Yes, pepper spray is legal in Delaware for self-defense, but its sale and use are strictly governed by state statutes and local ordinances. Delaware Code Title 11, § 1442A prohibits the possession of “chemical mace or any similar substance” without a permit, though pepper spray is exempt if it meets specific criteria. The Delaware State Police Firearms Transaction Center enforces compliance, requiring retailers to verify buyer age (18+) and maintain sales records for two years. Recent 2026 legislative proposals aim to tighten restrictions on high-concentration sprays, reflecting growing concerns over misuse in urban areas like Wilmington and Dover.
Key Regulations for Pepper Spray in Delaware
- Concentration Limits: Only sprays containing ≤10% oleoresin capsicum (OC) are lawful; higher concentrations are classified as prohibited weapons under 11 Del. C. § 1442A.
- Purchase Restrictions: Retailers must be licensed by the Delaware Division of Alcohol and Tobacco Enforcement (DATE), which mandates background checks for buyers purchasing pepper spray alongside other self-defense tools.
- Use Prohibitions: Deployment against law enforcement or during the commission of a crime (e.g., assault) triggers felony charges under 11 Del. C. § 602, with penalties escalating if minors are present during the incident.