Pepper Spray Laws – Utah

Utah is a decidedly pro-citizen state when it comes to the topic of defensive sprays. Utah does nothing to restrict or otherwise regulate citizens from possessing and utilizing defensive sprays so long as they only employ them in legitimate self-defense scenarios.

flag of utah

Utah does not regulate defensive spray formulation or the quantity that citizens may possess, and all such devices are freely bought and sold inside the state.

Defensive sprays including pepper spray are a great option for residents and visitors in Utah.

Keep reading to get the rest of the info you need to know about defensive spray laws in the state and be sure to check out some of the most pertinent state statutes included at the end.

Fast Facts

  • Citizens may possess any typical self-defense spray formulation in Utah. OC pepper sprays, as well as CN or CS formula tear gases, are permissible, as are blends of any two or more formulas.
  • Citizens are not restricted by size or capacity considering defensive sprays. Any citizen who is carrying an otherwise legal self-defense spray may have any amount on or about their person so long as it is only for the purposes of self-defense.
  • All legal types and formulas of pepper spray are legally bought and sold in Utah. Defensive sprays purchased from elsewhere in the country may be shipped to recipients in Utah.

Overview

I’m happy to report that Utah is yet another exemplary state when it comes to the purchasing, possession and use of defensive sprays by civilians.

Effectively, the state does not regulate defensive sprays, including traditional pepper spray, at all outside of typical criminal misbehavior that coincidentally includes the use of said sprays.

Civilians may choose from any formulation they desire in Utah, including OC pepper spray or tear gas of any standard formulation, CN or CS included.

If you desire a product that blends normal formulas you’ll be allowed to carry that, and you can also carry formulas that are aerosol, stream, foam or gel with no restriction.

Also okay are any formulas with added non-harmful ingredients like visible or invisible marking dye for suspect identification.

Even better, Utah does not impose any fussy capacity restrictions on citizens who want to carry defensive sprays, meaning you can carry anywhere from a few CC’s all the way up to multi-ounce containers capable of dispersing a riotous crowd or dealing with multiple assailants.

And last but not least Utah lacks any major restrictions regarding the purchase, sale or trade of defensive sprays of any kind inside the state so long is there a product designed for and capable of causing only temporary incapacitation.

Standard rules apply, don’t pick any product that appears dodgy or made by some fly-by-night company. As long as your defense spray leaves no lasting injury you should be fine.

Conclusion

Utah is a great state for pepper spray users. Instituting no restrictions on formula, no restrictions on the size of dispenser or capacity, and no restrictions on the purchase or sale of said sprays.

Anyone who desires a pepper spray or tear gas sprayer for self-defense will not find any obstacles in their way in Utah.

Relevant State Statutes

76-10-501. Definitions.

As used in this part:

(1)

(a) “Antique firearm” means:

(i) any firearm, including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before 1898; or

(ii) a firearm that is a replica of any firearm described in this Subsection (1)(a), if the replica:

(A) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or

(B) uses rimfire or centerfire fixed ammunition which is:

(I) no longer manufactured in the United States; and

(II) is not readily available in ordinary channels of commercial trade; or

(iii)

(A) that is a muzzle loading rifle, shotgun, or pistol; and

(B) is designed to use black powder, or a black powder substitute, and cannot use fixed ammunition.

(b) “Antique firearm” does not include:

(i) a weapon that incorporates a firearm frame or receiver;

(ii) a firearm that is converted into a muzzle loading weapon; or

(iii) a muzzle loading weapon that can be readily converted to fire fixed ammunition by replacing the:

(A) barrel;

(B) bolt;

(C) breechblock; or

(D) any combination of Subsection (1)(b)(iii)(A), (B), or (C).

(2) “Bureau” means the Bureau of Criminal Identification created in Section 53-10-201 within the Department of Public Safety.

(3)

(a) “Concealed firearm” means a firearm that is:

(i) covered, hidden, or secreted in a manner that the public would not be aware of its presence; and

(ii) readily accessible for immediate use.

(b) A firearm that is unloaded and securely encased is not a concealed firearm for the purposes of this part.

(4) “Criminal history background check” means a criminal background check conducted by a licensed firearms dealer on every purchaser of a handgun, except a Federal Firearms Licensee, through the bureau or the local law enforcement agency where the firearms dealer conducts business.

(5) “Curio or relic firearm” means a firearm that:

(a) is of special interest to a collector because of a quality that is not associated with firearms intended for:

(i) sporting use;

(ii) use as an offensive weapon; or

(iii) use as a defensive weapon;

(b)

(i) was manufactured at least 50 years before the current date; and

(ii) is not a replica of a firearm described in Subsection (5)(b)(i);

(c) is certified by the curator of a municipal, state, or federal museum that exhibits firearms to be a curio or relic of museum interest;

(d) derives a substantial part of its monetary value:

(i) from the fact that the firearm is:

(A) novel;

(B) rare; or

(C) bizarre; or

(ii) because of the firearm’s association with an historical:

(A) figure;

(B) period; or

(C) event; and

(e) has been designated as a curio or relic firearm by the director of the United States Treasury Department Bureau of Alcohol, Tobacco, and Firearms under 27 C.F.R. Sec. 478.11.

(6)

(a) “Dangerous weapon” means:

(i) a firearm; or

(ii) an object that in the manner of its use or intended use is capable of causing death or serious bodily injury.

(b) The following factors are used in determining whether any object, other than a firearm, is a dangerous weapon:

(i) the location and circumstances in which the object was used or possessed;

(ii) the primary purpose for which the object was made;

(iii) the character of the wound, if any, produced by the object’s unlawful use;

(iv) the manner in which the object was unlawfully used;

(v) whether the manner in which the object is used or possessed constitutes a potential imminent threat to public safety; and

(vi) the lawful purposes for which the object may be used.

(c) “Dangerous weapon” does not include an explosive, chemical, or incendiary device as defined by Section 76-10-306.

(7) “Dealer” means a person who is:

(a) licensed under 18 U.S.C. Sec. 923; and

(b) engaged in the business of selling, leasing, or otherwise transferring a handgun, whether the person is a retail or wholesale dealer, pawnbroker, or otherwise.

(8) “Enter” means intrusion of the entire body.

(…)

(10)

(a) “Firearm” means a pistol, revolver, shotgun, short barreled shotgun, rifle or short barreled rifle, or a device that could be used as a dangerous weapon from which is expelled a projectile by action of an explosive.

(…)

(a) “Handgun” means a pistol, revolver, or other firearm of any description, loaded or unloaded, from which a shot, bullet, or other missile can be discharged, the length of which, not including any revolving, detachable, or magazine breech, does not exceed 12 inches.

(b) As used in Sections 76-10-520, 76-10-521, and 76-10-522, “handgun” and “pistol or revolver” do not include an antique firearm.

(14) “House of worship” means a church, temple, synagogue, mosque, or other building set apart primarily for the purpose of worship in which religious services are held and the main body of which is kept for that use and not put to any other use inconsistent with its primary purpose.

(15) “Prohibited area” means a place where it is unlawful to discharge a firearm.

(16) “Readily accessible for immediate use” means that a firearm or other dangerous weapon is carried on the person or within such close proximity and in such a manner that it can be retrieved and used as readily as if carried on the person.

(17) “Residence” means an improvement to real property used or occupied as a primary or secondary residence.

(18) “Securely encased” means not readily accessible for immediate use, such as held in a gun rack, or in a closed case or container, whether or not locked, or in a trunk or other storage area of a motor vehicle, not including a glove box or console box.

(…)


76-10-306. Explosive, chemical, or incendiary device and parts — Definitions — Persons exempted — Penalties.

(1) As used in this section:

(a) “Explosive, chemical, or incendiary device” means:

(i) dynamite and all other forms of high explosives, including water gel, slurry, military C-4 (plastic explosives), blasting agents to include nitro-carbon-nitrate, ammonium nitrate, fuel oil mixtures, cast primers and boosters, R.D.X., P.E.T.N., electric and nonelectric blasting caps, exploding cords commonly called detonating cord, detcord, or primacord, picric acid explosives, T.N.T. and T.N.T. mixtures, nitroglycerin and nitroglycerin mixtures, or any other chemical mixture intended to explode with fire or force;

(ii) any explosive bomb, grenade, missile, or similar device; and

(iii) any incendiary bomb, grenade, fire bomb, chemical bomb, or similar device, including any device, except kerosene lamps, if criminal intent has not been established, which consists of or includes a breakable container including a flammable liquid or compound and a wick composed of any material which, when ignited, is capable of igniting the flammable liquid or compound or any breakable container which consists of, or includes a chemical mixture that explodes with fire or force and can be carried, thrown, or placed.

(b) “Explosive, chemical, or incendiary device” does not include rifle, pistol, or shotgun ammunition, reloading components, or muzzleloading equipment.

(c) “Explosive, chemical, or incendiary parts” means any substances or materials or combinations which have been prepared or altered for use in the creation of an explosive, chemical, or incendiary device. These substances or materials include:

(i) timing device, clock, or watch which has been altered in such a manner as to be used as the arming device in an explosive;

(ii) pipe, end caps, or metal tubing which has been prepared for a pipe bomb; and

(iii) mechanical timers, mechanical triggers, chemical time delays, electronic time delays, or commercially made or improvised items which, when used singly or in combination, may be used in the construction of a timing delay mechanism, booby trap, or activating mechanism for any explosive, chemical, or incendiary device.

(d) “Explosive, chemical, or incendiary parts” does not include rifle, pistol, or shotgun ammunition, or any signaling device customarily used in operation of railroad equipment.

(2) The provisions in Subsections (3) and (6) do not apply to:

(a) any public safety officer while acting in an official capacity transporting or otherwise handling explosives, chemical, or incendiary devices;

(b) any member of the armed forces of the United States or Utah National Guard while acting in an official capacity;

(c) any person possessing a valid permit issued under the provisions of Uniform Fire Code, Article 77, or any employee of the permittee acting within the scope of employment;

(d) any person possessing a valid license as an importer, wholesaler, display operator, special effects operator, or flame effects operator under the provisions of Sections 11-3-3.5 and 53-7-223; and

(e) any person or entity possessing or controlling an explosive, chemical, or incendiary device as part of its lawful business operations.

(3) Any person is guilty of a second degree felony who, under circumstances not amounting to a violation of Part 4, Weapons of Mass Destruction, knowingly, intentionally, or recklessly possesses or controls an explosive, chemical, or incendiary device.

(…)


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