Tear gas and pepper spray are legal in California for adults 18 and older to buy, carry, and use, with no permit, license, or training required, provided the spray is used only for self-defense. California Penal Code Section 22810 sets the framework, and it comes with real limits: certain people cannot possess these sprays at all, canisters have to meet size and labeling rules, and using the spray outside genuine self-defense is a crime that can be charged as a felony.1California Legislative Information. California Penal Code Section 22810
Who Can Buy and Carry It
Any adult can walk into a store and buy pepper spray without a background check or special ID beyond proof of age. Retailers only need to confirm you are not a minor.
Teenagers 16 and 17 can possess tear gas in two situations: they are with a parent or guardian at the time of purchase, or they carry written consent signed by a parent or guardian.2California Legislative Information. California Penal Code Section 22815 Consent is not a formality. If the minor uses the spray for anything other than self-defense, the parent who signed off is jointly liable for the damages. Anyone under 16 cannot possess it at all.
Who Cannot Possess Tear Gas
Four categories of people are barred from buying, carrying, or using tear gas or pepper spray in California:
- Anyone convicted of a felony under federal, California, or any other jurisdiction’s laws.
- Anyone convicted of any assault-related crime, whether the charge was a misdemeanor or a felony.
- Anyone previously convicted under Penal Code 22810(g) of using tear gas for a purpose other than self-defense.
- Anyone addicted to a narcotic drug.
The third category is easy to miss. A single prior conviction for spraying someone outside of self-defense permanently disqualifies you from possessing tear gas going forward. The statute does not build in a waiting period or a path to restoration.1California Legislative Information. California Penal Code Section 22810
What Counts as a Legal Canister
Not every product sold online qualifies under California law. Penal Code 22810(e) sets three requirements:
- The device must be an aerosol spray. Anything that fires a projectile or delivers the agent through a non-aerosol method is off-limits to civilians.
- The container can hold no more than 2.5 ounces of net aerosol weight.
- The canister must carry a printed warning stating that use for any purpose other than self-defense is a crime and that the contents are dangerous.
Canisters must also show an expiration date and come with printed instructions at purchase.1California Legislative Information. California Penal Code Section 22810 Products bought from out-of-state or surplus sellers sometimes exceed 2.5 ounces or arrive without the required label. Check the markings before you leave the store.
When Use Is Lawful
The statute allows tear gas “solely for self-defense purposes.” That means you need a reasonable belief that you face an immediate physical threat. Spraying during an argument, in retaliation for an insult, or to intimidate someone is criminal, even if you own the canister legally.
Spraying a peace officer engaged in official duties triggers a separate offense under Penal Code 22810(g)(2). It applies when you know, or reasonably should know, that the person is a law enforcement officer. Frustration with an arrest or a crowd-control situation is not a defense.
Criminal Penalties
A standard violation of Penal Code 22810, whether for prohibited possession or misuse of the spray, is a wobbler. Prosecutors can charge it as either a misdemeanor or a felony.
- As a misdemeanor: up to one year in county jail, a fine of up to $1,000, or both.
- As a felony: 16 months, two years, or three years in state prison, a fine of up to $1,000, or both.
Using tear gas against an on-duty peace officer is charged as a straight felony with the same 16-month, two-year, or three-year prison range and a $1,000 fine. There is no misdemeanor option.1California Legislative Information. California Penal Code Section 22810 Courts may add probation or community service on top of a sentence.
Where You Cannot Bring It
Legal ownership does not mean you can carry the canister everywhere.
Federal Buildings and Courthouses
Federal law bans “dangerous weapons” in any building where federal employees regularly work, and the definition reaches tear gas because it is readily capable of causing serious bodily injury. A violation carries up to one year in federal prison, or up to two years for a federal court facility.3Office of the Law Revision Counsel. 18 U.S. Code 930 – Possession of Firearms and Dangerous Weapons in Federal Facilities California state courthouses screen out pepper spray and tear gas under their own security policies.
Schools
Most California school districts prohibit students from carrying tear gas or pepper spray on campus and at school-sponsored activities. If you have signed consent for your teenager to carry a canister, expect that it still has to stay off school grounds.
Airports and Flights
Tear gas and pepper spray cannot go in carry-on luggage. One container is allowed in checked baggage if it is 4 fluid ounces (118 mL) or less and has a safety mechanism to prevent accidental discharge.4Transportation Security Administration – TSA.gov. Pepper Spray Separately, federal hazmat rules bar self-defense sprays containing more than 2 percent tear gas (CS or CN) by mass from checked baggage entirely.5eCFR. 49 CFR 175.10 – Exceptions for Passengers, Crewmembers Since many California-legal products are pepper spray (OC) rather than tear gas (CS or CN), the active ingredient on the label decides whether a canister can fly. Individual airlines may add restrictions of their own.
Civil Liability
Criminal charges are not the only exposure. A person you spray can sue for assault and battery in civil court, and the civil standard is lower than the criminal one. A jury can hold you liable for medical bills, lost wages, and pain and suffering even if prosecutors never file charges.
Parents carry a specific statutory risk. Under Penal Code 22815(c), if you give written consent for a 16- or 17-year-old to carry tear gas and the minor uses it outside self-defense, you are jointly and severally liable for the damages.2California Legislative Information. California Penal Code Section 22815 The injured person can collect the full amount from you, from the minor, or from both.
Habits That Keep You on the Right Side of the Law
Most people who get in trouble with pepper spray in California did not plan to break the law. They sprayed in a moment of anger, bought an oversized canister online, or forgot the spray was in a bag at a security checkpoint. A few habits keep those problems away:
- Buy from a California retailer. In-state products are far more likely to meet the 2.5-ounce cap and carry the required warning label.
- Check the expiration date on the canister. An undated product is non-compliant, and an expired one may not work when you need it.
- Know whether your canister uses OC pepper spray or CS/CN tear gas. The active ingredient decides what federal rules apply if you fly.
- Leave the canister behind when your day includes a federal building, a courthouse, a school, or an airport. Locking it in the car is the safest choice.
- Deploy only when you can articulate a reasonable belief of imminent bodily harm. The statute does not permit warning sprays or scare tactics.