Pepper Spray Laws in Minnesota (2026): Your Safety Guide

Most people think carrying pepper spray is totally straightforward. You buy it, stick it in your purse or pocket, and you’re good to go. Right?

Not exactly. Minnesota has specific rules about who can carry pepper spray, how you can use it, and when it crosses the line into illegal territory. Let’s break down everything you need to know to stay legal and safe.

What Is Pepper Spray?

Pepper spray is a self-defense tool that temporarily stops attackers. It causes intense burning in the eyes, temporary blindness, and trouble breathing. Sounds harsh, but it’s designed to give you time to escape without causing permanent damage.

In Minnesota, pepper spray falls under a legal category called “authorized tear gas compound.” That’s just fancy legal language for self-defense sprays. The state groups pepper spray together with other tear gas compounds like CS and CN gas.

Basic Minnesota Pepper Spray Laws

Who Can Carry Pepper Spray?

You can legally carry pepper spray in Minnesota if you’re 16 or older. That’s it. Pretty straightforward, honestly.

If you’re under 16, you can still carry pepper spray. But you need written permission from your parent or guardian. Keep that permission with you when you carry the spray.

Who Cannot Carry Pepper Spray?

Wondering if this applies to you? Here’s the deal. Anyone who’s prohibited from owning a handgun in Minnesota cannot possess pepper spray either.

This includes people with felony convictions. It also includes those convicted of certain violent crimes. Even if you got a pardon, if your civil rights weren’t restored, you still can’t carry pepper spray.

The law treats pepper spray like a firearm in this respect. If you can’t legally own a gun, you can’t carry pepper spray.

What Makes Pepper Spray Legal in Minnesota?

Not all pepper spray is created equal. For your pepper spray to be legal, it needs to meet specific requirements.

It Must Be in an Aerosol Container

Your pepper spray has to be propelled from an aerosol container. Those old-school pump sprays or squirt bottles won’t cut it. The law is specific about this.

It Needs Proper Labeling

Here’s what the label must include. First, clear instructions on how to use it. Second, warnings about the dangers involved. Third, an expiration date showing when the spray loses its effectiveness.

You can’t just pour pepper spray into any old container. The product needs to come properly labeled from the manufacturer.

It Must Contain Approved Compounds

Minnesota law lists specific chemicals that are legal. Oleoresin capsicum is the main one (that’s the official name for pepper spray). CS tear gas and CN tear gas are also allowed.

Other compounds? Not legal. Stick with standard pepper spray from reputable sellers and you’ll be fine.

When Can You Use Pepper Spray?

Okay, this part is important. You can only use pepper spray for self-defense. Seems obvious, but let’s get specific.

Reasonable Force for Self-Defense

You can use pepper spray when you reasonably believe you need to defend yourself or your property. The threat has to be real and immediate.

Someone following you into a dark parking lot? That might justify pepper spray. Someone walking past you on the sidewalk? Definitely not.

The force you use has to match the threat. Courts call this “reasonable force.” Using pepper spray because someone bumped into you at the grocery store? That’s gonna land you in trouble.

You Cannot Use It Against Police Officers

This one’s a serious violation. You cannot use pepper spray against any peace officer performing their duties. Period.

It doesn’t matter if you disagree with what they’re doing. Using pepper spray on a cop is illegal under Minnesota law. No exceptions.

Where Can’t You Use Pepper Spray?

Minnesota doesn’t list a ton of specific locations where pepper spray is banned. But common sense applies here.

You can’t bring pepper spray on commercial airplanes. That’s a federal rule that can get you fined up to $25,000. Yep, you read that right.

Government buildings often restrict pepper spray. Schools typically don’t allow it either. When in doubt, check the rules before entering secured facilities.

Penalties for Illegal Use

Sound complicated? It’s actually not. Just remember that pepper spray is for legitimate self-defense only.

Using It Illegally Is Assault

If you spray someone without legal justification, you can face assault charges. The penalties depend on the circumstances. But even misdemeanor assault can mean jail time and fines.

Using pepper spray in the commission of another crime? It legally becomes a weapon. That can add serious penalties to whatever other charges you’re facing.

Using It Against Police Is Worse

Using pepper spray against a peace officer is treated very seriously. While the exact penalties aren’t spelled out separately, you could face felony charges for assault on an officer.

Honestly, this is the part most people miss. Don’t ever use pepper spray on law enforcement. It won’t end well.

Where You Can Buy Pepper Spray

Pepper spray is pretty easy to find in Minnesota. You can buy it at sporting goods stores, gun shops, and online retailers.

One restriction to note. Pepper spray cannot be sold where alcohol is served on-site. So you won’t find it at bars or liquor stores with tasting rooms.

Local governments can require sellers to have licenses. But this varies by city and county. The state law allows local licensing requirements.

How to Choose the Right Pepper Spray

Not sure what counts as a good pepper spray? Let me break it down.

Look for products from established manufacturers. They’ll have proper labeling and meet Minnesota’s requirements. Check the expiration date before buying.

Most pepper sprays come in small canisters. They fit easily in a pocket, purse, or on a keychain. The size isn’t restricted by state law, so choose what works for your needs.

Practice using it at home without actually spraying it. You need to know how to aim and activate it quickly in an emergency. Trust me, this works.

Self-Defense Training Matters

Many people assume pepper spray is foolproof. They find out the hard way it’s not that simple.

Consider taking a self-defense class. Many programs include proper pepper spray use. You’ll learn when to use it, how to aim, and what to expect.

The spray affects you too if the wind blows it back. Training helps you handle that situation. It also builds confidence in actually using the spray when needed.

Minnesota’s Duty to Retreat

Here’s where things get interesting. Minnesota doesn’t have a “stand your ground” law. You have a duty to retreat if you can do so safely.

What does this mean for pepper spray? Before using it, you should try to escape if possible. If there’s a clear path to safety, take it.

The exception is in your home. Minnesota’s Castle Doctrine means you don’t have to retreat from your own residence. But you still need a legitimate threat.

Pepper Spray vs. Other Self-Defense Tools

Comparing pepper spray to other options? Each has pros and cons.

Pepper spray requires no permit or license. Stun guns and tasers require you to be 18 or older. Firearms need permits to carry in public.

Pepper spray is non-lethal. It stops attackers without causing permanent harm. That makes it a good middle-ground option for personal safety.

It’s also affordable. A decent canister costs $15 to $40. Compare that to hundreds for a firearm or taser.

Common Misconceptions About Pepper Spray

You’re not alone if these confuse you. Lots of people get pepper spray laws wrong.

Myth 1: Anyone can carry pepper spray. False. People with certain criminal records can’t possess it.

Myth 2: You can use it whenever you feel threatened. Nope. The threat has to be real and immediate.

Myth 3: Pepper spray is legal everywhere. Not true. You can’t take it on planes or into many secure facilities.

What to Do After Using Pepper Spray

Let’s say you had to use pepper spray in self-defense. What happens next?

Call the police immediately. Report what happened. Being the first to call strengthens your self-defense claim.

Stay at the scene if it’s safe. You want to cooperate with police. Running makes you look guilty.

Get a lawyer if you’re facing charges. Even justified self-defense can lead to legal complications. Don’t navigate that alone.

Recent Updates to Minnesota Law

The basic pepper spray laws haven’t changed much in recent years. Minnesota Statute 624.731 has been the governing law since 1981, with updates in 2009.

However, enforcement and interpretation can shift. Minneapolis and St. Paul may have additional local regulations. Always check with your local police department if you’re unsure.

Stay informed about changes. Laws can be updated anytime. Following local news helps you stay current.

Traveling With Pepper Spray

Planning to take your pepper spray on a trip? Here’s what you need to know.

You cannot fly with pepper spray in carry-on luggage. Some airlines allow it in checked bags, but policies vary. Check with your airline before packing it.

Driving to another state? Research their laws first. Some states have stricter rules than Minnesota. What’s legal here might not be legal there.

Keep pepper spray easily accessible in your car. But make sure it’s secure so it doesn’t accidentally discharge. Heat can also damage the canister over time.

Children and Pepper Spray

Parents often ask about buying pepper spray for their kids. The law is clear on this.

Kids under 16 need written parental permission. That permission should be kept with the child at all times. Without it, possession is illegal.

At 16, kids can carry pepper spray on their own. No parental permission needed. But they still need to follow all other laws about use.

Teaching your child proper use is critical. They need to understand when it’s appropriate and when it’s not. Treat it like any other safety tool that requires responsibility.

Employers and Pepper Spray

Wondering if you can bring pepper spray to work? That depends on your employer.

Minnesota law doesn’t prohibit carrying pepper spray at work. But private employers can set their own policies. Many workplaces ban weapons of all kinds, including pepper spray.

Check your employee handbook. Ask your HR department if you’re unsure. Getting fired for violating company policy isn’t worth it.

If you work in a high-risk environment, talk to your employer. They might allow pepper spray or provide alternative security measures.

Defending Yourself Legally

Using pepper spray for legitimate self-defense is protected under Minnesota law. But you need to be ready to explain your actions.

Courts will ask these questions. Did you have a reasonable belief you were in danger? Could you have safely retreated? Was pepper spray an appropriate response to the threat?

Document everything after an incident. Take photos of any injuries. Get names and contact information from witnesses. These details matter if you end up in court.

Frequently Asked Questions

Do I need a permit to carry pepper spray in Minnesota?

No, you don’t need a permit. Anyone 16 or older can carry pepper spray without any special license or permit.

Can I carry pepper spray if I have a felony conviction?

No, people with felony convictions cannot possess pepper spray in Minnesota. The same restrictions that apply to firearm ownership apply to pepper spray.

What happens if I spray someone who wasn’t actually threatening me?

You could face assault charges. Using pepper spray without legal justification is a crime. The consequences depend on the circumstances but can include fines and jail time.

Can I buy pepper spray online and have it shipped to Minnesota?

Yes, buying pepper spray online is legal. Make sure the product meets Minnesota’s requirements for labeling and approved compounds.

Is there a limit to how large my pepper spray canister can be?

State law doesn’t specify size limits for pepper spray canisters. However, choose a practical size that you’ll actually carry and can use effectively.

Final Thoughts

Now you know the basics. Pepper spray is legal in Minnesota for most people 16 and older. Use it only for legitimate self-defense with reasonable force.

Keep it properly labeled, carry it responsibly, and never use it against police officers. Stay informed about local regulations in your city or county.

Personal safety matters. Pepper spray can be an effective tool when used correctly and legally. Just make sure you understand the rules before you clip that canister to your keychain.

References

1. Minnesota Statute 624.731 – Tear Gas and Tear Gas Compounds; Electronic Incapacitation Devices – https://www.revisor.mn.gov/statutes/cite/624.731
2. Minnesota Statute 609.06 – Authorized Use of Force – https://www.revisor.mn.gov/statutes/cite/609.06
3. Minnesota State Pepper Spray Laws and Regulations – https://www.pepper-spray-store.com/collections/minnesota-laws
4. Minnesota Self-Defense Weapons Legal Guide – https://kellerlawoffices.com/the-fine-line-between-assault-self-defense/
5. What Self-Defense Weapons Are Legal in Minnesota – https://www.blingsting.com/blogs/news/legal-self-defense-weapons-in-minnesota