Pepper Spray Laws – Arizona

Pepper spray is 100% legal to buy in the state of Arizona, as long as you are over the age of 18 and are using it specifically for self-defense!

What Are The Pepper Spray Laws In Arizona

  • Pepper spray is LEGAL to buy/carry/use/ship in Arizona
  • Must be a minimum of 18 years old
  • Cannot have any convicted felonies on record
  • For self-defense purposes only

Conclusion

Arizona does have a lot of criminal activity in the state as it is close to the border, and drug dealing as well smuggling are active in Arizona. It’s important to have a self-defense weapon on your person at all times just in case you are involved in an altercation. Unlike guns and knives, pepper spray usually won’t injure the person attacking you long-term, so it’s a very humane tactic to use!


Relevant State Statutes

Below you will find a selection of the most relevant Arizona state statutes concerning the use of pepper spray and other defensive sprays.

Note that just because a statute does not specifically mention pepper spray, defensive spray, or any other chemical sprays it does not mean it is not applicable.

Using any defensive spray against another person is a use of force, and will be judged accordingly, right or wrong, depending on the context in which the spray was used.

Remember that ignorance of the law is no excuse, so make sure you read and understand all of these state statutes!

13-105. Definitions

In this title, unless the context otherwise requires:

(…)

(c) ” Recklessly” means, with respect to a result or to a circumstance described by a statute defining an offense, that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard of such risk constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but who is unaware of such risk solely by reason of voluntary intoxication also acts recklessly with respect to such risk.

13. ” Dangerous offense” means an offense involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury on another person.

14. ” Deadly physical force” means force that is used with the purpose of causing death or serious physical injury or in the manner of its use or intended use is capable of creating a substantial risk of causing death or serious physical injury.

15. ” Deadly weapon” means anything designed for lethal use, including a firearm.

(…)

32. ” Physical force” means force used upon or directed toward the body of another person and includes confinement, but does not include deadly physical force.

33. ” Physical injury” means the impairment of physical condition.

13-403. Justification; use of physical force

The use of physical force upon another person which would otherwise constitute an offense is justifiable and not criminal under any of the following circumstances:

(…)

4. A person acting under a reasonable belief that another person is about to commit suicide or to inflict serious physical injury upon himself may use physical force upon that person to the extent reasonably necessary to thwart the result.

(…)

6. A person may otherwise use physical force upon another person as further provided in this chapter.

13-404. Justification; self-defense

A. Except as provided in subsection B of this section, a person is justified in threatening or using physical force against another when and to the extent a reasonable person would believe that physical force is immediately necessary to protect himself against the other’s use or attempted use of unlawful physical force.

B. The threat or use of physical force against another is not justified:

1. In response to verbal provocation alone; or

To resist an arrest that the person knows or should know is being made by a peace officer or by a person acting in a peace officer’s presence and at his direction, whether the arrest is lawful or unlawful, unless the physical force used by the peace officer exceeds that allowed by law; or

3. If the person provoked the other’s use or attempted use of unlawful physical force, unless:

(a) The person withdraws from the encounter or clearly communicates to the other his intent to do so reasonably believing he cannot safely withdraw from the encounter; and

(b) The other nevertheless continues or attempts to use unlawful physical force against the person.

13-406. Justification; defense of a third person

A person is justified in threatening or using physical force or deadly physical force against another to protect a third person if, under the circumstances as a reasonable person would believe them to be, such person would be justified under section 13-404 or 13-405 in threatening or using physical force or deadly physical force to protect himself against the unlawful physical force or deadly physical force a reasonable person would believe is threatening the third person he seeks to protect.

13-408. Justification; use of physical force in defense of property

A person is justified in using physical force against another when and to the extent that a reasonable person would believe it necessary to prevent what a reasonable person would believe is an attempt or commission by the other person of theft or criminal damage involving tangible movable property under his possession or control, but such person may use deadly physical force under these circumstances as provided in sections 13-405, 13-406 and 13-411.

13-414. Justification; use of reasonable and necessary means

A correctional officer as defined in section 41-1661 may use all reasonable and necessary means including deadly force to prevent the attempt of a prisoner sentenced to the custody of the state department of corrections to:

1. Escape from custody or from a correctional facility.

2. Take another person as a hostage.

3. Cause serious bodily harm to another person.