With our world-class beaches, famous theme parks, and year-round sunshine, Florida draws tourists from all over the world. Unfortunately, many of the people who come to our state are here to exploit all of those visitors – not to mention our full and part-time residents. With so many people walking in unfamiliar areas with pockets of cash, the criminal element often finds our state irresistible. While it is a rare occurrence, if you are assaulted in Florida, you have the right to defend yourself. In this article, we discuss the legality of pepper spray.
Florida law recognizes pepper spray as a legal method of self-defense. In fact, it is legal in all fifty states, but rules do apply to its use. Pepper spray may only be used legally if circumstances deem it absolutely necessary for your protection – or the protection of someone with you. In other words, it is only lawful to use any kind of defense spray (MACE, pepper spray) when someone threatens your personal safety. You are allowed to carry pepper spray in all public areas in Florida, but government regulations do limit how much each person is permitted to carry on their person. No container may hold over two ounces of chemical spray.
One of the most essential regulations to know about pepper spray use in Florida is that it is never allowable to use against an LEO (law enforcement officer) for any reason. Even the simple act of pointing the spray canister at a police officer could be construed as illegal intent to discharge the weapon, and these acts are punishable by law.
Where Can You Buy Pepper Spray?
One of the most commonly asked questions regarding self-defense is where citizens can purchase mace and pepper spray. The answer is that it can be found in every city – at sports and outdoor stores like Lowe’s and Dick’s or online marketplaces such as Amazon. There are no laws prohibiting the shipment of defense sprays in or out of Florida, as long as they are packaged within the legal and approved size limit. These defensive spray weapons may be obtained for use against a human or animal assailant. Dogs are typically the most prevalent animal threat, but this is Florida – hiking through woods and swamps may produce encounters with wild creatures, such as alligators, wild boar, panthers, and snakes. These sprays are helpful to stop any animal in its tracks while you get away.
Not only are the sprays legal to purchase, but they can also be legally carried on your person without restriction (except for size.)
Fast Facts
- Canister size must not exceed 2oz.
- Pepper spray is only legal to use in self-defense situations
- Self-defense sprays such as mace or pepper spray cannot be legally used against a police officer, regardless of the situation
- Carrying pepper spray does not require a concealed weapon license
Did You Know? Stun guns are also permitted by law, but a state license through the Department of Agriculture and Consumer Services is required. (Chapter 790.06).
Sometimes it can be confusing in the aftermath of an incident to determine the actual details of what happened – who was at fault, who was injured, and who is liable. If you have been involved in a situation and believe you have been harmed illegally, call the personal injury attorneys at Probinsky & Cole. With offices in Orlando, Sarasota and Tampa, we are where you need us to be. Call today.
