The Laws Regarding Pepper Spray in Oregon: What You Should Know
Oregon Pepper Spray Laws
The legal status of pepper spray in Oregon is clear: this popular self-defense item is permissible to possess and use with certain limitations. In Oregon, the law views pepper spray as a form of chemical weapon. That said, Oregon law states that the use of a chemical incapacitator or disabling spray is legal. Oregon statutes 163.161 to 163.169 govern the use of chemical incapacitators, and these laws are generally lenient on their use as a means of self-defense.
There are certain conditions that must be adhered to in order for the use of pepper spray to be considered lawful. Under Oregon law, the amount of active ingredient in disability spray cannot exceed 0.7 percent and the canister cannot contain more than 5 ounces. Disabled incapacitator sprays must also have a label that states "Defense Spray" in 20-point lettering and must also be labeled with the ingredients.
Several other Oregon statutes also exist that dictate when and where disabled incapacitator sprays can be used . For instance, these sprays cannot be used if the offender is at all able to avoid contact with the intended victim. At the same time, disabled incapacitator cannot be used against persons who have been incapacitated by the spray, unless the force is required to avoid presenting a threat to human life. This means that even injured individuals cannot be harmed by a disabled incapacitator.
Additionally, strict penalties exist for those who do use disabled incapacitators outside of the legal stipulations. For instance, individuals who use a disabled incapacitator spray for recreational purposes are guilty of a Class A violation outside of legitimate use.
Similarly, individuals who possess an item that is designed to resemble a disabled incapacitating chemical spray are also guilty of a Class A offense. Pepper spray that is used for home protection is excluded under this offense provision, however.
For Oregon residents, pepper spray is a popular self-defense tool that is legal to possess and use when it becomes necessary.
Oregonians Allowed to Carry Pepper Spray
In the state of Oregon, there are no minimum age requirements to possess pepper spray, although there are some requirements to use or buy a larger size. Since 2011, individuals may only legally purchase approved defensive sprays if they are 18 years old or older. But it is still legal for residents who are at least 16 years old to use the devices for self-defense. Those under the age of 18 may not use pepper spray canisters that are larger than two ounces. There are no licensing requirements for the legally carrying of spray canisters, and there is no firing range session required for legal possession.
Permitted Uses of Pepper Spray in Oregon
The operative statute is Oregon Revised Statute (ORS) 163.189 which defines unlawful use and possession of pepper spray in Oregon. A person commits the crime of unlawful use of pepper spray if he or she 1) uses pepper spray to injure, disfigure or render incapably of lawful existence another person, and 2) lacks a lawful purpose for doing so; OR he/she possesses pepper spray while in the commission of a felony or demonstrating to any person how to use pepper spray. Under ORS 161.015, a person acts with intent with respect to a result when it is the person’s conscious objective to achieve that result. The law states that a person is justified in using physical force and nondeadly physical force upon another person when and to the extent that the person reasonably believes it necessary to defend himself or a third person from what she/he reasonably believes to be the imminent use of unlawful physical force against him or her. This does not include deadly force which is not justifiable for the defense of another unless at the time, the person reasonably believes and has reason to believe that a person is using or about to use unlawful deadly physical force against the person, and the use of nondeadly physical force cannot reasonably be) avoided. (See ORS 161.209 and 161.219.) The law also requires that the force used to defend another person (the victim) be reasonable in nature. (See state v. James, 280 Or. 89 (1978) (Where force was not necessary to protect the victim against imminent use of unlawful physical force)). The penalties for violating this law include being guilty of a Class B misdemeanor upon conviction.
Locations Where Pepper Spray is Banned
Pepper spray is prohibited in the following locations:
- Schools and educational institutions.
- Correctional facilities, such as prisons and jails.
- Courthouses and other government buildings where security measures are in place.
- Areas where the use of pepper spray would contribute to a public disturbance or panic.
Due to these restrictions, it is critical for Oregon residents to know where pepper spray cannot be used or carried. In addition, individuals should be aware that while pepper spray may be legal to carry in some areas, its use may still be subject to local regulations and laws.
For example, certain cities may have additional restrictions on the sale or use of pepper spray. These restrictions may include permits, licenses, or registration requirements. It’s important to research the laws in your area to ensure that you are in compliance with all relevant regulations.
In the event that a person uses pepper spray in an area where its use is prohibited, they may face criminal charges, fines, and even imprisonment. Additionally, even in areas where pepper spray is legal, using it against another person can result in criminal charges such as assault or weapons offenses.
To avoid potential issues, it is essential to be familiar with the local laws regarding the use and possession of pepper spray. In the next section, we will delve deeper into the types of pepper spray available in Oregon.
Where to get Pepper Spray in Oregon
Regulations concerning the purchase of pepper spray in Oregon are somewhat lax, as you can buy it in many locations, even in convenience and some department stores. However, only people over 18 years of age may buy it, because of Oregon state law. This is one of many regulations that are imposed on pepper spray and other self-defense weapons.
In addition to restrictions on the age of purchasers, sellers also have to adhere to certain rules regarding online and over-the-phone sales, including proper advertising for any products containing tear gas, OC, CS, or coated projectiles . However, most of us expect businesses to properly advertise laws. In store, you cannot buy pepper spray without a legal I.D. card verifying your age, home address, and your eligibility to buy the item in question.
Oregon has added some consumer protection laws in recent years to prevent sales of "misleading products" from taking place. To be more specific, Oregon bans misleading labels such as "personal protection device" or "defensive weapon" if they apply to items such as melee weapons, various sprays, and/or stunt guns that are supposed to "disable" an attacker. Violators of this provision may be charged up to $15,000.
Pepper Spray Safety Tips
When carried and used properly, pepper spray can be a valuable self-defense asset. However, if improperly handled or stored, pepper spray poses the risk of unwanted harm to yourself or others. As such, it is important to remember some key safety precautions when carrying pepper spray. At all times, pepper spray should be kept away from the head and facial area, particularly eyes and mouth. If a child is carrying pepper spray, it should be kept inaccessible to them. Many pepper spray manufacturers now offer sprays that include childproof safety caps to minimize the likelihood of unintentional discharges. Law enforcement-grade pepper sprays should be kept in their holsters when not being used. If you are carrying your pepper spray as a personal protection measure, simply make sure that its trigger is turned away from you when holding it. If you accidentally pull the trigger, the reaction will be to leap back, which will avoid spraying yourself or others. If you are approached with the intent of being attacked, simply read the labels on the canister to ensure that you know how to use it. Store your pepper spray canister without the risk of excess heat or sunlight. While many pepper sprays are rated for certain temperature ranges, it is better to err on the side of caution. As a general rule, keep your pepper spray canister at room temperature, away from direct sunlight, to prevent a potential explosion. If you accidentally discharge pepper spray in your eyes or someone else’s, gently rinse the area with water for a prolonged period of time. In most situations, this will alleviate the uncomfortable burning sensation that is characteristic of pepper spray. It is also advisable to remove contact lenses if possible, as contact lenses may absorb some of the oils within the pepper spray. If pepper spray has been accidentally inhaled, try to get to fresh air. Gently coughing through this period will help clear the lungs quicker, although coughing will occur naturally. If you are near an interior sprayer, avoid being sprayed yourself to avoid accidental inhalation.
Legal Resources and Guidance
When faced with a situation where you have had to use pepper spray in self-defense or are charged with illegal use of pepper spray products, the next step you should consider is seeking out an Oregon criminal defense attorney. The most important resource for understanding both your rights and responsibilities is the legal counsel you receive. An experienced criminal defense attorney will be able to evaluate your case, research relevant state laws and defenses, and plan your next steps.
If you cannot afford to hire private legal counsel, you may be eligible for free legal assistance or low-cost representation. Legal Aid Services of Oregon (www.lasoregon.org) is a nonprofit organization that can help connect you to an Oregon lawyer who provides services to low-income residents. The Oregon State Bar (www.osbar.org) also provides some resources for legal assistance in Oregon.
The Oregon State Bar’s Publications website (www.osbar.org/publications) provides access to a wealth of information about criminal law, including several client pamphlets that explain both the process by which a criminal case proceeds through the criminal justice system and the rights of crime victims who are entitled to legal representation in cases brought against the alleged perpetrator(s). The courts website (www.courts.oregon.gov) , in particular, the Model Jury Instructions page, provides specific instructions given to the jury in terms of evaluating evidence when considering whether or not a defendant’s use of force was self-defense or not. A recent Oregon Court of Appeals decision addressing whether a person’s use of deadly force is justified in a situation where the defendant initiated the confrontation (Barnes v. United States, 118 U.S. 31 (1885)) is also included in the jury instructions.
If you are looking for information about the use of pepper spray in self-defense for other purposes, such as avoiding a citation or criminal charge, the Oregon State Police website (www.oregon.gov/osp) provides information about concealed carry permits, including requirements for obtaining a permit, and the Oregon Department of Justice website (www.doj.state.or.us) includes a frequently asked questions (FAQ) section that may address some of your questions concerning the use of self-defense items, such as pepper spray, tasers, stun guns and other weapons.