Pepper Spray Laws
Is Pepper Spray Legal In WEST VIRGINIA?
Pepper spray in WV is Legal.
Legal. West Virginia law does not classify pepper spray as a "deadly weapon" when used for self-defense, so it falls outside the licensing, minors-possession, and school/courthouse weapon-possession restrictions that apply to deadly weapons under W. Va. Code Section 61-7 (Dangerous Weapons). W. Va. Code Section 61-7-2(b) defines "pepper spray" as "a temporarily disabling aerosol that is composed partly of capsicum oleoresin and causes irritation, blinding of the eyes, and inflammation of the nose, throat, and skin that is intended for self-defense use," and the same section excludes pepper spray from the "deadly weapon" definition "when used by any person solely for self-defense purposes." Age minimum: No West Virginia statute setting a minimum purchase or possession age specifically for pepper spray was located. Size/concentration limit: No West Virginia statute imposing a maximum canister size or OC concentration cap for civilian self-defense pepper spray was located. Carry restrictions: Because pepper spray used solely for self-defense is excluded from the "deadly weapon" definition, the deadly-weapon bans in schools and courthouses under W. Va. Code Section 61-7-11a do not appear on their face to reach self-defense pepper spray; individual school, courthouse, or federal-facility security policies may still restrict it. Statute: W. Va. Code Section 61-7-2(b) (Article 7, Dangerous Weapons — definitions). Primary source: https://code.wvlegislature.gov/61-7-2/ This is general information, not legal advice. Laws change. Confirm current requirements with West Virginia authorities or your own counsel before purchasing or carrying.