Pepper Spray Laws – Kansas

Kansas is a state known for being generally affirmative of self-defense, and this attitude extends to the use of defensive sprays by civilians.

flag of Kansas

All sorts of defensive spray formulations, capacities, and other characteristics are permitted for ownership and for carrying with essentially no restrictions on sales, purchase, or age.

Kansas definitely won’t be getting in your way with any odious laws if you want to incorporate pepper spray as part of your self-defense plan when visiting or living in the state.

We will share with you the rest of the information you need to know as well as a selection of pertinent statutes governing the use of pepper spray at the end of this article.

Pepper Spray State Laws Kansas—What's Legal?

Fast Facts

  • There are no restrictions on formulation or ingredients in Kansas so long as they are not intended to cause any permanent harm. Pepper sprays and tear gas sprays are permitted, as are blends.
  • There’s also no restriction concerning the capacity of one’s chosen defensive spray. Tiny key ring canisters are allowed as are larger, more capable crowd control models.
  • Anyone may possess pepper or other defensive sprays in the state so long as they are only carried for purposes of self-defense and not misused in an illegal manner.
  • Pepper sprays and other defensive sprays may be freely bought and sold inside the state and may be shipped to addresses within Kansas from out of state.

Overview

We are happy to report that Kansas really does not have anything in the way of state statutes that restrict civilian possession and use of pepper spray or other formulations of defensive spray for legitimate purposes of self-defense.

They do not make any mention or other restrictions of formulation, so you’ll be able to choose from OC, CN, CS, chemical mace or any combination of the above ingredients to suit your purposes.

It is worth noting that it is always a good idea to choose a commercially available purpose-made product for your defensive spray.

Don’t use wasp spray, and don’t use any homemade, hillbilly formulation that your cousin Jack cooked up for you.

Likewise, the size of the canister or dispenser is of no concern in Kansas, and citizens are allowed to carry the tiniest of half-ounce keychain-sized models or the largest, multi-ounce crowd control or riot dispersal models.

This overall permissiveness allows one broad latitude in choosing the right tool for your defensive means, be it personal defense, home defense, or even disaster preparation.

Also, and it shouldn’t need to be said but I’m going to say it anyway, you should never, ever use pepper spray or any other defensive spray or any purpose except one of legitimate self-defense.

Don’t use it for a prank, a gag or any illicit purpose, as doing so will be a crime and likely a felony in the state, despite the mention of defensive sprays in particular throughout the written statutes.

So long as you don’t misbehave with your pepper spray you won’t have any problems in Kansas.

Conclusion

Kansas lacks almost entirely written restrictions concerning civilian possession of pepper spray and other defensive sprays.

There are no laws restricting the formulation of said sprays or the capacity.

So long as you are carrying a commercially available, purpose-made defensive spray and only use it in case of a legitimate need for personal protection there is very little else to tell regarding the state of pepper spray ownership in Kansas.

Relevant State Statutes

21-5221. Use of force; definitions. 

(a) As used in article 32 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, K.S.A. 2019 Supp. 21-5202 through 21-5208, 21-5210 through 21-5212, and 21-5220 through 21-5231, and K.S.A. 2019 Supp. 21-3212a, 21-3220 and 21-3221, and amendments thereto:

(1) “Use of force” means any or all of the following directed at or upon another person or thing: (A) Words or actions that reasonably convey the threat of force, including threats to cause death or great bodily harm to a person; (B) the presentation or display of the means of force; or (C) the application of physical force, including by a weapon or through the actions of another.

(2) “Use of deadly force” means the application of any physical force described in paragraph (1) which is likely to cause death or great bodily harm to a person. Any threat to cause death or great bodily harm, including, but not limited to, by the display or production of a weapon, shall not constitute use of deadly force, so long as the actor’s purpose is limited to creating an apprehension that the actor will, if necessary, use deadly force in defense of such actor or another or to affect a lawful arrest.

(b) An actor who threatens deadly force as described in subsection (a)(1) shall be subject to the determination in subsection (a) of K.S.A. 21-3211, prior to its repeal, or subsection (a) of K.S.A. 2019 Supp. 21-5222, and amendments thereto, and not to the determination in subsection (b) of K.S.A. 21-3211, prior to its repeal, or subsection (b) of K.S.A. 2019 Supp. 21-5222, and amendments thereto.


21-5222. Same; defense of a person; no duty to retreat. 

(a) A person is justified in the use of force against another when and to the extent it appears to such person and such person reasonably believes that such use of force is necessary to defend such person or a third person against such other’s imminent use of unlawful force.

(b) A person is justified in the use of deadly force under circumstances described in subsection (a) if such person reasonably believes that such use of deadly force is necessary to prevent imminent death or great bodily harm to such person or a third person.

(c) Nothing in this section shall require a person to retreat if such person is using force to protect such person or a third person.


21-5223. Same; defense of dwelling, place of work or occupied vehicle; no duty to retreat. 

(a) A person is justified in the use of force against another when and to the extent that it appears to such person and such person reasonably believes that such use of force is necessary to prevent or terminate such other’s unlawful entry into or attack upon such person’s dwelling, place of work or occupied vehicle.

(b) A person is justified in the use of deadly force to prevent or terminate unlawful entry into or attack upon any dwelling, place of work or occupied vehicle if such person reasonably believes that such use of deadly force is necessary to prevent imminent death or great bodily harm to such person or another.

(c) Nothing in this section shall require a person to retreat if such person is using force to protect such person’s dwelling, place of work or occupied vehicle.


21-5224. Use of force; presumptions. 

(a) For the purposes of K.S.A. 21-3211 and 21-3212, prior to their repeal, or K.S.A. 2019 Supp. 21-5222 and 21-5223, and amendments thereto, a person is presumed to have a reasonable belief that deadly force is necessary to prevent imminent death or great bodily harm to such person or another person if:

(1) The person against whom the force is used, at the time the force is used:

(A) Is unlawfully or forcefully entering, or has unlawfully or forcefully entered, and is present within, the dwelling, place of work or occupied vehicle of the person using force; or

(B) has removed or is attempting to remove another person against such other person’s will from the dwelling, place of work or occupied vehicle of the person using force; and

(2) the person using force knows or has reason to believe that any of the conditions set forth in paragraph (1) is occurring or has occurred.

(b) The presumption set forth in subsection (a) does not apply if, at the time the force is used:

(1) The person against whom the force is used has a right to be in, or is a lawful resident of, the dwelling, place of work or occupied vehicle of the person using force, and is not subject to any order listed in K.S.A. 21-3843, prior to its repeal, or K.S.A. 2019 Supp. 21-5924, and amendments thereto, that would prohibit such person’s presence in the property;

(2) the person sought to be removed is a child, grandchild or is otherwise in the lawful custody or under the lawful guardianship of the person against whom the force is used;

(3) the person using force is engaged in the commission of a crime, attempting to escape from a location where a crime has been committed, or is using the dwelling, place of work or occupied vehicle to further the commission of a crime; or

(4) the person against whom the force is used is a law enforcement officer who has entered or is attempting to enter a dwelling, place of work or occupied vehicle in the lawful performance of such officer’s lawful duties, and the person using force knows or reasonably should know that the person who has entered or is attempting to enter is a law enforcement officer.


21-5412. Assault; aggravated assault; assault of a law enforcement officer; aggravated assault of a law enforcement officer. 

(a) Assault is knowingly placing another person in reasonable apprehension of immediate bodily harm;

(b) Aggravated assault is assault, as defined in subsection (a), committed:

(1) With a deadly weapon;

(2) while disguised in any manner designed to conceal identity; or

(3) with intent to commit any felony.

(c) Assault of a law enforcement officer is assault, as defined in subsection (a), committed against:

(1) A uniformed or properly identified state, county or city law enforcement officer while such officer is engaged in the performance of such officer’s duty;

(2) a uniformed or properly identified university or campus police officer while such officer is engaged in the performance of such officer’s duty; or

(3) a uniformed or properly identified federal law enforcement officer as defined in K.S.A. 2019 Supp. 21-5413, and amendments thereto, while such officer is engaged in the performance of such officer’s duty.

(d) Aggravated assault of a law enforcement officer is assault of a law enforcement officer, as defined in subsection (c), committed:

(1) With a deadly weapon;

(2) while disguised in any manner designed to conceal identity; or

(3) with intent to commit any felony.

(e) (1) Assault is a class C person misdemeanor.

(2) Aggravated assault is a severity level 7, person felony.

(3) Assault of a law enforcement officer is a class A person misdemeanor.

(4) Aggravated assault of a law enforcement officer is a severity level 6, person felony. A person convicted of aggravated assault of a law enforcement officer shall be subject to the provisions of K.S.A. 2019 Supp. 21-6804(g), and amendments thereto.


21-5413. Battery; aggravated battery; battery against certain persons; aggravated battery against certain persons. 

(a) Battery is:

(1) Knowingly or recklessly causing bodily harm to another person; or

(2) knowingly causing physical contact with another person when done in a rude, insulting or angry manner.

(b) Aggravated battery is:

(1) (A) Knowingly causing great bodily harm to another person or disfigurement of another person;

(B) knowingly causing bodily harm to another person with a deadly weapon, or in any manner whereby great bodily harm, disfigurement or death can be inflicted; or

(C) knowingly causing physical contact with another person when done in a rude, insulting or angry manner with a deadly weapon, or in any manner whereby great bodily harm, disfigurement or death can be inflicted;

(2) (A) recklessly causing great bodily harm to another person or disfigurement of another person;

(B) recklessly causing bodily harm to another person with a deadly weapon, or in any manner whereby great bodily harm, disfigurement or death can be inflicted; or

(3) (A) committing an act described in K.S.A. 8-1567, and amendments thereto, when great bodily harm to another person or disfigurement of another person results from such act; or

(B) committing an act described in K.S.A. 8-1567, and amendments thereto, when bodily harm to another person results from such act under circumstances whereby great bodily harm, disfigurement or death can result from such act; or

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