No, pepper spray is not illegal in New Jersey, and that too, as long as someone older than 18 years is carrying a specific small (under 0.75 oz) one, and mainly for the self defence purpose. That’s the only requirement, and if you meet that, you are pretty much good to go.
Why New Jersey Classifies Pepper Spray as a Weapon
New Jersey law considers pepper spray to be a weapon. Many people are taken aback by this since it is non-lethal and readily available for sale in numerous stores. Although it is not a gun or a knife, it is treated as a weapon because it inflicts pain and can incapacitate a person for a short time.
In view of this categorization, possession of pepper spray is, in fact, unlawful unless one is covered by a particular legal exemption. Merely buying pepper spray does not always mean that you have the right to carry it. Its legality is only granted by the law, which allows a very limited exception under stringent circumstances.
The Legal Exception That Allows Pepper Spray in New Jersey
According to the law in New Jersey, pepper spray is only allowed if the person meets all the necessary conditions.
To begin with, the individual carrying it should be 18 years or older. That means that a minor is not allowed to have pepper spray even if it is for self-defense. Besides, the person must not have a criminal record that Daniel’s the legal qualification to own or carry a weapon.
The volume of the pepper spray container is also regulated. It can’t be more than three-quarters of an ounce. There are lots of products that exceed this limit available both online and in brick-and-mortar stores, and one may be charged for carrying the wrong size. Besides, the spray must be non-lethal and only intended to produce temporary effects such as discomfort and not injuries that are serious or permanent.
In fact, carrying pepper spray for one’s own lawful self-defense only is what is allowed and that by far is the most significant reason.
If it is being carried for the purpose of intimidating, retaliating, or any other unlawful purpose then resulting violating do not get protection of the law.
Where Pepper Spray Is Allowed and Restricted
Generally, a person can carry a legal-sized pepper spray for selling purposes in most public places. Such places are streets, sidewalks, parks, and other similar public areas. On a private property the owner of the property can decide to allow or prohibit it.
Some places do not allow pepper spray at all, even if it is legal elsewhere. That is usually the case for schools, courthouses, government buildings, prisons, and the secure parts of airports. Breaking a place-based rule can still cause the law to come down hard on you.
When Using Pepper Spray Becomes Illegal
Just because you are allowed to carry pepper spray does not mean you have the right to use it indiscriminately. According to New Jersey law, pepper spray may only be used in genuine self-defense situations. There has to be a present danger, and an average person should believe that a physical attack is imminent.
One cannot justify the use of pepper spray by resorting to self-defense if pepper spray is used during fights, shouting matches or after the break-up of the situation. The law requires that one’s response be proportionate to the threat. If there is no threat of assault, pepper spray can be considered a weapon and lead to you being charged.
Judges scrutinize whether the fear was reasonable and to what extent the force was necessary. A person’s improper use of pepper spray can serve as a basis for the authorities to charge the pepper spray user.
