Yes, it is illegal to use bear spray on humans, at least right here in the United States, which is the case in most situations. But people often confuse it with pepper spray, which is mostly used in self-defense, but things aren’t that simple, actually. So let’s clear some doubts here first, shall we?
Why People Even Ask This Question
Many people are aware that bear spray is allowed to be purchased and carried in most states of the United States. Hence, a lot of them naturally assume that it is also legal to use it on a person in case they threaten one. There are some who even believe that since bear spray works on big animals, it should be even more effective on a human.
And this is how the misunderstanding starts.
Something being legal to own does not necessarily mean that you are allowed to use it in any way you want. The law treats ownership and usage very differently.
This article is about a very simple question: is it legal in the U.S. to use bear spray on another person? To answer that, we have to examine the nature of bear spray and its intended use first.
What Bear Spray Really Is
Bear spray is a powerful chemical spray that is designed specifically to stop an aggressive bear. It is made up of oleoresin capsicum, which is basically hot peppers. When the spray is released, it forms a huge cloud that irritates the eyes, nose, throat, and lungs very intensely.
Bear spray is not a kind of weapon that can hurt or harm anyone permanently. The whole idea behind it is to give a person enough time to run away by confusing a bear with overloaded senses.
Bear spray falls under the regulation of the Environmental Protection Agency (EPA) as a pesticide. Simply put, it means the only use that this product is authorized for is deterring bears and other large wildlife. The use of the product on humans is not allowed.
When you look at the label of any bear spray container, it says in no uncertain terms that the product is not intended for use on humans. This is an important point in the law.
Bear Spray vs Pepper Spray: Not the Same Thing
Even if the main active ingredients of the two sprays are similar, they are different in terms of the objectives for which they were developed.
One of the main uses of pepper spray is to protect an individual from an attacker. It is released in a thin jet, and its effective range is extremely short.
Bear spray, conversely, emits a large cloud that can be carried by the wind from 30 to 40 feet away. This feature helps to deter an animal that is charging, but the release of the spray in a public area can be risky. Anybody in the vicinity getting sprayed can, even inadvertently, be affected by it.
The law imposes a very different regime on bear spray because it is more potent, has a larger area of effect, and in addition, is not intended for human use.
Legal to Buy Does Not Mean Legal to Use
This is probably one of the most common misunderstandings.
It is legal to buy and carry bear spray in any of the U.S. states. However, this does not imply that you can lawfully use it on a human.
A simple example illustrates this perfectly. It is perfectly fine to have a baseball bat, but if you use it to hit someone, then you have committed a crime. It is the same with bear spray. When it is sprayed on a person, the law no longer recognizes it as bear spray, and it becomes a weapon in the eyes of the law.
