Is Pepper Spray Legal in Colorado?
In Colorado, pepper spray is legal for self-defense use, but there are a few restrictions. First, you may not possess, carry, or use pepper spray on school grounds, or for any purpose on the campus of an institution of higher education. The only exceptions to this are if you’re attending a sporting event (as opposed to using it) or are attending a cultural event that is held on school property but is not school-related, such as a traveling concert. Additionally, in Colorado it is illegal to use pepper spray – or any other self-defense tool – against a police officer or other law enforcement personnel. This is classified as a felony assault in the second degree , which can result in a prison term of two to six years. A third exception concerns those who may use pepper spray for work. Permit holders under the State of Colorado "Occupational Therapy Practice Act" must meet certain requirements when using chemical agents. They should be labeled as per the state guidelines, and the labeling must state that the agent is only used for safety purposes by the holder of the practice permit. In addition, the Occupational Therapist must have received additional training in the handling of chemical agents.
Who Can Own Pepper Spray in Colorado?
Under Colorado law, you do not need a permit to buy or carry pepper spray. However, there are rules controlling who can or cannot use pepper spray.
For example, Colorado law prohibits people under 18 from buying or carrying pepper spray. You also cannot legally carry a weapon loaded with pepper spray (and cannot buy or sell pepper spray canisters to someone who’s carrying a weapon). Attorneys also count as ‘officers’ under the law and are prohibited from carrying a pepper spray canister that is concealed in any way.
Even if you are carrying pepper spray legally, you must use it only in self-defense. For instance, you can carry pepper spray like a stick of deodorant and keep it on your bedside table. But if you use a pepper spray holster or clip to attach the canister to your belt or purse, you will be violating the concealed weapon law (which makes carrying a firearm, knife or similar weapon hidden from common observation a Class 5 felony).
Limitations on Usage and Possession
Pepper spray laws can be tricky because the wording is ambiguous. In Colorado, you can carry any amount of pepper spray (even a large canister) in public without any type of permit or license. But, there are restrictions on how you can use it.
If you carry pepper spray in Colorado, it cannot be larger than 4 ounces and cannot contain more than 18% OC (the ingredient that causes the burning sensation). While carrying the pepper spray in public is lawful, it is prohibited to carry pepper spray in public schools, and the penalties depend on whether you are a student or not:
The inherent purpose of pepper spray is to incapacitate a person long enough to get away or call for help. Without reading too much into the language of the law, pepper spray is not meant to be used for lawfully carrying pepper spray to simply inconvenience someone else. Therefore, if you have no actual fear of immediate bodily harm, you cannot spray someone else simply because he or she is being a nuisance, disrespectful, intimidating or because you just don’t like his or her haircut.
In addition to pepper spray, it is prohibited to use chemical mace at any place of business or on public school grounds. You can carry chemical mace in public, but you cannot legally spray someone if you feel threatened or fear bodily harm.
Chemical mace differs from commercial-grade pepper spray by including lacrimatory agent, which induces tears in the eyes, as opposed to simply burning irritation. There are criminal consequences for ignoring the prohibition against using chemical mace.
Consequences of Wrongfully Using Pepper Spray
There are penalties for illegally using or (more generally) misusing pepper spray in Colorado. Misusing pepper spray includes:
- failing to display a red tip to the canister, and/or not labeling the canister with your name, address, and phone number;
- failing to keeping the canister in a place away from inner pockets;
- using industrial-strength pepper spray (rather than that meant for civilians);
- bringing pepper spray onto commercial airliners;
- purposely spraying pepper spray into someone else’s face; and/or
- using pepper spray for purposes other than self-defense.
Violating any of these laws is a class 1 petty offense. Penalties may include up to six months in jail and/or a fine of up to $500. A class 1 petty offense in Colorado is a violation for which you may face up to six months in jail and/or up to $500 in fines. Also, Keeping a Dangeroud Weapon, such as pepper spray, in a Vehicle is a class 6 felony. Penalties may include up to 18 months in prison, five years of parole, and a fine of up to $100,000.
Self-Defense and Pepper Spray as a Weapon
Pepper Spray & The Allegations of Self-Defense
Colorado law gives individuals the right to use reasonable physical force to protect themselves, but this right is not unconditional, nor does it provide carte blanche to carry any form of weapon to protect oneself against crime. To justify using physical force, whether that be pepper spray or any other form of physical force, you must have a reasonable belief that this physical force is necessary to defend yourself from the imminent use of unlawful physical force by another.
Pepper spray itself can present different legal outcomes depending upon the circumstances in which you apply it and your mindset at the time of application. You need to consider your mindset towards the aggressor. Do you believe the aggressor is going to initiate unlawful physical force against you? If yes, then the question is whether the degree of force you wish to use is reasonable given the alleged activity of the aggressor. Use of the chemical, however , can only be justified as a last resort. Pepper spray can only be applied to another person if you are faced with the imminent threat of that person engaging in unlawful physical force against you. If it is deemed that a reasonable person in your position would have attempted to retreat before using chemical spray (or such use of force was not a reasonable last resort), the law may deem that you committed a crime.
There is no single standard of self-defense found in the Colorado laws as C.R.S 18-1-704. The self-defense laws vary from crime to crime. The overall question, however, is whether a reasonable person in your position would believe that the use physical force was legally required. As discussed above, it is important to know that pepper spray cannot be used in all situations and that each situation must be considered on its own individual merits. Moreover, the right of self-defense is not absolute. Even if you had a reasonable belief that physical force was necessary, such belief must be genuine, not fabricated. In other words, if you are confronted with a neighbor acting belligerently, and react with chemical spray first and then call for help, you recreate the circumstances in which you used the spray. This may severely undermine any otherwise legal argument you present for its use.
Buying Pepper Spray in Colorado
Buying pepper spray in Colorado is a straightforward process, although some retailers only carry it in specific locations. Large retail chains that generally stock pepper spray include Dick’s Sporting Goods, J.C. Penney, Bass Pro Shops, Gander Mountain, and Dunham’s Sports. Local outdoor equipment shops around the state’s metro areas and other populated regions may have both defensive and bear safety pepper sprays, as well as marking spray, on hand. Gun shops and some convenience stores also sell the chemical, within commercial limits. In the Denver area, Academy Sports + Outdoors typically has a limited selection in stock.
Big box super centers like Walmart and Target do not usually carry OC spray in their stores. Some locally based retailers and online sellers offer alternatives to bear or dog pepper sprays that homeowners can use on pests like raccoons and rabbits, however.
Visitors and residents alike can shop for OC chemical on various websites like Zoro, a division of Grainger Inc.; peppersprayprotection.com; Armory Den; and The Home Security Superstore.
Similar State Laws Regarding Pepper Spray
While the use of pepper spray is permissible in Colorado, our neighboring states have more restrictions on possession and use. For example, in Utah the legal definition of pepper spray includes CS gas, oleoresin capsicum, or any combination of three or more irritants but does not include tear gas or any mixture of natural/synthetic irritants. Furthermore, possession of pepper spray in Utah is limited to 6 ounces in any one container; the maximum allowed by Colorado is 4 ounces. Utah places other restrictions on acts associated with carrying pepper spray, such as prohibiting an individual from bringing pepper spray into a building, public transportation facility, or at an airport. In Utah, you can also be charged with a misdemeanor for possessing pepper spray in any of the following locations: schools, universities, churches, hospitals, day care facilities, and public libraries. However, Utah does allow any individual to carry an umbrella, cane, or purse containing pepper spray, which is illegal in Colorado.
Nebraska prohibits the use of "chemical mace, pepper spray, tear gas, or any other substance that produces temporary pain or permanent injury by irritating the eyes or by choking or poisoning." Violations can result in a $100 fine. In Nebraska, those under the age of 18 are prohibited from possessing pepper spray, however, a 13 person trained and licensed by the Nebraska State Patrol can sell pepper spray to individuals that: (1) furnish a drivers license or School issued photo identification card showing he/she is at least 18 years of age and fingerprints and a photograph; (2) sign a form prepared by the Nebraska State Patrol stating that he/she is not a convicted felon and any unlawful use of the chemical mace, pepper spray , or tear gas will be reported to the Nebraska State Patrol.
New Hampshire places restrictions on the type of pepper spray an individual can possess. Specifically, all pepper spray must be manufactured in a manner ensuring that the aerosolized spray is of such a size as to be carried and used as a self-defense weapon. Colorado does not have specific size requirements for pepper spray.
Missouri requires individuals to be 18-years-old to buy, possess, sell or transfer any self-defense chemical weapon. In Colorado there is no minimum age to possess pepper spray, although retailers will frequently not sell to individuals under the age of 18. Missouri also requires that the buyer present valid government-issued identification and sign a statement attesting that the buyer has never been convicted of a felony crime. Again, these requirements do not directly discussed in either Colorado state or local laws.
Like most states, Hawaii does not specifically regulate the sale or possession of pepper spray. Hawaii does restrict ownership of pepper spray to individuals that are over the age of 18. Hawaii does prohibit the use of "tears gas" or similar substances for any purpose other than as a defense against physical harm. Hawaii also prohibits the manufacture, sale, offer for sale, or expose for sale any device containing noxious matter, including tear gas, within any county that permits the use of any dangerous contraband. Dangerous contraband, likewise, is prohibited in Colorado. However, it does not appear that any county in Colorado would qualify as a dangerous contraband jurisdiction that would restrict the sale, manufacture, or possession of pepper spray. As far as comparisons to sales in Hawaii, sales must be from a registered business premises and all business records must be maintained for three years by the seller of the item.