Is Pepper Spray Legal To Carry in Oklahoma?

In Oklahoma pepper spray is a self defense weapon. There are several non-lethal weapons that are allowed to be carried without a permit. The non-lethal must be carried for a legal purpose and by a person legal able to carry this non-lethal. Traditional chemical mace is classified as an irritant and is like tear gas. According to Oklahoma Law (21 O. S. § 1272), it is not illegal to carry or possess mace in Oklahoma.

Unlawful Weapons In Oklahoma

Mace is considered a non-lethal weapon, which is anything that is not expected to produce death or serious injury by its intended use. These weapons differ from guns and knives, which are expected to grievously injure or cause death when used as intended. 

Any offensive weapon may be illegal to carry in Oklahoma. Examples of offensive weapons include a pistol, shotgun, revolver, rifle, loaded cane, blackjack, and metal knuckles. It does not matter whether the weapon is loaded or unloaded or whether the weapon is concealed or unconcealed. The Oklahoma Self-Defense Act and other city and state laws enable the possession and use of firearms. However, Oklahoma law does not specifically prohibit the use of mace.

Pepper Spray Defined

Originally introduced in the 1960s, mace is a chemical that has been used for protection of both law enforcement officers and common people alike. But, the original form of mace did not work on people who were under the influence of drugs or alcohol, so it was eventually taken off the market. Now, mace is a common name used to refer to self-defense products like pepper spray and tear gas.

How Is Mace Different From Pepper Spray?

Mace and pepper spray are not interchangeable terms for the same product. They are distinct forms of non-lethal self-defense. If you use any non-lethal weapon, such as mace or pepper spray, in an unreasonable manner or contrary to Oklahoma law, you risk criminal charges for assault with a dangerous weapon.

Pepper spray commonly causes inflammation of the eyes and the skin. It can cause temporary blindness, nausea, breathing difficulty, and an intense burning sensation. Mace does not cause any of these symptoms.

Pepper spray is classified as an inflammatory agent and will immediately incapacitate an attacker. It is available as a gel emitted in a fine stream that sticks to clothing and exposed skin. The aerosol form emits a heavy fog in the affected area. As a result, this form should not be used in smaller, confined spaces.

Illegal Uses of Mace

In Oklahoma, it is a felony to knowingly discharge, or cause to be discharged, any type of mace, pepper spray, or tear gas at a government agent during their official course of duty. Government agents include peace officers, probation or parole officers, corrections officers, firefighters, and emergency medical technicians or paramedics. You face up to ten years in prison for violating this law.

Tulsa Criminal Defense Attorneys

It is not uncommon for law-abiding citizens to use non-lethal self-defense weapons for the personal safety of themselves and their loved ones. It is important to remember that these weapons must be used in a reasonable manner, or criminal charges such as assault, battery, or assault and battery with a dangerous weapon may result. The Tulsa Oklahoma criminal defense attorneys at Kania Law Office are experienced in handling cases that involve criminal allegations for the unlawful use of weapons, including traditional non-lethal weapons. We can use our knowledge of Oklahoma law to help you achieve the best possible result in your case. For more information about how our lawyers can help you call 918-743-2233 or contact us online.