Pepper spray laws in Texas
We follow 1 Texas rule on pepper spray; 1 is a ban.
Check a specific item for TexasTexas
BannedTexas prohibits possessing, transporting, or selling a 'chemical dispensing device', but the definition excludes a small chemical dispenser sold commercially for personal protection, so ordinary pocket pepper spray is not covered.
Tex. Penal Code § 46.05(a), (f), (g) · effective Sep 1, 2025 · draft
Exact text
Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells: (1) any of the following items, unless the item is registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives or otherwise not subject to that registration requirement or unless the item is classified as a curio or relic by the United States Department of Justice: (A) an explosive weapon; or (B) a machine gun; (2) armor-piercing ammunition; (3) a chemical dispensing device; (4) a zip gun; (5) a tire deflation device; or (6) an improvised explosive device. (f) It is a defense to prosecution under this section for the possession of a chemical dispensing device that the actor is a security officer and has received training on the use of the chemical dispensing device by a training program that is: (1) provided by the Texas Commission on Law Enforcement; or (2) approved for the purposes described by this subsection by the Texas Private Security Board of the Department of Public Safety. (g) In Subsection (f), "security officer" means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code. Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 918, ch. 342, Sec. 15, eff. Sept. 1, 1975; Acts 1983, 68th Leg., p. 2650, ch. 457, Sec. 2, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4831, ch. 852, Sec. 2, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(47), eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 229, Sec. 2, eff. Sept. 1, 1991; Renumbered from Penal Code Sec. 46.06 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 1071, Sec. 1, eff. Sept. 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 1035 (H.B. 1132), Sec. 2.01, eff. September 1, 2005. Acts 2005, 79th Leg., Ch. 1278 (H.B. 2303), Sec. 7, eff. September 1, 2005. Acts 2011, 82nd Leg., R.S., Ch. 920 (S.B. 1416), Sec. 2, eff. September 1, 2011. Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.60, eff. May 18, 2013. Acts 2013, 83rd Leg., R.S., Ch. 960 (H.B. 1862), Sec. 1, eff. September 1, 2013. Acts 2015, 84th Leg., R.S., Ch. 69 (S.B. 473), Sec. 1, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 69 (S.B. 473), Sec. 2, eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 155 (H.B. 1819), Sec. 1, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 814 (H.B. 913), Sec. 2, eff. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 216 (H.B. 446), Sec. 2, eff. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 13.001, eff. September 1, 2019. Acts 2021, 87th Leg., R.S., Ch. 642 (H.B. 957), Sec. 2, eff. September 1, 2021. Acts 2025, 89th Leg., R.S., Ch. 845 (S.B. 1596), Sec. 1, eff. September 1, 2025.
Federal
Applies in every state.
BannedDo not mail via USPS a spray or device containing more than 2 percent CN/CS tear gas by mass (or bulk tear gas substance); devices with 2 percent or less tear gas are classed as aerosols and are mailable by surface (flammable) or air/surface (nonflammable) under Pub 52 Appendix A.
USPS Publication 52 § 346.24 (Nonmailable Division 6.1 Toxic Substances: Irritating Materials) · draft
Exact text
346.24 Nonmailable Division 6.1 Toxic Substances ... Irritating Materials: All irritating materials are nonmailable. Examples include the following: Bromobenzyl cyanide (UN1694). Chloroacetophenone (UN1697). Diphenylamine chloroarsine (UN1698). Diphenylchloroarsine (UN1699). Tear gas (UN1700, NA1693, and UN1693), except for those containing oleoresin capsicum.