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Pepper Spray Laws

Is Pepper Spray Legal In SOUTH CAROLINA?

Pepper spray in SC is Legal with Restrictions.

Legal with Restrictions South Carolina law (S.C. Code Ann. Section 16-23-470) generally prohibits possessing, using, transporting, selling, or buying a "tear-gas machine or gun, or its parts, or any ammunition," except for law enforcement — but the statute contains an explicit civilian self-defense exception: "It is lawful for a person for self-defense purposes only to possess, use, transport, sell, or buy a tear-gas machine or gun, or its parts, or ammunition," subject to a size limit. Age minimum: No age minimum is stated within Section 16-23-470 itself for the self-defense exception. Size/concentration limit: The tear-gas cartridge, shell, or container used under the self-defense exception "shall not exceed fifty cubic centimeters" (50cc), and the device itself cannot be capable of shooting a cartridge, shell, or container larger than 50cc. Carry restrictions: The statute does not enumerate specific carry-location restrictions (e.g., schools, courthouses) for OC/tear-gas spray. Violation of the general prohibition (i.e., possession outside the self-defense exception, or above the size limit) is a misdemeanor punishable by up to 3 years imprisonment and/or a fine of up to $5,000. Statute: S.C. Code Ann. Section 16-23-470, "Illegal possession of tear-gas gun or ammunition." Primary source: https://www.scstatehouse.gov/code/t16c023.php This is general information, not legal advice. Laws change. Confirm current requirements with South Carolina authorities or your own counsel before purchasing or carrying.

Legal Information Last Verified: 2026-08-27