Yes, pepper spray is legal to buy, own, and carry in Nevada. Pepper spray is a popular self-defense weapon because it can subdue an assailant without causing permanent, serious harm.
Note that you cannot take pepper spray in a carry-on bag on an airplane. If TSA finds any during the screening process, they will confiscate it.1
How does pepper spray work?
The active ingredient in pepper spray is the chili-derivative oleoresin capsaicin (OC). People who have pepper spray spritzed on them typically experience such symptoms as:
- burning eyes,
- burning throat,
- difficulty breathing, and/or
- sinus/nasal discharge
These symptoms can last up to two hours. However, some people have a high tolerance to pepper spray and do not experience debilitating effects from it.
How do I use it?
If you are in an unsafe area, you should carry the pepper spray in your hand instead of in your bag. That way, you can discharge the pepper spray immediately if a threat presents itself.
If someone is assaulting you, discharge the spray toward the assailant’s head for about three seconds. Then run to safety once the assailant is subdued.
When you are using pepper spray, do not extend your spraying hand too far out in front of you. Otherwise, you increase the risk of the assailant snatching it out of your hand and then using it on you.2
Can I use pepper spray in self-defense?
Nevada law allows you to fight back against an assailant with reasonable and proportional physical force.3 Therefore, you may use pepper spray in an effort to stop or deflect an immediate assault.
Using pepper spray for any reason other than lawful self-defense is criminal battery. Depending on the facts of the case, battery can be a misdemeanor or a felony.4
Pepper spray is a common self-defense weapon.
Is pepper spray different from tear gas?
Yes. Pepper spray is made from natural substances. In contrast, tear gas is usually made from CS, a crystalline powder comprised of ortho-chlorobenzalmalononitrile.5
In Nevada, adults 18 and older may carry up to two ounces of CS tear gas but only in aerosol form.5 Possessing more than two ounces is a gross misdemeanor, carrying:
- up to 364 days in jail, and/or
- up to $2,000 in fines.6
However, it is a category B felony to possess or carry any tear gas if you were convicted of:
- a category A felony in Nevada (or an equivalent crime in another state); or
- two or more felonies (in any state).
Category B penalties include:
- 1 to 6 years Nevada State Prison, and/or
- $5,000 in fines.7
Note that tear gas cartridges must show the serial number and the manufacturer’s name. Changing or removing identifying marks from tear gas is a gross misdemeanor, carrying:
- up to 364 days in jail, and/or
- up to $2,000 in fines.8
See our related article, When are police in Las Vegas allowed to use pepper spray?
Legal References
- Pepper Spray, Transportation Security Administration.
- See also Maggie Lillis, Pepper spray is not a foolproof form of protection, police say, Las Vegas Review-Journal (July 9, 2012).
- NRS 200.275. See also Culverson v. State, (1990) 106 Nev. 484, 797 P.2d 238. See also Davis v. State, (2014) 321 P.3d 867, 130 Nev. Adv. Rep. 16.
- NRS 200.481.
- NRS 202.375. NRS 202.370.
- NRS 202.380.
- NRS 202.375. NRS 202.380.
- NRS 202.390.