Pepper Spray Laws in Delaware
The rules on pepper spray in Delaware: who may own and carry them, where they are banned, and the penalties, from the state code.
Short answer: Delaware law calls pepper spray, mace and tear gas "disabling chemical spray." Although the code counts disabling chemical spray as a "dangerous instrument," the law against carrying a concealed dangerous instrument expressly says disabling chemical spray is not a dangerous instrument… 11 Del. C. §§ 222(5), 222(8), 1443(c), 1458
| Pepper spray | Delaware law calls pepper spray, mace and tear gas "disabling chemical spray." Although the code counts disabling chemical spray as a "dangerous instrument," the law against carrying a concealed dangerous instrument expressly says disabling chemical spray is not a dangerous instrument for that offense, so carrying it concealed is not that crime. Trying to take a disabling chemical spray (or a gun, baton or other deadly weapon) from a police officer or other listed officer acting on duty is a class C felony. Definitions: https://delcode.delaware.gov/title11/c002/index.html (Title 11, ch. 2). |
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FAQ
Is pepper spray legal in Delaware?
Delaware law calls pepper spray, mace and tear gas "disabling chemical spray." Although the code counts disabling chemical spray as a "dangerous instrument," the law against carrying a concealed dangerous instrument expressly says disabling chemical spray is not a dangerous instrument for that offense, so carrying it concealed is not that crime. Trying to take a disabling chemical spray (or a gun, baton or other deadly weapon) from a police officer or other listed officer acting on duty is a class C felony.
Last verified against official sources: October 27, 2026.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.