Pepper spray laws in West Virginia

We track 1 West Virginia rule on pepper spray.

West Virginia

18+Sell pepper spray to West Virginia buyers only if 18 or older: pepper spray is listed as a "deadly weapon" (61-7-2(5), (12)), minors may not possess deadly weapons (61-7-8), and 61-7-10(b) bars selling deadly weapons to persons prohibited from possessing them.

W. Va. Code § 61-7-10(b) · draft

Exact text

(b) A person may not knowingly sell, rent, give or lend, or, where the person is other than a natural person, knowingly permit an employee thereof to knowingly sell, rent, give or lend, any deadly weapon other than a firearm to a person prohibited from possessing a deadly weapon other than a firearm by any provision of this article.

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.