first reading, and it takes an in-depth study of the exact wording of the statutes to determine what is and is not allowable.

[kman 56]

My problem with this is I have never seen a pepper spray container labeled as to how many ounces (or factions thereof) they contain.

 

So, is it legal or not in NJ? How big a spray can exceeds 3/4 an ounce? Impossible to tell.

 

Cross the border into NY, and the limitation is not on volume, but on percentage of OC (the pepper powder), NY legal sprays are generally half as strong as a percentage OC as sprays for the other states.

 

So in NY you can't have a strong one but you can have a big weak one, and in NJ you can't have a big one but you can have a strong small one.

 

So if you cross from NY to NJ and want to be legal all the time, you have to have a weak and small one in order to be compliant in both states.

 

I don't know if anyone has ever been prosecuted for having one over the volume limit in NJ or over the %OC limit in NY.

[Pizza Bob 1,488]

My problem with this is I have never seen a pepper spray container labeled as to how many ounces (or factions thereof) they contain.

 

I believe that consumer law requires them to be labled with the volume they contain - you haven't looked closely enough.

 

One of the more effective devices is this...

 

http://www.kimberame...m/pepperblaster

 

which contains two shots, which combined are <.75 oz.

 

Adios,

 

Pizza Bob

[Krdshrk 3,878]

If you're buying online you can see the amount inside.

ie:

http://www.midwayusa.com/product/1152118354/cold-steel-inferno-pepper-spray-8-pct-oc-and-2-pct-black-pepper-foam-black

 

Sizes available:

 

7 Gram

 

11.3 Gram

 

37 Gram

 

70 Gram

 

112 Gram

 

300 Gram

 

You can get the 7gram and 11.3 gram.

 

Max size you can get in grams is 21