Pepper Spray Laws – North Dakota

North Dakota is one state that definitely supports its citizens’ rights to bear arms and defend themselves, and this extends to the use of self-defense sprays of all kinds.

Even compared with other pro-2nd Amendment and pro-civil rights states, North Dakota stacks up very favorably because the state statutes specify that self-defense sprays are not dangerous weapons, and ergo do not fall into the same categories of restriction or oversight that other weapons do.

flag of North Dakota

This is made even better by the fact that North Dakota does not restrict the type of spray carried by formula or size, so you can carry pretty much any kind of spray you want in this vast and open land.

Fast Facts

  • North Dakota is a highly permissive state for defensive spray use and ownership; it is not even classified as a dangerous weapon.
  • There are no restrictions on what size or capacity of canister you own or carry.
  • All sprays and blends are allowed so long as it is only an “irritating agent.” CN, CS and OC are all okay.

Overview

You can carry pretty much any kind of defensive spray you want to in the state of North Dakota. CN and CS tear gas, OC (or pepper spray), and even blended options are all on the table.

Even better, there is no restriction on the size or capacity of defensive sprays in North Dakota so you can tote along anything that makes you feel comfortable, from a super compact keychain canister to a beefy bottle suitable for soaking multiple attackers.

It is worth noting that North Dakota does not even classify defensive sprays of any kind as dangerous weapons, meaning they do not really fall under the proscriptions of other weapons laws in the state.

You must keep in mind, however, that any use of a defensive spray outside of an actual self-defense situation will open you up for all kinds of charges attended with such behavior; North Dakota does not treat a defensive spray as a frivolity or a practical joke. You must always use it responsibly.

When the time comes for you to procure a defensive spray in North Dakota you will be happy to know that the sale of it is virtually unregulated, and it can be had at all kinds of merchants or order directly right off of the internet.

Conclusion

North Dakota is a great state for self-defense, and that includes self-defense using pepper spray, and other defense sprays. Any formulation, any size and any quantity, it is legal in North Dakota.

North Dakota does not classify defense sprays as dangerous weapons, freeing them from many of the prohibitions that affect other defensive implements. This gives you a broad latitude concerning where you can carry it and how, all good things for the defensively-minded citizen.

Relevant State Statutes

62.1-01-01. General definitions.

As used in this title, unless the context otherwise requires:

“Dangerous weapon” includes any switchblade or gravity knife, machete, scimitar, stiletto, sword, dagger, or knife with a blade of five inches [12.7 centimeters] or more; any throwing star, nunchaku, or other martial arts weapon; any billy, blackjack, sap, bludgeon, cudgel, metal knuckles, or sand club; any slungshot; any bow and arrow, crossbow, or spear; any weapon that will expel, or is readily capable of expelling, a projectile by the action of a spring, compressed air, or compressed gas, including any such weapon, loaded or unloaded, commonly referred to as a BB gun, air rifle, or CO2 gun; and any projector of a bomb or any object containing or capable of producing and emitting any noxious liquid, gas, or substance. “Dangerous weapon” does not include a spray or aerosol containing CS, also known as ortho-chlorobenzamalonitrile; CN, also known as alpha-chloroacetophenone; or other irritating agent intended for use in the defense of an individual, nor does the term include a device that uses voltage for the defense of an individual, unless the device uses a projectile and voltage or the device uses a projectile and may be used to apply multiple applications of voltage during a single incident, then the term includes the device for an individual who is prohibited from possessing a firearm under this title.

“Direct supervision of an adult” means that an adult is present in such close proximity so as to be capable of observing and directing the actions of the individual supervised.

“Firearm” or “weapon” means any device that expels or is readily capable of expelling a projectile by the action of an explosive and includes any such device, loaded or unloaded, commonly referred to as a pistol, revolver, rifle, gun, machine gun, shotgun, bazooka, or cannon.

“Gaming site” means any room or premises licensed by the attorney general or by a city or county governing body to conduct legal gaming operations.

“Government building” means a building which is owned, possessed, or used by or leased to the state of North Dakota, or any of its political subdivisions.


62.1-01-03. Limitation on authority of political subdivision regarding firearms.

A political subdivision, including home rule cities or counties, may not enact any ordinance relating to the purchase, sale, ownership, possession, transfer of ownership, registration, or licensure of firearms and ammunition which is more restrictive than state law. All such existing ordinances are void.

62.1-02-01. Persons who are not to possess firearms – Penalty.

1 a. A person who has been convicted anywhere of a felony offense involving violence
or intimidation in violation of chapters 12.1-16 through 12.1-25 or an equivalent
felony offense of another state or the federal government is prohibited from
owning a firearm or having one in possession or under control from the date of
conviction and continuing for a period of ten years after the date of conviction or
the date of release from incarceration, parole, or probation, whichever is latest.

b. A person who has been convicted anywhere of a felony offense of this or another
state or the federal government not provided for in subdivision a or who has been
convicted of a class A misdemeanor offense involving violence or intimidation in
violation of chapters 12.1-16 through 12.1-25 or an equivalent offense of another
state or the federal government and the offense was committed while using or
possessing a firearm, a dangerous weapon, or, as defined in section 12.1-01-04,
a destructive device or an explosive, is prohibited from owning a firearm or having
one in possession or under control from the date of conviction and continuing for
a period of five years after the date of conviction or the date of release from
incarceration, parole, or probation, whichever is latest.

c. A person who is or has ever been diagnosed and confined or committed to a
hospital or other institution in this state or elsewhere by a court of competent
jurisdiction, other than a person who has had the petition that provided the basis
for the diagnosis, confinement, or commitment dismissed under section
25-03.1-17, 25-03.1-18, or 25-03.1-19, or equivalent statutes of another
jurisdiction, as a person requiring treatment as defined in section 25-03.1-02, or
as a mentally deficient individual, is prohibited from purchasing a firearm or
having one in possession or under control. This limitation does not apply to a
person who has not suffered from the disability for the previous three years or
who has successfully petitioned for relief under section 62.1-02-01.2.

d. A person under the age of eighteen years may not possess a handgun except
that such a person, while under the direct supervision of an adult, may possess a
handgun for the purposes of firearm safety training, target shooting, or hunting.
A person who violates subdivision a or b is guilty of a class C felony, and a person who
violates subdivision c or d is guilty of a class A misdemeanor.

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