In California, small aerosol pepper sprays are typically permitted for self-defense, provided they meet size and labeling requirements. However, civilian use of tear gas weapons that fire projectiles, such as irritant pepper balls, remains prohibited. This restriction explains why many manufacturers restrict sales or shipping to the state. At Prepared 2 Protect, we do not ship pepper balls or kits that include them, but you can purchase the Secure 68P with Inert Powder or the Defensor 68C with Inert Rounds. Always consult the latest statutes via resources such as the California Legislative Information website. For a general primer on pepper balls, refer to our what are pepper balls guide.
The Complexity Behind the Rules
California distinguishes sharply between simple aerosol sprays and devices that propel irritant projectiles. While small sprays are allowed for protection, projectile-firing tear gas weapons are off-limits for civilians. This classification places pepper balls, projectiles that release irritants upon impact, in the banned category. Non-irritant rubber balls might be governed differently as kinetic tools, but verification is essential. Our pepper ball ammo comparison details the various types.
Key Statutes Explained
Here is a clear breakdown of the primary laws, with straightforward interpretations:
- Penal Code §22810 addresses tear gas and weapons. It permits tear gas for self-defense only in aerosol spray form, in accordance with size and labeling requirements, but explicitly bans projectiles. Thus, devices that launch shells to disperse irritants do not comply (California Penal Code §22810).
- Penal Code §17240 broadly defines tear gas to include substances such as oleoresin capsicum (the key component of pepper spray) that induce discomfort when dispersed, including solids. This definition captures pepper balls as tear gas under state law (California Penal Code §17240).
- Penal Code §13652 pertains to chemical agents and projectiles, emphasizing requirements for peace officers, including training for proper deployment. It reflects California's stringent oversight of such tools, particularly in crowd control, and reinforces civilian restrictions (California Penal Code §13652).
These statutes have not undergone significant revisions lately, though ongoing federal lawsuits filed in late 2025 challenge the projectile ban on Second Amendment grounds. As of early 2026, the prohibition remains in place, but outcomes could evolve. Monitor official updates.
What This Means for Buyers, Sellers, and Users
- Standard Pepper Spray: Generally acceptable for carrying if it stays under limits, such as 2.5 ounces, and features proper labeling. No issues with legal self-defense, except for restricted groups such as felons.
- Pepper Projectile Launchers and Ammo: Usually unavailable to civilians because of the projectile prohibition. Suppliers often halt shipments to California to avoid violations.
- Rubber vs. Irritant Options: Pure-kinetic rubber rounds, which lack chemicals, may qualify differently, but this depends on the specific launcher. Local confirmation is crucial.
If you are considering alternatives, our less-lethal self-defense products highlight compliant selections where feasible.
Steps to Take
- Avoid assuming out-of-state standards apply; California enforces tougher projectile restrictions.
- For retailers: Review Penal Code §22810 before making inventory decisions and consider restricting sales of irritant projectiles in California.
- For individuals: Opt for approved aerosol sprays unless you obtain professional verification for other options.
- For dealers: Maintain product specifications, safety data sheets, and legal documentation; include California-specific disclaimers.
- If in doubt: Consult an attorney or local law enforcement before buying or using.
Once you have secured compliant equipment, review our pepper ball expiration guide for storage tips.
FAQ
Q: Can I legally carry a pepper spray canister in California?
A: Yes, provided it complies with size and labeling under Penal Code §22810.
Q: Are pepper balls (chemical projectiles) legal in California?
A: Generally, no for civilians, due to the projectile restriction in Penal Code §22810; many sellers refuse to ship.
Q: Are rubber (non-chemical) impact rounds allowed?
A: Possibly, since they are kinetic rather than chemical, but it depends on the configuration; seek local guidance.
Q: Is this article legal advice?
A: No, it offers general information; consult professionals for your circumstances.
Works Cited
"California Penal Code Section 13652." California Legislative Information, leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=13652. Accessed 2 Feb. 2026.
"California Penal Code Section 17240." California Legislative Information, leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=17240. Accessed 2 Feb. 2026.
"California Penal Code Section 22810." California Legislative Information, leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=22810. Accessed 2 Feb. 2026.
"Clarification Regarding Tear Gas and Other Deadly Weapons." Bureau of Security and Investigative Services, www.bsis.ca.gov/forms_pubs/tear_gas_weapons.pdf. Accessed 2 Feb. 2026.
Torbati, Yeganeh. "San Diego Lawsuit Challenges California's Ban on Less-Lethal Pepperball Weapons." The San Diego Union-Tribune, 10 Dec. 2025, www.sandiegouniontribune.com/2025/12/10/san-diego-lawsuit-challenges-californias-ban-on-less-lethal-pepperball-weapons. Accessed 2 Feb. 2026.
For additional background, visit our pepper ball guns guide or ammo page.
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