Rhode Island Pepper Spray laws
Rhode Island is among the U.S. states that have not passed a law prohibiting the ownership of pepper spray products. However, there are some restrictions around the use of this self-defense chemical known to cause temporary blindness and other reactions.
Permissible Sizes
The state does not have any laws that restrict the size of these products. The 1996 Rhode Island General Laws states that lawful users of these devices can carry products up to "a capacity of one ounce."
Age Restrictions
All Rhode Island residents must be 18 years of age to buy pepper spray for concealed defense purposes . In addition, the penalty for any adult who supplies a minor with any weapon is a $500 fine or a maximum of three years in prison.
Concealed Carry Regulations
The state of Rhode Island does require individuals to obtain a gun permit from county police if you want to carry pepper spray concealed. In order to qualify for the permit, applicants must meet strict eligibility requirements. Only a limited number of permits may be issued in the area each year. There are also fees to pay, a background check carried out and a fingerprint submitted to the FBI.
Minimum age purchase age pepper spray
In the state of Rhode Island, there is no specific law as to the age requirement for an individual to carry pepper spray. Although there is no minimum age requirement set by law, any individual under the age of eighteen (18) must be accompanied by a parent or legal guardian at time of purchase. A parent or legal guardian must furnish a legal form of identification to the seller at the time of purchase to indicate their approval for the minor to have the pepper spray. It should be noted that similar to machetes, the purchase and ownership of pepper spray is not to be confused with the purchase and/or ownership of a firearm, which has strict age restrictions and regulations.
Where to legally purchase pepper spray in RI
Rhode Island is one of the few states in the country that permits people to carry mace or pepper spray for self-defense. Pepper spray is currently legal in Rhode Island, although there are significant restrictions on the size of canister that can be carried.
Large pepper spray canisters are banned, and even small pepper spray canisters and those with a capacity of less than two ounces have to meet certain restrictions. As with all self-defense products, the legality of using pepper spray as a weapon is highly dependent upon the specific circumstances in which you used it. Consult an experienced Rhode Island self-defense lawyer to learn more about how the law applies in your situation.
With regard to purchasing pepper spray legally in Rhode Island, the stores and services that legally sell pepper spray include:
- Protection Self-Defense
- Cop World
- Streetwise Self Defense
But in order to obtain pepper spray legally in Rhode Island, and carry it without being charged with carrying a restricted weapon, the pepper spray must be purchased from one of the stores listed above.
Legitimate use of pepper spray in self-defense
Use of pepper spray is legally justified against another person in Rhode Island if the user actually and reasonably believes that have come upon them an attack which, in the circumstances then present, offers an immediate threat of serious bodily injury or death to one or more human beings, or there is an immediately unlawful entry in a dwelling or other premises lawfully occupied by a person, and that the force is immediately necessary to avoid, prevent or stop the commission of such offense.
Not all uses of pepper spray will be considered lawful in RI. The key is that the user must genuinely believe that they are in immediate, serious danger.
According to the law, a person is justified in using pepper spray if they reasonably believe the following conditions are met: Strangely, for a state that has permissive laws regarding the use of pepper spray – at least one that doesn’t make possession of the product a crime – Rhode Island law does not have specific definitions of certain key terms used in the statute . For example, the law does not define "entry" into a dwelling or other premises nor does it define "immediate serious bodily injury", "unlawful entry", or "lawfully occupied".
That said, a careful reading of the Rhode Island self-defense law, defines an individual’s dwelling as their home and all the land and structures closely associated with it. The key is that the person challenged the entry and demanded that the other party leave but they refused.
In practice, the statute would require the use of pepper spray to be the final response when threatened by strangers. That is, the threatened party cannot attempt to get away or walk away but instead must be forced to use pepper spray to repel a real attack on their safety.
If a confrontation is over but the threatened party feels like they may be further attacked, they would not be legally permitted to use pepper spray to get away from the attack. That is legally considered to be provocation. And a provocation can be enough to block a claim of self-defense from being pursued.
Note that pepper spray is not considered a weapon that would trigger any penalties under Rhode Island "weapons" statutes.
Penalties for use or possession
Because of its defensive use, the possession and use of pepper spray is permitted in Rhode Island if the individual meets all requirements for its legal purchase. Any other use may result in charges ranging from minor civil violations to significant criminal offenses. The statute defines "chemical mace", "pepper mace", "pepper spray" as follows: (10) "Chemical mace" or "pepper mace", the chemical in a canister that may contain, but is not limited to, oleoresin capsicum and/or methyl n-amyl ketone, isobutylene, propane, or other noxious ingredients, with a range of effective delivery of up to twenty feet (20′), and a net weight of at least one ounce (1 oz.) used for the purpose of preventing individuals from reasonably harming any person or property. Violations of the pepper spray statute are defined below: (b) Violation of subsection (a) is punishable by a fine of not less than one hundred dollars ($100), imprisonment for not less than thirty (30) days, or both, and restitution for any damages the victim may have suffered. (c) The attorney general is authorized to establish and maintain a register of manufacturers and distributors of lawfully permitted spraying devices. (d) A manufacturer or distributor may be required to obtain a permit from the attorney general to sell lawfully permitted spraying devices.
Alternatives to pepper spray for self-defense
While carrying pepper spray is permissible for personal defense, some Rhode Islanders may want to consider alternatives to carrying a potentially dangerous chemical agent on their person. Some may even find it outside of their political beliefs. Alternatives to consider include:
Razor-tip key chain. This is a concealed keychain that only appears to be a tool for protection. There are several varieties of these keychains, all of which have four to six tiny razor blades planted in a point that is barely noticeable. If used against an attacker, these small blades will be difficult to remove, making them effective at causing an attacker to bleed. However, because they are so small and easy to conceal, these key chains will likely not be found by officers responding to a confrontation until after the incident has subsided.
Vipertek stun gun. This concealed, battery-powered stun gun is another alternative for personal protection. While state weapons laws vary, possessing and using this stun gun is legal in most states. The Vipertek brand offers many different options for concealed personal protection or self-defense .
Specially designed knives. From knives made to resemble a lipstick tube to tiny knives that can be worn as a ring, there are a number of items that can provide you with a level of protection. However, it is important to check your state’s gun and knife laws before purchasing and carrying one of these items for personal protection or self-defense purposes.
Tasers and stun guns. Because the laws are more variable on these devices, you should only purchase them for personal protection or self-defense in states where they are allowed by law. For example, it is illegal to carry a taser or stun gun in California unless you already own a firearm or have a custon permit.
Other weapons to consider. In addition to the weapons discussed above, there are a number of weapons — including tasers, pepper gel and various knives — that can be used for personal protection. Because many of these weapons are regulated by state laws, be sure you are in compliance with the law before purchasing and utilizing any of these alternatives.