Yes, pepper spray is legal in New Hampshire for self-defense, provided users comply with state statutes and local ordinances. The New Hampshire Department of Safety, Division of State Police, regulates its sale and possession under RSA 159:26, which permits canisters under 2% oleoresin capsicum (OC) concentration. Local municipalities, such as Manchester and Nashua, may impose additional restrictions on public carry, requiring adherence to municipal codes. As of 2026, no pending legislation threatens this status, though retailers must verify buyer eligibility via the National Instant Criminal Background Check System (NICS) for sales.
Key Regulations for Pepper Spray in New Hampshire
- Concentration Limits: Only OC-based sprays with a maximum of 2% OC are lawful. Higher concentrations are classified as prohibited weapons under RSA 159:26.
- Purchase & Sale: Retailers must be licensed and conduct background checks for buyers. Private sales between individuals are unregulated but discouraged to avoid liability.
- Public Carry Restrictions: While possession is permitted, deploying spray in public spaces without imminent threat may result in charges under RSA 627:7 (criminal mischief) or RSA 631:2-a (reckless conduct).