Tennessee Pepper Spray Laws: Statute Overview
Generally, pepper spray is legal for a person 18 years of age or older to possess in Tennessee. Commercial pepper sprays, including CBD-infused sprays, are legal in the state but cannot be marked for sale as a weapon. Tennessee has no state laws that prohibit the carrying or use of pepper spray. That said, possession of the following is prohibited:
– Conics; or
– Any chemical substance, compound, mixture, or preparation that is made by mixing one or more of the regulated ingredients with caustic or corrosive ingredients, including:
o Acids;
o Bases;
o Alcohol; or
o Salts that form a persistent smear or stain on cloth or skin.
As per Tennessee code Ann . 39-17-433, it is a Class E felony for a person to carry a "club lethal weapon" and a Class A misdemeanor in case of a first offense for a person to carry such a weapon as listed below:
- Billy, night stick, or tie stick made of "spongy rubber or other comparable material" with a length of 12-20 inches and a diameter of 2-3 inches;
- Nunchaku with a length of 8-12 inches and) a length of 1-2 inches;
- Cane, including concealed, sword cane, scout cane, or walking stick with a usable blade capacity of 5-12 inches;
- Blackjack, including slung shot, sap, or other common name for such a weapon and having a length of 12-20 inches and diameter of 2-3 inches; or
- Whip with a length of 12-20 inches and a diameter of 2-3 inches.
The penalties may also extend to non-residents for carrying a club lethal weapon in Tennessee.
Minimum Age and Carrying Conditions for Pepper Spray
Tennessee law regarding the age at which a person can legally possess a pepper spray weapon can be ambiguous, resulting in uncertainty for individuals who want to make self-defense capacity one of the tools in their safety arsenal. For starters, there are no state laws specific to the issue of pepper spray and age.
In general, Tennessee gun laws regulate transfer of firearms based on age and prohibit possession of certain firearms by specified age groups. A person must be 21-years-old or older to possess a firearm in the state of Tennessee, however there are several exceptions to that rule. If a person arriving in Tennessee from another state were stopped for a traffic violation with a firearm in their possession, the officer would likely let the person continue on without incident if they were older than 18 but not yet 21 unless there was significant further cause for suspicion of criminal activity. While not a firearm, pepper spray weapons are used as self-defense, therefore it is not unreasonable to conclude that Tennessee law would impose similar age restrictions on the possession of pepper spray weapons. We say this understanding is not unreasonable because of the possession of pepper spray by minors in other states – even when not specifically defined in gun and gun accessory laws.
There is only one municipal ordinance in Tennessee that deals with the sale and possession of pepper spray products. The City of Memphis passed a relatively explicit ordinance prohibiting anyone under the age of 16 from possessing pepper spray. This ordinance is not specifically prohibited in the state of Memphis and seems to only apply to the city. The Memphis Code defines a minor as a "person under the age of 18." Exemption to this prohibition on the possession of pepper spray is made for minors accompanied by their parent or legal guardian who withholds consent. This ordinance purports to apply whether or not the pepper spray weapons are packaged, labeled, or otherwise represented as self-defense devices, regardless of their chemical composition, and regardless of whether the label provides notice of the prohibition on use of the pepper spray by minors.
Comparison: Tennessee vs. Other States’ Pepper Spray Laws
A survey of the laws governing the purchase and use of pepper spray in other states shows that Tennessee’s pepper spray legislation is fairly consistent with most other states, though not common among its immediate neighbors.
Florida:
Florida law is fairly permissive as far as pepper spray possession. There are no licensing or registration requirements for purchasing pepper spray. The only limitation is that the pepper spray must contain less than 10% of oleoresin capsicum, or approximately 5% concentration. Allowing some wiggle room through a chemical breakdown of the oleoresin capsicum compounds, Florida’s is somewhat looser with their restrictions than Tennessee’s.
Alabama and Arkansas:
The only permitting requirement in Alabama is for persons born on or after October 1, 1954 to obtain a permit to carry a concealed weapon, which includes pepper spray. Gun licenses are also accepted as permits to carry pepper spray, if issued by a state that has similar requirements as Alabama. Otherwise, there is no requirement for permits or registration for pepper sprays containing over 7.5% of active ingredients such as oleoresin capsicum. As the use of oleoresin capsicum is allowed, Alabama’s regulations are reciprocal with Tennessee’s.
Arkansas has no regulations on purchasing chemicals like oleoresin capsicum for personal use. However, permits are required for any person carrying around the spray. The only difference in the law is that permits are only for concealed guns or knives and prohibited for all other weapons, thus permitting the circumspect generality of oleoresin capsicum. Otherwise, the laws of Tennessee and Arkansas are reciprocal.
Missouri:
Missouri has no substantive laws governing the purchase or carrying of pepper spray. Missouri does not have any restrictions on the amount of active ingredient in pepper spray bottle, and therefore, is reciprocal with Tennessee.
Mississippi has no restrictions on pepper spray production, sale or use.
Buying Pepper Spray: Legal Regulations in Tennessee
Tennessee’s laws on pepper spray purchases follow a straightforward pattern: there are a lot of restrictions on its sale…but virtually no restrictions on its purchase. You can find pepper spray products at many major retailers and specialty shops throughout the state, including sporting goods stores, gun shops, and even convenience markets. The key here, as we mentioned above, is the distinction between purchasing and carrying pepper spray in Tennessee. Many stores do not check IDs before selling pepper spray (as they are not legally required to do so) and you are generally not required to show an ID when purchasing it.
Buying pepper spray is completely legal in Tennessee, but not exactly risk-free. If your pepper spray is discovered by law enforcement during an encounter in which you have used it against someone else, you could be charged with an offense related to that usage. While use of pepper spray in self-defense situations is not illegal in Tennessee, there may be validity to charges of a lesser offense such as "misuse of mace."
Self-Defense and Other Legal Grounds for Using Pepper Spray
Chapter 39 of Tennessee’s criminal code talks about self-defense and the legal justifications for the use of force in various situations, including the application of physical harm on another and deadly force. Under the law, one way we can legally harm someone is in self-defense. The law is pretty clear about when you are legally allowed to defend yourself from violent attacks. You cannot use force and expect it to be proven legitimate if you are the one who starts the altercation. You also can’t legally inflict harm with a weapon like pepper spray if you are simply protecting your property. You can only resort to self-defense if you have reason to believe your life or your well being is legitimately at stake. It is important, for example, that the weapon used for self-defense, such as a firearm or pepper spray , is something that the attacker could have realistically used against you. If you can easily overpower the attacker without having to lash out at them with pepper spray, then you likely don’t have a viable claim for self-defense.
There are two other important components that need to be part of the equation in order to discuss whether or not a pepper spray-induced attack is legitimate enough to qualify as self-defense: proportionality and immediacy. Proportionality means the threat level that has been posed to you must be equal to the level of force you use to protect yourself. In other words, violence must be met with an equal degree of violence. Immediacy means the threat you are facing must be real and happening at that moment. In other words, you can’t go attacking someone simply because you think they might be coming to attack you later.
Penalty for Pepper Spray Misuse
Tennessee lawmakers treat pepper spray in the same way they treat other potentially lethal weapons. If you use pepper spray on someone, you will face a variety of criminal and civil consequences.
Criminal Consequences
The first thing you should know about the use of pepper spray under Tennessee law is that there is no state statute that requires the user of such a nonlethal weapon to report its use to the police. You will not have to ask the police for pepper spray permits as you would for some other kinds of weapons. Still, you could be charged with any number of crimes if you use pepper spray inappropriately. If you did not actually need to use it in self-defense, then you could be charged with a Class A misdemeanor. The maximum penalty for this offense is 11 months and 29 days in jail and/or a fine of $2,500. If your pepper spray deployment harmed someone or was intended to cause harm, then you could be charged with aggravated assault. An aggravated assault charge is a Class D felony, and you may receive up to 12 years in jail as well as a fine of up to $5,000. You could be charged with attempted murder, and a conviction of this particular crime translates to 3 to 15 years in jail and a fine up to $25,000.
Civil Liability
The use of pepper spray can also lead to civil liability. In some cases, the courts believe that the person using the pepper spray acted in a way that was unreasonable. For example, if you had an intruder enter your home and used pepper spray on him before you knew whether he had a gun or any other form of weapon, then you would likely be at fault should the intruder sue you. If you use pepper spray and the person you used it on was either innocent or clearly not seeking to physically harm you or anyone else, then you may also be forced to answer in court for the damages that the other person suffered. This is especially the case if permanent injuries occurred. The monetary value of the damages can include medical expenses, pain and suffering and property damage. You could also still be liable if you used the spray on someone who was indeed trying to attack you and you overreacted, used too much or used the pepper spray when it was not warranted. You can also be charged with a civil tort for wrongful death if you kill someone with pepper spray because the courts see the act as negligent. Even if you are justified in using the pepper spray, you might still face some jail time or other consequences unless you can provide ample evidence to the court that you acted in self-defense. Do not use pepper spray unless you absolutely believe that you must, and try to keep witnesses nearby for when you do have to deploy it in a justified situation. Do not use the spray because of mere annoyance or inconvenience.
Pepper Spray Safety: Carrying & Usage Precautions
Preparation is the most important component of safety. If you carry pepper spray, there are a few things you should always do before you use it.
If you have to unclip the nozzle from your belt to make it accessible from your pocket, perhaps because you’re carrying something else in your pocket, reclip it back in immediately after you’ve finished with it. Keep the nozzle covered whenever possible, as the elements and general wear and tear can damage it over time.
Whenever you pick up your pepper spray, no matter how recent your purchase or last replacement, read the label or product description before you start using it. Check for the "best by" date on the canister to ensure you’re not using expired pepper spray—which is not going to work. Check for "leak-proof" or "resealable" technology. Exposed to too much humidity or rain, pepper spray will corrode. This is especially true if you’ve been carrying these cans in your car, while hiking in the rain, or close to the ocean frequently. Once you’ve confirmed that the canister is still fresh , check the nozzle. Is it cracked or broken? Is there any residue on the end? Do not attempt to dispense pepper spray if the nozzle is broken. This is a sign of a malfunction, which can be deadly to yourself or others. If using a keychain pepper spray, check the ring and nozzle to ensure the keys or other objects haven’t damaged the canister. If the canister is exposed to too hot or too cold temperatures, it can crack and start leaking. A canister that is leaking pepper spray can be a lethal threat to yourself, so check for leaks before using. Sometimes we’re so happy to get inside the house after a long day of lessons, work, and errands, that we simply clip our pepper spray back into our bag and leave it there overnight. However, this is a bad habit that encourages our pepper sprays to get bumped around in another high-traffic area, potentially resulting in damage or leaks. When you come home, even if you’re exhausted, take the time to resecure your pepper spray to a stable, central place within your home. If you live with others, ensure that they know to respect your space and possessions and not to touch your pepper spray without consulting with you first.