Is Mace Legal to Carry?

Mace is legal to carry in every state for self-defense, though the specific rules differ depending on where you live.

The term mace is often used generically to mean any pepper spray or chemical self-defense spray, and the law treats most of them similarly. Some states require a minimum age, a permit, or restrict the concentration, while a few limit where you can purchase and carry mace.

Understanding your state's rules is important, since legal carry in one state can become restricted just across state lines, much like the state-by-state differences explained in is pepper spray legal in every state.

Carrying mace becomes illegal when:

• You are below the minimum age set by your state, typically 18 in most places.
• You live in a state requiring a permit and do not have one.
• You carry mace in a restricted location, such as schools, courthouses, government buildings, and airports.
• You use mace offensively against someone who posed no threat, which is assault in every state.
• You are a convicted felon in a state that extends weapon restrictions to chemical sprays.
• You carry a formulation that exceeds state concentration limits, since some states cap the percentage of active ingredients.

Historically, states like New York and Massachusetts have had the strictest mace rules, including limits on where it can be sold. See also: can you be arrested for disturbing the peace for related public carry issues.

Carrying mace is legal when:

• You are over the minimum age in your state, typically 18.
• The spray concentration is within legal limits for your state.
• You carry it only for self-defense, the legally accepted purpose everywhere.
• You have a permit if your state requires one, which is uncommon but applies in a few places.
• You avoid restricted locations like schools, courthouses, and secure government facilities.

Mace is generally treated as a less-lethal self-defense tool, with fewer restrictions than Tasers or firearms, as explained in can you legally carry a taser.

Consequences for violating mace laws depend on the state and the nature of the violation:

• Misdemeanor possession charges: Apply when someone carries mace without a required permit, below the minimum age, or in a restricted location.
• Felony assault charges: Apply when mace is used offensively or causes serious injury.
• Fines: Range from a few hundred dollars for simple possession violations to several thousand for assault-related offenses.
• Confiscation: Law enforcement can seize a canister carried in violation of state or local law.
• Jail time: Misdemeanor assault with mace can carry up to a year in jail, while felony assault can result in several years of prison.

Using mace in a legitimate self-defense situation generally results in no charges, as covered in is using pepper spray in self-defense legal.

Most mace legal issues come up during a traffic stop, security screening, or after someone is sprayed during a dispute.

If police find mace during a lawful search and it violates state carry rules, they typically confiscate the canister and may issue a citation or make an arrest depending on the severity.

When mace is used in an altercation, investigators assess whether the use met the state's self-defense standard. If the spray was used against a genuine threat, charges are unlikely. If it was used offensively, the person who sprayed it can face assault or battery charges.

• Check your state's specific mace laws before buying or carrying a canister.
• Buy from a licensed seller, since some states restrict where mace can be purchased.
• Carry only for self-defense, since any other use can lead to assault charges.
• Keep mace out of schools, courthouses, and government buildings, where it is banned in most states.
• Verify age requirements before purchasing, since most states set a minimum of 18.
• Store mace safely away from children, since accidental discharge can cause injury.
• See also: can you be arrested for public intoxication for another common public encounter question.