Pepper Spray Laws – Wyoming

Wyoming is known for being sparsely populated, and also for having sparsely inhabited law books! No surprise then that Wyoming has effectively no laws specifically concerning civilian possession of pepper spray or other defensive sprays.

The state does not restrict any specific formulation, any specific type of dispenser or the quantity that citizens may carry. Such sprays are freely bought and sold in the state and maybe obtained and shipped in from elsewhere with no restriction.

Wyoming is a great state for pepper spray users, but keep reading to get the full scoop along with a selection of the most relevant State statutes in the last section.

Fast Facts

• All typical formulations of defensive spray are permitted in Wyoming. Citizens may choose from OC pepper spray, or CN and CS tear gas formulas. Products combining two or more formulas are also permitted.
• There are no capacity restrictions concerning defensive sprays in the state of Wyoming. Citizens may carry any quantity that they choose legally.
• Defensive sprays may be bought freely throughout the state with no restriction, and citizens may additionally have any kind of spray shipped directly to them.

Overview

Citizens will find very little to complain about in Wyoming concerning the possession and acquisition of defensive sprays. The state has no laws to speak of concerning the formulations, dispensation or possession of such devices accepting what laws may apply to the criminal misuse thereof.

So long as you don’t deliberately attack or otherwise harm someone with your defensive spray or use it in the furtherance of some other crime you won’t have anything to worry about.

Wyoming allows citizens to carry any type of formula that they choose, from traditional OC, pepper spray, to tear gas of the CN or CS variety.

Citizens who desire an all-in-one product may choose a formula that is a combination of two or more individual agents. The sky is the limit in Wyoming concerning spray selection so long as your product is not designed to cause any permanent harm or lasting effect.

Also noteworthy is Wyoming’s complete lack of capacity restrictions for civilian ownership of defensive sprays.

Unlike some other states that restrict you to a few measly CC’s or a half ounce at most Wyoming allows you to carry any amount of product you feel comfortable with that serves your purposes.

You’ll be able to carry a tiny self-defense sprayer or a large crowd control can with no issues. You shouldn’t have any trouble coming up with either option since Wyoming allows pepper spray and tear gas spray to be freely bought, sold and traded throughout the state.

Lastly, there is no specific restriction either on the age of carry or criminal background concerning the possession of pepper spray, so folks under the age of 18 should be able to possess a defensive spray with no issues, though as always some merchants are likely to refuse the sale of said spray to those underage as a matter of policy.

Conclusion

Wyoming is a wonderful state when it comes to civilian possession and ownership of defensive sprays. With absolutely no restrictions on typical formulation or capacity that may be carried, you’ll be just about as free as you can get in Wyoming.

The ready availability of self-defense sprays throughout the state combined with its near total lack of restrictive laws means everyone would be well advised to add pepper or tear gas spray to their self-defense repertoire.

Relevant State Statutes

6-1-104. Definitions.

(a) As used in this act, unless otherwise defined:

(i) “Bodily injury” means:

(A) A cut, abrasion, burn or temporary disfigurement;

(B) Physical pain; or

(C) Impairment of the function of a bodily member, organ or mental faculty.

(ii) “Coin machine” means a mechanical or electronic device or receptacle designed to:

(A) Receive a coin, bill or token made for that purpose; and

(B) Automatically offer, provide or assist in providing or permit the acquisition of property or service in return for the insertion of the coin, bill or token.

(iii) “Criminal negligence” is defined as the following conduct: A person acts with criminal negligence when, through a gross deviation from the standard of care that a reasonable person would exercise, he fails to perceive a substantial and unjustifiable risk that the harm he is accused of causing will occur, and the harm results. The risk shall be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation;

(iv) “Deadly weapon” means but is not limited to a firearm, explosive or incendiary material, motorized vehicle, an animal or other device, instrument, material or substance, which in the manner it is used or is intended to be used is reasonably capable of producing death or serious bodily injury;

(…)

(ix) “Recklessly” is defined as the following conduct: A person acts recklessly when he consciously disregards a substantial and unjustifiable risk that the harm he is accused of causing will occur, and the harm results. The risk shall be of such nature and degree that disregarding it constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation;

(x) “Serious bodily injury” means bodily injury which:

(A) Creates a substantial risk of death;

(B) Causes severe protracted physical pain;

(C) Causes severe disfigurement or protracted loss or impairment of a bodily function;

(D) Causes unconsciousness or a concussion resulting in protracted loss or impairment of the function of a bodily member, organ or mental faculty;

(E) Causes burns of the second or third degree over a significant portion of the body; or

(F) Causes a significant fracture or break of a bone.

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6-8-103. Possession, manufacture or disposition of deadly weapon with unlawful intent; penalties.

A person who knowingly possesses, manufactures, transports, repairs or sells a deadly weapon with intent to unlawfully threaten the life or physical well-being of another or to commit assault or inflict bodily injury on another is guilty of a felony punishable by imprisonment for not more than five (5) years, a fine of not more than one thousand dollars ($1,000.00), or both.

…

6-8-104. Wearing or carrying concealed weapons; penalties; exceptions; permits.

(a) A person who wears or carries a concealed deadly weapon is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment in the county jail for not more than six (6) months, or both for a first offense, or a felony punishable by a fine of not more than two thousand dollars ($2,000.00), imprisonment for not more than two (2) years, or both, for a second or subsequent offense, unless:

(i) The person is a peace officer;

(ii) The person possesses a permit under this section;

(iii) The person holds a valid permit authorizing him to carry a concealed firearm authorized and issued by a governmental agency or entity in another state that recognizes Wyoming permits and is a valid statewide permit; or

(iv) The person does not possess a permit issued under this section, but otherwise meets the requirements specified in paragraphs (b)(i) through (vi), (viii) and (ix) of this section and possession of the firearm by the person is not otherwise unlawful.

(b) The attorney general is authorized to issue permits to carry a concealed firearm to persons qualified as provided by this subsection. The attorney general shall promulgate rules necessary to carry out this section no later than October 1, 1994. Applications for a permit to carry a concealed firearm shall be made available and distributed by the division of criminal investigation and local law enforcement agencies. The permit shall be valid throughout the state for a period of five (5) years from the date of issuance. The permittee shall carry the permit, together with valid identification at all times when the permittee is carrying a concealed firearm and shall display both the permit and proper identification upon request of any peace officer. The attorney general through the division shall issue a permit to any person who:

(…)

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6-8-403. Definitions.

(a) As used in this act:

(i) “Ammunition” means any projectile expelled by action of an explosive from a firearm but shall not include any projectile designed to pierce armor;

(ii) “Borders of Wyoming” means the boundaries of Wyoming as described in Section 2 of the Act of Admission of the state of Wyoming, 26 United States Statutes at Large, 222, chapter 664;

(iii) “Firearm” means any weapon which will or is designed to expel a projectile by the action of an explosive. “Firearm” shall not include any fully automatic weapon or any weapon designed to fire a rocket propelled grenade or any explosive projectile;

(iv) “Firearms accessories” means items that are used in conjunction with or mounted upon a firearm but are not essential to the basic function of a firearm, including, but not limited to, telescopic or laser sights, magazines, folding or aftermarket stocks and grips, speedloaders, ammunition carriers, optics for target identification and lights for target illumination;

(v) “Generic and insignificant parts” includes, but is not limited to, springs, screws, nuts and pins;

(vi) “Manufactured” means that a firearm, a firearm accessory or ammunition has been created from basic materials for functional usefulness, including, but not limited to forging, casting, machining, molding or other processes for working materials;

(vii) “This act” means W.S. 6-8-401 through 6-8-406;

(viii) “Antique firearm” means:

(A) Any muzzleloading firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system manufactured in or before 1898;

(B) Any replica of any firearm described in subparagraph (A) if such replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or

(C) Any muzzleloading rifle, muzzleloading shotgun or muzzleloading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this paragraph, the term “antique firearm” shall not include any weapon that incorporates a firearm frame or receiver, any firearm that is converted into a muzzleloading weapon or any muzzleloading weapon that can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.

(…)

6-6-102. Breach of the peace; penalties.

(a) A person commits breach of the peace if he disturbs the peace of a community or its inhabitants by unreasonably loud noise or music or by using threatening, abusive or obscene language or violent actions with knowledge or probable cause to believe he will disturb the peace.

(b) Breach of the peace is a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.

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