Pepper spray is legal in Colorado to carry, buy, or transport. Though be careful when you use it: Discharging pepper spray on someone other than for reasonable self-defense is assault.1
Most merchants will not sell you pepper spray if you are under 18 years old or have a prior felony or assault conviction. However:
- No background check is necessary to purchase pepper spray;
- You do not need a license to obtain or carry pepper spray; and
- CCW permits are not required to carry pepper spray concealed.
It is unclear whether Colorado’s POWPO (possession of weapon by previous offender) law applies to pepper spray. If it does, then you may not buy, possess, or carry pepper spray if you have been convicted of certain offenses: (Click on the following for the full felony list.)
Under Colorado law, possession of weapons by a previous offender is a class 5 felony carrying:
- Up to 3 years in Colorado State Prison, and/or
- A fine of up to $100,000.2
Also note that police are permitted to use pepper spray in certain circumstances, such as to subdue riotous crowds. Though if their use of pepper spray was excessive force, the victims may be able to sue the police department.3
What qualifies as pepper spray?
Pepper spray is a non-lethal self-defense tool that contains oleoresin capsicum (OC) as its active ingredient. This natural oil, derived from chili peppers, contains capsaicin, which is responsible for the intense burning sensation when it comes into contact with the eyes, skin, and mucous membranes.
When deployed, pepper spray causes temporary blindness, difficulty breathing, and severe irritation to the eyes, nose, mouth, and skin. These effects typically last between 30 to 45 minutes, allowing the user to escape from a dangerous situation or for law enforcement to subdue a suspect.
The spray is commonly used in various contexts, including:
- Personal self-defense,
- Law enforcement for crowd control and suspect restraint, and/or
- Protection against aggressive animals, such as bears.
Pepper spray is typically carried for self-defense.
Pepper spray is usually dispensed from pressurized canisters in different spray patterns:
- Stream: A concentrated, narrow stream of liquid,
- Mist: A fine spray covering a larger area, or
- Fog: A wide-dispersing cloud of spray.
The effectiveness of pepper spray is often measured by its OC concentration and Scoville Heat Units (SHU). However, it’s important to note that there is no standardized measurement system, making it challenging to compare products from different manufacturers.
In addition to OC, pepper spray formulations may include other ingredients such as water, alcohol, and propellants like isobutane or propane. Some brands also incorporate UV dye to help identify attackers after the spray’s effects have worn off.
Additional Reading
For more in-depth information, refer to the following scholarly articles:
- Use of pepper spray in policing: retrospective study of situational characteristics and implications for violent situations – Police Practice and Research.
- Pepper spray: An unreasonable response to suspect verbal resistance – Policing: An International Journal.
- Pepper Spray: Training for Safety – FBI Law Enforcement Bulletin.
- Oleoresin Capsicum (Pepper) Spray and “In-Custody Deaths” – Forensic Medicine and Pathology.
- Health impacts of chemical irritants used for crowd control: a systematic review of the injuries and deaths caused by tear gas and pepper spray – BMC Public Health.
Pepper spray is legal in Colorado.
Legal References
- CRS 18-1-704. CRS 18-1-704.5. See, for example: People v. Yachik (Court of Appeals of Colorado, Division Two, 2020) 469 P.3d 582; Todd v. People (2006) 179 P.3d 1033.
- CRS 18-12-108.
- See, for example: People v. Howard (Court of Appeals of Colorado, Division Five, 2008) 215 P.3d 1134; People v. Magnum (2020) 48 P.3d 568.
