All Laws Decoded

Pepper Spray Laws in Minnesota

The rules on pepper spray in Minnesota: who may own and carry them, where they are banned, and the penalties, from the state code.

Short answer: Adults may possess and use pepper spray (an "authorized tear gas compound," which includes oleoresin capsicum) for reasonable force in defense of themselves or their property, but only if it comes in an aerosol container with written use and danger instructions and is dated with its… Minn. Stat. §624.731; §609.02 subd. 3

Pepper sprayAdults may possess and use pepper spray (an "authorized tear gas compound," which includes oleoresin capsicum) for reasonable force in defense of themselves or their property, but only if it comes in an aerosol container with written use and danger instructions and is dated with its useful life. People under 16 need written parent or guardian permission, and people barred from having a pistol for a crime of violence or certain other reasons may not have it. Possession by a barred person under 624.713 subd. 1(2), or selling to one, is a felony; using it on an on-duty peace officer is a gross misdemeanor; most other violations, including selling it where liquor is sold, are misdemeanors (up to 90 days and/or $1,000). State law preempts local rules on possession and use.
Source: Minn. Stat. §624.731; §609.02 subd. 3

More Minnesota criminal law

FAQ

Is pepper spray legal in Minnesota?
Adults may possess and use pepper spray (an "authorized tear gas compound," which includes oleoresin capsicum) for reasonable force in defense of themselves or their property, but only if it comes in an aerosol container with written use and danger instructions and is dated with its useful life. People under 16 need written parent or guardian permission, and people barred from having a pistol for a crime of violence or certain other reasons may not have it. Possession by a barred person under 624.713 subd. 1(2), or selling to one, is a felony; using it on an on-duty peace officer is a gross misdemeanor; most other violations, including selling it where liquor is sold, are misdemeanors (up to 90 days and/or $1,000). State law preempts local rules on possession and use.

Last verified against official sources: October 27, 2026.

How we source this page: each state-specific rule links to the statute, court rule or official government page it comes from. A rule taken from a public copy of a state code (used only where the official code is not freely readable online) is marked as a secondary source. Spot an error? Use the contact page to report it. About our sources

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.