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Pepper Spray Laws

Is Pepper Spray Legal In VIRGINIA?

Pepper spray in VA is Legal.

Legal Pepper spray (OC / tear gas) is legal for civilians to purchase, possess, and use for self-defense in Virginia. Virginia's controlling statute is the "Illegal use of tear gas, phosgene and other gases" law, Va. Code Section 18.2-312, which criminalizes malicious or unlawful release of tear gas and similar substances but expressly exempts self-defense use: "Nothing herein contained shall prevent the use of tear gas or other gases by police officers or other peace officers in the proper performance of their duties, or by any person or persons in the protection of person, life or property." Primary source: https://law.lis.virginia.gov/vacode/18.2-312/ (Code of Virginia, Title 18.2, Chapter 7, Article 8). Age minimum: No Virginia statute sets a specific minimum age to purchase or possess pepper spray for self-defense; Section 18.2-312 contains no age provision. Size/concentration limit: No Virginia statute imposes a specific size, volume, or OC-concentration limit on civilian self-defense sprays. Carry restrictions: No Virginia statute-specific carry restriction on pepper spray was identified in this article of the code; general prohibitions on malicious or unlawful release still apply under Section 18.2-312, and separate Virginia laws on carrying weapons onto school property or into courthouses/government buildings apply case-by-case, independent of this statute. This is general information, not legal advice. Laws change. Confirm current requirements with Virginia authorities or your own counsel before purchasing or carrying.