Most people think pepper spray is just something you clip to your keychain and forget about. Not quite. Colorado has some pretty specific rules about how you can buy, carry, and use pepper spray. The good news? It’s totally legal. The tricky part? Using it wrong can land you in serious trouble.
Let’s break down exactly what you need to know about carrying pepper spray in Colorado.
What Is Pepper Spray?
Pepper spray is a self-defense tool that contains oleoresin capsicum, or OC for short. That’s the natural oil from chili peppers that makes your eyes burn. When someone gets sprayed, they temporarily can’t see, can’t breathe normally, and feel intense burning on their skin.
The effects usually last 30 to 45 minutes. That gives you plenty of time to get away from danger or call for help.
In Colorado, pepper spray isn’t classified as a weapon. It’s considered a self-defense tool. This is actually a big deal legally. Because it’s not a weapon, the rules are way more relaxed than they are for guns or knives.
Is Pepper Spray Legal in Colorado?
Yes. You can legally buy, own, and carry pepper spray in Colorado.
No permit needed. No license required. No background check necessary.
Pretty straightforward, right?
Here’s what makes Colorado different from other states. There are no size restrictions on your pepper spray canister. Some states say you can only carry 2 ounces or less. Colorado doesn’t care. You could carry a large canister if you wanted to.
There are also no strength restrictions. Some states limit the OC percentage. Colorado doesn’t.
Honestly, this makes Colorado one of the more relaxed states when it comes to pepper spray laws.
Who Can Buy and Carry Pepper Spray?
Most adults over 18 can legally purchase and carry pepper spray in Colorado. But there are some people who can’t.
Retailers typically won’t sell pepper spray to anyone under 18 years old. While there’s no specific state law setting the minimum age, this is the industry standard. Stores don’t want the liability.
People with certain criminal convictions may not be able to possess pepper spray. This gets a bit complicated. Colorado has a law called POWPO, which stands for Possession of Weapon by Previous Offender. It’s found in CRS 18-12-108.
If you’ve been convicted of serious crimes, you probably can’t carry pepper spray. These crimes include murder, robbery, kidnapping, sexual assault, and domestic violence. The list is pretty long and includes any crime classified as domestic violence.
Not sure if this applies to you? Check with a lawyer before you buy pepper spray.
No Concealed Carry Permit Needed
Here’s something that surprises people. You don’t need a concealed carry permit for pepper spray in Colorado.
You can carry it hidden in your purse, pocket, or bag. No special paperwork required.
This is different from guns. Firearms need a concealed carry permit if you’re hiding them. Pepper spray doesn’t fall under those same rules.
Where You Can’t Carry Pepper Spray
Even though pepper spray is legal, you can’t take it everywhere. Some places are off-limits, and breaking these rules is a federal offense.
You cannot bring pepper spray on commercial airlines. The TSA will confiscate it if they find it in your carry-on or checked luggage. Pepper spray is classified as hazardous material for air travel.
You cannot bring it into government buildings. This includes courthouses, federal buildings, and any location with security checkpoints. Think of it this way: if there’s a metal detector at the entrance, your pepper spray stays outside.
Schools are also restricted zones. You generally cannot carry pepper spray on school property or college campuses. There might be exceptions for specific events, but the default rule is no pepper spray allowed.
Local restrictions might also apply. Denver and other cities might have additional rules. Always check your local ordinances.
When You Can Use Pepper Spray
Colorado has pretty clear self-defense laws. You can use pepper spray when you reasonably believe someone is about to use unlawful physical force against you.
That’s the key phrase: reasonably believe.
You don’t have to wait until someone actually hits you. If you genuinely think you’re in immediate danger, you can defend yourself.
Colorado follows a “Stand Your Ground” law. This means you don’t have to try to run away first. If you’re somewhere you’re legally allowed to be, you can defend yourself without retreating.
The force you use has to match the threat. Pepper spray is considered non-lethal force. You can use it when you’re facing a threat of physical harm, but not necessarily deadly harm.
Let’s say someone is yelling at you from across the street. That’s not a threat of immediate physical force. You can’t just spray them. But if someone is approaching you aggressively in a parking lot and you feel threatened, that’s different.
Wondering if this applies to you? Think about whether a reasonable person in your situation would feel threatened.
When You Can’t Use Pepper Spray
Using pepper spray when you’re not in actual danger is a crime. Seriously.
If you spray someone as a prank, you can be charged with assault. If you use it because someone annoyed you, that’s assault. If you spray someone during an argument where there’s no physical threat, that’s assault too.
Assault is a serious charge in Colorado. Depending on the circumstances, it could be second-degree assault, which is a class 4 felony. That carries 5 to 16 years in prison.
You also cannot use pepper spray against law enforcement officers. This is specifically illegal and is classified as a felony assault. Even if you think the officer is wrong, using pepper spray on them will land you in prison.
Using pepper spray during the commission of another crime makes everything worse. If you’re already breaking the law and you use pepper spray, the penalties stack up.
Sound complicated? It’s actually not. Just use pepper spray only when you genuinely feel you’re in danger from immediate physical harm.
The “Make My Day” Law
Colorado has a law called the “Make My Day” law. It’s in CRS 18-1-704.5.
This law says you can use any degree of force, including deadly force, against someone who unlawfully enters your home. You need to reasonably believe they’ve committed a crime in your home or intend to commit a crime.
Does this apply to pepper spray? Yes. If someone breaks into your house, you can use pepper spray to defend yourself.
The law gives homeowners a lot of protection. You don’t have to prove the intruder was armed. You don’t have to prove they were going to hurt you. Just that they unlawfully entered and you believed they intended to commit a crime.
Using Pepper Spray on Animals
You can also use pepper spray on aggressive animals in Colorado. This is legal self-defense.
If a dog is attacking you, you can spray it. If you’re hiking and encounter an aggressive animal, pepper spray is a legal option.
Colorado has a lot of wildlife. Bears, mountain lions, and aggressive dogs are real concerns in some areas. Many people carry bear spray specifically for this reason.
Bear spray is basically just a stronger, longer-range version of regular pepper spray. It’s legal to carry in Colorado.
What Happens After You Use Pepper Spray
Let’s say you’re in a situation where you had to use pepper spray in self-defense. What should you do next?
First, get to safety. That’s the whole point of pepper spray. It gives you time to escape.
Second, call 911. Report what happened. Even if you were defending yourself, you want the incident documented.
Third, provide first aid if possible. If you sprayed someone and they’re having severe reactions, they need medical attention. Rinsing the affected areas with clean water helps.
Fourth, document everything. Write down what happened while it’s fresh in your memory. Get contact information from witnesses. If there are security cameras nearby, that footage could be important.
You might want to talk to a lawyer, especially if the situation was complicated. Self-defense cases can be tricky, and having legal advice protects you.
Buying Pepper Spray in Colorado
You can buy pepper spray at many retail stores in Colorado. Sporting goods stores, outdoor retailers, and self-defense shops usually carry it.
You can also order pepper spray online and have it shipped to Colorado. Most websites will ship pepper spray to the state without any issues.
When you buy pepper spray, look for products that clearly list their OC concentration. Most effective pepper sprays contain 10% to 18% OC.
Check the spray pattern. Some pepper sprays shoot a stream, some spray a cone, and some create a fog. Each has advantages and disadvantages.
Stream sprays have better range and are less affected by wind. Cone sprays are easier to aim and cover a wider area. Fog sprays create a cloud that can affect multiple attackers but might blow back on you in windy conditions.
Also check the expiration date. Pepper spray doesn’t last forever. Most canisters expire after 3 to 4 years.
Common Misconceptions About Pepper Spray Laws
Many people assume pepper spray laws are stricter than they actually are. Let me clear up some confusion.
You don’t need to warn someone before spraying them. Some people think you have to yell “Stop or I’ll spray you!” first. Not true. If you’re in danger, you can defend yourself immediately.
You don’t need a permit or license. This isn’t like a concealed carry permit for a gun. Pepper spray doesn’t require any special paperwork in Colorado.
There’s no registration requirement. You don’t have to register your pepper spray with the police or any government agency.
You can carry it concealed. It doesn’t have to be visible. You can keep it in your purse, pocket, or bag.
Personally, I think these misconceptions keep some people from carrying pepper spray who really should have it for protection.
Tips for Carrying Pepper Spray
If you decide to carry pepper spray in Colorado, here are some practical tips.
Keep it accessible. Pepper spray doesn’t help if it’s buried at the bottom of your bag. Attach it to your keychain or keep it in an easy-to-reach pocket.
Know how to use it before you need it. Read the instructions. Test it outside (away from people) so you know how it works. The middle of an attack is not the time to figure out which way the nozzle points.
Check your canister regularly. Make sure it’s not expired. Give it a quick shake occasionally to make sure the contents haven’t settled.
Consider taking a self-defense class. Many classes include training on how to use pepper spray effectively. You’ll learn proper technique, stance, and when to deploy it.
Replace it after use. If you’ve used your pepper spray, even just for testing, replace it. You want a full canister when you actually need it.
Practice your awareness. Pepper spray is most effective when you have a few seconds to react. Stay alert in parking lots, elevators, and other potentially risky situations.
Penalties for Misusing Pepper Spray
Let’s talk about what happens if you misuse pepper spray in Colorado. The penalties are serious.
Using pepper spray on someone when you’re not in actual danger is assault. This could be charged as second-degree assault under CRS 18-3-203.
Second-degree assault is typically a class 4 felony. You could face 5 to 16 years in prison and fines up to $100,000. That’s no joke.
If the assault happened “in the heat of passion,” it might be reduced to a class 6 felony. That’s still 12 to 18 months in prison and fines up to $100,000.
Using pepper spray on a law enforcement officer is even worse. That’s always a felony, and you’re looking at serious prison time.
Using pepper spray during another crime makes both charges worse. If you’re committing burglary and you spray someone, both the burglary and assault charges apply.
Bottom line? Only use pepper spray when you genuinely need to defend yourself.
Pepper Spray vs. Other Self-Defense Options
How does pepper spray compare to other self-defense options in Colorado?
Stun guns and tasers are also legal in Colorado. Like pepper spray, you don’t need a permit to carry them. But they require closer range. You basically have to touch someone with a stun gun for it to work.
Firearms are legal but require more training, permits, and responsibility. Guns are considered lethal force. The situations where you can legally use a gun are more limited than when you can use pepper spray.
Knives are legal in Colorado with some restrictions. But using a knife in self-defense often means you’re in very close contact with an attacker. That’s more dangerous for you.
Pepper spray gives you range. You can stop someone from 10 to 15 feet away with most pepper sprays. That’s a huge advantage.
It’s also non-lethal. You can use pepper spray in situations where lethal force wouldn’t be justified. This actually makes it more practical for most self-defense situations.
What the Law Actually Says
Colorado’s self-defense laws are found in CRS 18-1-704. Here’s what it says in plain language.
You can use physical force to defend yourself or someone else when you reasonably believe someone is about to use unlawful physical force against you. The amount of force you use should be what you reasonably believe is necessary.
The law specifically says you don’t have a duty to retreat. This was updated to make it crystal clear that you don’t have to try to run away first.
The “Make My Day” law, CRS 18-1-704.5, gives even more protection if you’re in your home. Any occupant of a dwelling can use any degree of physical force, including deadly force, against an intruder who unlawfully entered and the occupant reasonably believes has committed a crime or intends to commit a crime.
These laws apply to pepper spray just like they apply to any other form of self-defense.
Recent Changes and Updates
Colorado’s pepper spray laws haven’t changed much recently. The basic rules have been consistent for years.
The main self-defense laws, CRS 18-1-704 and 18-1-704.5, were last updated in 2024, but the changes didn’t affect pepper spray specifically.
What has changed is enforcement. Police and prosecutors are taking assault charges more seriously, including assault with pepper spray. If you misuse pepper spray, expect to face consequences.
Also, more retailers are selling pepper spray now. It’s easier to find and purchase than it was a few years ago. Many people now carry it as a routine part of their personal safety plan.
Should You Carry Pepper Spray?
That’s a personal decision. But here are some things to consider.
Colorado’s violent crime rate is higher than the national average. According to recent statistics, Colorado has about 493 violent crimes per 100,000 people. The national average is 381. That’s about 30% higher.
Cities like Denver have particularly high crime rates. If you live in or frequently visit urban areas, carrying pepper spray might make sense.
It’s also useful if you’re often alone in isolated areas. Joggers, hikers, and people who work late hours might benefit from having pepper spray.
Pepper spray is one of the most accessible self-defense tools. It’s affordable, legal, easy to carry, and doesn’t require extensive training.
That said, it’s not magic. Pepper spray won’t solve every dangerous situation. But it can give you options you wouldn’t otherwise have.
Training and Practice
If you’re going to carry pepper spray, invest a little time in learning how to use it properly.
Many gun ranges and self-defense schools offer pepper spray training. These classes usually last an hour or two and cost $20 to $50.
You’ll learn proper stance, aiming technique, and when to deploy. You’ll also learn about the effects so you’re not surprised if some spray blows back on you.
Some classes include practice with inert training canisters. These let you get a feel for the spray pattern without actually deploying the OC.
You can also practice at home with an expired or nearly-empty canister. Go outside, away from people and pets. Test the spray pattern and range. Get comfortable with how it feels in your hand.
The more familiar you are with your pepper spray, the more effective it will be if you actually need it.
Frequently Asked Questions
Can I carry pepper spray in my car in Colorado?
Yes, you can keep pepper spray in your car in Colorado. There’s no law against it. Just make sure it’s stored safely so it doesn’t accidentally discharge.
Do I need to tell police I’m carrying pepper spray?
No, you don’t have to inform police that you’re carrying pepper spray. It’s not a firearm, so those disclosure rules don’t apply. But if an officer asks, answer honestly.
Can I carry pepper spray in a bar or restaurant?
Generally yes, unless the establishment specifically prohibits it. Private businesses can set their own rules. But there’s no state law banning pepper spray in bars or restaurants.
What happens if I accidentally spray someone with pepper spray?
Accidental discharge isn’t typically a crime if it was truly accidental. But you could be liable for any injuries. You might face a civil lawsuit. This is why it’s important to carry pepper spray safely.
Is bear spray the same as regular pepper spray?
Not exactly. Bear spray is designed for use on bears and typically has a lower OC concentration but a much longer range. Both are legal in Colorado. Some people prefer bear spray for hiking, while regular pepper spray is better for personal defense against humans.
Final Thoughts
Pepper spray is legal and accessible in Colorado. You can buy it, carry it, and use it for self-defense without jumping through a bunch of legal hoops.
The rules are simple. Be over 18. Don’t have serious criminal convictions. Only use it when you’re genuinely in danger. Don’t take it on planes or into government buildings.
Stay safe out there. If you decide to carry pepper spray, get familiar with it. Know how it works. Understand when you can legally use it.
And remember, pepper spray is just one tool for personal safety. Stay aware of your surroundings. Trust your instincts. Avoid risky situations when you can.
When in doubt about the law, talk to a lawyer. They can give you advice specific to your situation.
References
- Colorado Revised Statutes 18-1-704 (Use of physical force in defense of a person) – https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-18.pdf
- Colorado Revised Statutes 18-1-704.5 (Make My Day law) – https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-18.pdf
- Colorado Revised Statutes 18-12-108 (Possession of weapons by previous offenders) – https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-18.pdf
- Colorado Revised Statutes 18-3-203 (Assault in the second degree) – https://codes.findlaw.com/co/title-18-criminal-code/co-rev-st-sect-18-3-203/
- Colorado Department of Revenue – Control Devices and Techniques – https://cdor.colorado.gov/control-devices-and-techniques
