Pepper Spray Laws – Oklahoma

If you prefer to carry pepper spray or any other defensive spray for personal protection, you’ll find a lot to love about Oklahoma. Oklahoma is an overwhelmingly free state concerning civilian use and ownership of weapons, and pepper sprays are no exception.

Citizens may carry any formulation that they choose and in any quantity that they desire so long as they are only using it for legal, lawful purposes.

flag of Oklahoma

Oklahoma does forbid convicted felons from possessing pepper spray, and also has a specific law on the books mentioning the illegal use of pepper spray against known police officers and other public servants, but other than this there is hardly a mention of it in the statutes.

Keep reading and you’ll get all the info about pepper spray laws in the state of Oklahoma, and be sure to check out the included state statutes at the very end.

Fast Facts

  • Citizens are permitted to carry any typical formulation of defensive spray they want in the state of Oklahoma. Pepper spray and tear gas formulas as well as blends of both are permissible.
  • Citizens are allowed to carry any quantity of pepper spray or other defensive spray that they choose in Oklahoma. The state imposes no restrictions on capacity or payload.
  • Oklahoma State statutes do feature one law that specifically mentions the criminal use of pepper spray: the knowing use of any defensive spray against a police officer or other public servant is a serious felony punishable by 10 years in prison.
  • Convicted felons may not possess pepper spray or any other defensive spray in Oklahoma.

Overview

Oklahoma is a great state for pepper spray. Citizens and visitors will face absolutely no restrictions as to what formula they are permitted to carry or what quantity of spray they may possess.

You’ll be able to choose from OC, CN and CS formulas as typical but you may also carry blends of any of the above.

If you want to carry an ultra-compact key ring sized sprayer you’ll be in good shape, and you will also be in good shape if you choose to carry an extra large canister that is suitable for fending off multiple assailants.

Pepper sprays are also freely available for sale within the state, and may be purchased by citizens from elsewhere to be shipped into the state with no restriction.

But, and as always, we warn readers against purchasing any defensive spray from a fly-by-night manufacturer or vendor, or from attempting to brew their own spray for use in any dispenser.

Defensive sprays are a great choice for citizens not only because they are effective but because they have been carefully calibrated to do no lasting damage to an assailant the overwhelming majority of the time.

This “kinder and gentler” nature as a defensive weapon always helps you in the inevitable legal entanglement on the backside of a self-defense encounter.

Don’t jeopardize that by employing some dodgy formula that might permanently blind someone or cook their eyes right out of their head!

So far so good. However, Oklahoma does have one specific law pertaining to the criminal use of pepper sprays, tear gases, and any other defensive spray on their law books.

Any person who discharges their defensive spray against a police officer, firefighter, emergency medical technician or similar public servant who’s in the course of conducting their official duties faces a serious felony charge and up to 10 years in prison.

This law is obviously of little concern to good guy and good gal citizens, but it is always best to be aware of such things.

Lastly, Oklahoma prohibits convicted felons from possessing pepper spray in the state. If you are a convicted felon you’ll have to have your civil rights restored before you may legally possess pepper or any defensive spray.

Conclusion

Oklahoma is a broadly permissive state concerning citizen possession of defensive sprays. Oklahoma does not restrict civilian possession based on any formulation or on capacity in any way.

Oklahoma does, however, forbid convicted felons from possessing pepper spray and also has a specific law on the books that makes the deployment of defensive spray against a known public servant executing their official duties a significant felony.

So long as you are not deploying your defensive spray flippantly you’ll have no trouble in Oklahoma.

Relevant State Statutes

21-1272. Unlawful carry.

UNLAWFUL CARRY

A. Notwithstanding any other provision of law, it shall be unlawful for any person to carry upon or about his or her person, or in a purse or other container belonging to the person, any pistol, revolver, shotgun or rifle whether loaded or unloaded or any blackjack, loaded cane, hand chain, metal knuckles, or any other offensive weapon, whether such weapon be concealed or unconcealed, except this section shall not prohibit:

1. The proper use of guns and knives for self-defense, hunting, fishing, educational or recreational purposes;

2. The carrying or use of weapons in a manner otherwise permitted by statute or authorized by the Oklahoma Self-Defense Act;

3. The carrying, possession and use of any weapon by a peace officer or other person authorized by law to carry a weapon in the performance of official duties and in compliance with the rules of the employing agency;

4. The carrying or use of weapons in a courthouse by a district judge, associate district judge or special district judge within this state, who is in possession of a valid handgun license issued pursuant to the provisions of the Oklahoma Self-Defense Act and whose name appears on a list maintained by the Administrative Director of the Courts;

5. The carrying and use of firearms and other weapons provided in this subsection when used for the purpose of living history reenactment. For purposes of this paragraph, “living history reenactment” means depiction of historical characters, scenes, historical life or events for entertainment, education, or historical documentation through the wearing or use of period, historical, antique or vintage clothing, accessories, firearms, weapons, and other implements of the historical period; or

6. The carrying of a firearm, concealed or unconcealed, loaded or unloaded, by a person who is twenty-one (21) years of age or older or by a person who is eighteen (18) years of age but not yet twenty-one (21) years of age and the person is a member or veteran of the United States Armed Forces, Reserves or National Guard or was discharged under honorable conditions from the United States Armed Forces, Reserves or National Guard, and the person is otherwise not disqualified from the possession or purchase of a firearm under state or federal law and is not carrying the firearm in furtherance of a crime.

Except as provided in subsection B of Section 1283 of this title, a person who has been convicted of any one of the following offenses in this state or a violation of the equivalent law of another state:

a.assault and battery pursuant to the provisions of Section 644 of this title which caused serious physical injury to the victim,

b.aggravated assault and battery pursuant to the provisions of Section 646 of this title,

c.assault and battery that qualifies as domestic abuse as defined in Section 644 of this title,

d.stalking pursuant to the provisions of Section 1173 of this title,

e.a violation of an order issued under the Protection from Domestic Abuse Act or a domestic abuse protection order issued by another state, or

f.a violation relating to illegal drug use or possession under the provisions of the Uniform Controlled Dangerous Substances Act,

(…)

21-1272.3. Unlawful discharge of stun gun or deleterious agent – Penalties.

It is unlawful for any person to knowingly discharge, or cause to be discharged, any electrical stun gun, tear gas weapon, mace, tear gas, pepper mace or any similar deleterious agent against another person knowing the other person to be a peace officer, corrections officer, probation or parole officer, firefighter, or an emergency medical technician or paramedic who is acting in the course of official duty. Any person violating the provisions of this section, upon conviction, shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term of not exceeding ten (10) years, or by imprisonment in the county jail for a term of not exceeding one (1) year.

21-1276. Penalty for 1272 and 1273.

PENALTY FOR 1272 AND 1273

Any person violating the provisions of Section 1272 or 1273 of this title shall, upon a first conviction, be adjudged guilty of a misdemeanor and the party offending shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Two Hundred Fifty Dollars ($250.00), or by imprisonment in the county jail for a period not to exceed thirty (30) days or both such fine and imprisonment. On the second and every subsequent violation, the party offending shall, upon conviction, be punished by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for a period not less than thirty (30) days nor more than three (3) months, or by both such fine and imprisonment.

Any person convicted of violating the provisions of Section 1272 or 1273 of this title after having been issued a handgun license pursuant to the provisions of the Oklahoma Self-Defense Act shall have the license suspended for a period of six (6) months and shall be liable for an administrative fine of Fifty Dollars ($50.00) upon a hearing and determination by the Oklahoma State Bureau of Investigation that the person is in violation of the provisions of this section.

21-1277v1. Unlawful carry in certain places.

UNLAWFUL CARRY IN CERTAIN PLACES

A. It shall be unlawful for any person, including a person in possession of a valid handgun license issued pursuant to the provisions of the Oklahoma Self-Defense Act, to carry any concealed or unconcealed handgun into any of the following places:

1. Any structure, building, or office space which is owned or leased by a city, town, county, state or federal governmental authority for the purpose of conducting business with the public;

2. Any courthouse, courtroom, prison, jail, detention facility or any facility used to process, hold or house arrested persons, prisoners or persons alleged delinquent or adjudicated delinquent, except as provided in Section 21 of Title 57 of the Oklahoma Statutes;

3. Any public or private elementary or public or private secondary school, except as provided in subsections C and D of this section;

4. Any publicly owned or operated sports arena or venue during a professional sporting event, unless allowed by the event holder;

5. Any place where gambling is authorized by law, unless allowed by the property owner; and

6. Any other place specifically prohibited by law.

(…)

G. No person in possession of a valid handgun license issued pursuant to the provisions of the Oklahoma Self-Defense Act or who is carrying or in possession of a firearm as otherwise permitted by law or who is carrying or in possession of a machete, blackjack, loaded cane, hand chain or metal knuckles shall be authorized to carry the firearm, machete, blackjack, loaded cane, hand chain or metal knuckles into or upon any college, university or technology center school property, except as provided in this subsection. For purposes of this subsection, the following property shall not be construed to be college, university or technology center school property:

1. Any property set aside for the use or parking of any motor vehicle, whether attended or unattended, provided the firearm, machete, blackjack, loaded cane, hand chain or metal knuckles are carried or stored as required by law and the firearm, machete, blackjack, loaded cane, hand chain or metal knuckles are not removed from the motor vehicle without the prior consent of the college or university president or technology center school administrator while the vehicle is on any college, university or technology center school property;

2. Any property authorized for possession or use of firearms, machetes, blackjacks, loaded canes, hand chains or metal knuckles by college, university or technology center school policy; and

3. Any property authorized by the written consent of the college or university president or technology center school administrator, provided the written consent is carried with the firearm, machete, blackjack, loaded cane, hand chain or metal knuckles and the valid handgun license while on college, university or technology center school property.

(…)

21-1278. Unlawful intent to carry.

UNLAWFUL INTENT TO CARRY

Any person in this state who carries or wears any deadly weapons or dangerous instrument whatsoever with the intent or for the avowed purpose of unlawfully injuring another person, upon conviction, shall be guilty of a felony punishable by a fine not exceeding Five Thousand Dollars ($5,000.00), by imprisonment in the custody of the Department of Corrections for a period not exceeding two (2) years, or by both such fine and imprisonment. The mere possession of such a weapon or dangerous instrument, without more, however, shall not be sufficient to establish intent as required by this section.

Any person convicted of violating the provisions of this section after having been issued a handgun license pursuant to the provisions of the Oklahoma Self-Defense Act shall have the license permanently revoked and shall be liable for an administrative fine of One Thousand Dollars ($1,000.00) upon a hearing and determination by the Oklahoma State Bureau of Investigation that the person is in violation of the provisions of this section.

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