Current as of January 01, 2020 | Updated by FindLaw Staff
(a)(1) Except as otherwise provided in this section, any person who knowingly carries or has in his or her possession any tear gas or pepper spray in any form, or any person who knowingly carries or has in his or her possession any gun, bomb, grenade, cartridge, or other weapon designed for the discharge of tear gas or pepper spray, upon conviction is guilty of a Class A misdemeanor.
(2)(A) It is lawful for a person to possess or carry, and use, a container of tear gas or pepper spray to be used for self-defense purposes only.
(B) However, the capacity of the container shall not exceed one hundred fifty cubic centimeters (150 cc).
(b) The provisions of this section do not apply to any:
(1) Law enforcement officer while engaged in the discharge of his or her official duties; or
(2) Banking institution desiring to have possession of tear gas or pepper spray in any form for the purpose of securing funds in its custody from theft or robbery.
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