Pepper Spray Laws
Is Pepper Spray Legal In Delaware?
Pepper spray in DE is Legal.
Legal Delaware does not have a statute that generally prohibits civilian purchase, possession, or carry of pepper spray / OC (oleoresin capsicum) spray. Title 11, Del. C. Section 222(8) defines "disabling chemical spray" to include "mace, tear gas, pepper spray or any other mixture containing quantities thereof, or any other aerosol spray or any liquid, gaseous or solid substance capable of producing temporary physical discomfort, disability or injury through being vaporized or otherwise dispersed in the air, or any canister, container or device designed or intended to carry, store or disperse such aerosol spray or such gas or solid." (https://delcode.delaware.gov/title11/c002/index.html) Age minimum: No Delaware statute specifically setting a minimum age to purchase or possess disabling chemical spray/pepper spray was located in the primary source review of Title 11, Chapters 2 and 5. Size/concentration limit: No statutory limit on size, volume, or OC concentration was found. Carry restrictions: No general carry restriction (e.g., schools, government buildings) specific to disabling chemical spray was located. Criminal-use enhancement: using a "disabling chemical spray" to commit an assault against a law-enforcement officer, or against any person while committing another enumerated crime, elevates the offense to Assault in the Second Degree under 11 Del. C. Section 612(a)(7)-(8) (https://delcode.delaware.gov/title11/c005/sc02/index.html). This is a penalty enhancement for criminal misuse, not a restriction on lawful purchase, possession, or carry. This is general information, not legal advice. Laws change. Confirm current requirements with Delaware authorities or your own counsel before purchasing or carrying.