“State Restrictions on Magazines, Chemical Sprays and Stun Guns”
High Capacity Magazine Banned or Restricted 11/27/08
If state is not listed then higher capacity magazines are legal.
California Large Capacity Magazines
With limited exceptions, California law prohibits any person from manufacturing, importing into
the state, keeping for sale, offering or exposing for sale, giving, or lending any large capacity
magazine. Cal. Penal Code § 12020(a)(2), (b). A "large capacity magazine" is defined as any
ammunition feeding device with the capacity to accept more than ten rounds, but does not include
any .22 caliber tube ammunition feeding device, any feeding device that has been permanent ly
altered so that it cannot accommodate more than ten rounds, or any tubular magazine that is
contained in a lever action firearm. Section 12020(c)(25). California does not ban the possession of
large capacity magazines.
Upon a showing of good cause, the California Department of Justice may issue permits for the
possession, transportation, or sale of large capacity ammunition magazines between a licensed
California firearms dealer and an out of state customer. Section 12079(a). This requirement applies
for only the out of state importation and exportation of large capacity ammunition magazines,
including the transportation of such magazines as necessary to complete a transfer to or from an out
of state source. See Cal. Code Regs. tit. 11, § 978.40.
Large capacity magazines may be manufactured for any federal, state, or local government or law
enforcement agency, or for use by agency employees in the discharge of their official duties,
whether on or off duty. Section 12020(b)(30). Large capacity magazines may also be purchased or
loaned for the sole use as a motion picture, television or video prop. Section 12020(b)(31), (32)(A).
Such magazines may also be resold to law enforcement agencies, government agencies, or the
military, pursuant to applicable federal regulations. Section 12020(b)(32)(C).
For additional large capacity ammunition magazine regulations, see Cal. Code Regs. tit. 11, §§
978.40978.44.
Hawaii High Capacity Ammunition Magazines
“The manufacture, possession, sale, barter, trade, gift, transfer, or acquisition of detachable
ammunition magazines with a capacit y in excess of ten rounds which are designed for or capable of
use with a pistol is prohibited." Haw. Rev. St at. § 1348(c).
Illinois
Aurora
(§ 2949) bans the possession, sale, or acquisition of large capacity feeding devices
(magazines with a capacity of more than 15 rounds).
Chicago
(§ 820030(i) and 824025) bans the transfer, acquisition or possession of assault
ammunition (any ammunition magazine having a capacity of more than 12 rounds).
Franklin Park
(§ 313G3) bans the transfer, acquisition, possession, manufacture or distribution of assault
ammunition (any detachable ammunition magazine having a capacity of more than 16
rounds).
Oak Park
(§§ 2721 and 2712) bans the possession and sale of large capacity feeding devices
(magazines with a capacity of more than 10 rounds).
Riverdale
(§ 5.120.180 and 5.120.190) bans the possession, transfer, acquisition or manufacture of
assault ammunition (a detachable magazine box with a capacity of “more than 35 rounds
centerfire.”).
Maryland High Capacity Magazines
“A person may not manufacture, sell, offer for sale, purchase, receive, or transfer a detachable
magazine that has a capacity of more than 20 rounds of ammunition for a firearm.” Md. Criminal
Law Code § 4305(b). This section does not apply to a .22 caliber rifle with a tubular magazine.
Section 4305(a).
Massachusetts Large Capacity Feeding Devices
The sale, offering for sale, transfer or possession of large capacity feeding devices for assault
weapons (as defined under Mass. Gen. Laws ch. 140, § 121), is prohibited unless such device was
lawfully possessed on September 13, 1994. Ch. 140, § 131M.
Under Massachusetts law, a “large capacity feeding device” is defined as: “(i) a fixed or detachable
magazine, box, drum, feed strip or similar device capable of accepting, or that can be readily
converted to accept, more than ten rounds of ammunition or more than five shotgun shells; or (ii) a
large capacity ammunition feeding device as defined in the federal Public Safety and Recreational
Firearms Use Protection Act, 18 U.S.C. section 921(a)(31) as appearing in such sect ion on
September 13, 1994.” Ch. 140, § 121. This does not include “an attached tubular device designed to
accept, and capable of operating only wit h, .22 caliber ammunition.” Id.
Large capacity feeding devices designed for large capacity rifles and shotguns may be lawfully
possessed by a holder of a Class A or B license to carry. Ch. 140, § 131(a), (b)(ii). Large capacity
feeding devices designed for handguns may be possessed only by persons holding a Class A license
to carry. Ch. 140, § 131(a).
The Massachusetts Secretary of Public Safety (“Secretary”) is required to compile and publish a
roster of large capacity handguns, rifles, shotguns and feeding devices for those firearms, as those
weapons and devices are defined in Ch. 140, § 121. Ch. 140, § 131 3/4. The Secretary may amend
the roster upon his or her own initiative, upon the initiative of the Gun Control Advisory Board
under Ch. 140, § 131 1/2, or upon the petition of any person seeking to place a weapon on or
remove a weapon from the roster. Ch. 140, § 131 3/4.
New Jersey Large Capacity Feeding Devices
New Jersey prohibits the manufacture, transport, shipment, sale or disposal of large capacity
ammunition magazines, unless the magazine is intended to be used for authorized military or law
enforcement purposes. N.J. Rev. Stat § 2C:399h. New Jersey law defines “large capacity
ammunition magazine” as a box, drum, tube or other container which is capable of holding more
than 15 rounds of ammunition to be fed continuously and directly into a semiautomatic firearm.
Section 2C:391y
New York Large Capacity Ammunition Feeding Device
It is a class D felony to manufacture, transport, dispose of, or possess a large capacity ammunition
feeding device, which N.Y. Penal Law § 265.00(23) defines as "a magazine, belt, drum, feed strip,
or similar device" manufactured after September 13, 1994, "that has a capacity of, or that can be
readily restored or converted to accept, more than ten rounds of ammunition." Section 265.02.
States where stun devices are legal but with some restrictions:
If a state is not listed it is legal to possess and carry a stun device.
Connecticut Title 53 Chapter 943 Sec. 53206.
Legal for home use, carrying prohibited.
California 5 CCR § 100015
Stun guns and TASERS are not permitted on the property of any state universities.
PC Part 1 Title 7 Chpt. 7 Part 171b
Illegal to have stun guns within any state or local public building or at any meeting required to be
open to the public
Florida 790.01 (4)(b)
A nonlethal stun gun or dart firing stun gun or other nonlethal electric weapon or device that is
designed solely for defensive purposes. (Note: Non Lethal is the word that makes this law)
Georgia 1611127.1 (a)(2)
Illegal to carry within 1,000 feet of any real property owned by or leased to any public or private
elementary school, secondary school, or school board and used for elementary or secondary
education and in, on, or within 1,000 feet of the campus of any public or private technical school,
vocational school, college, university, or institution of post secondary education.
Indiana IC 354118
Handgun provisions applies to an electronic stun weapon or taser.
Kansas 7289a01 Not allowed in schools. Same as a firearm.
Mississippi § 459101 Must be licensed t o carry a stun gun.
Minnesota 624.731 Subd. 9 State law gives local authorities power to regulate possession,
carrying etc. of stun guns.
North Carolina § 14269
Not allowed to carry in schools. (Note: I have found references that state in NC you must carry a
stun gun openly. I can not find that in their law. Use Caution)
North Dakota 62.10101. & 62.10402. Not allowed in places that serve alcohol for
consumption on the premises or gaming establishments.
Ohio § 2923.11 Some Ohio cit ies have laws concerning Stun Devices.
Legal, subject to restrictions.
States where stun devices are illegal:
Hawaii §13416
Illinois 720 ILCS 5/241
Massachusetts Chapter 140: Section 131J
Michigan 750.224a
New Jersey 2C:393.
New York § 265.01
Rhode Island § 114742
Wisconsin 941.295
Cities where stun devices are illegal:
Annapolis, MD Municipal Code 1.44.070
Baltimore, MD City Code 115
Baltimore County, MD Co. Code 172104
District of Columbia DC Code § 72501.01.
Howard County, MD Sec. 8.404
New York City, NY Administrative Code 10135
Philadelphia, PA Ordinance. Statute 10825
Bellingham , WA 10.30.
States Where Chemical Sprays are Restricted or Have Some Restrictions
If state is not listed then a defensive chemical spray for self defense is legal to carry.
Airports/Airlines: Federal Law forbids carrying any t ype of tear gas or pepper sprays on airplanes
or in the security area of an airport.
Alaska: 11.81.900 (a)(18) not designed to cause death or serious physical injury .... 11.61.210
(a)(6) prohibits the sale of a defensive weapon to a person under 18 years of age. (Note: some
sellers of Pepper Spray state that the container can not exceed 150cc)
Arkansas: 573124 legal to possess “… a small container of tear gas or pepper spray to be
used for self defense purposes only, but the capacity of the cart ridge or container shall not exceed
one hundred fifty cubic centimeters (150cc)”
California: Penal Code 12403.7 Misuse of tear gas in California comes wit h state penalties of up
to a $1000 fine and/or up to three years in prison Minors, drug addicts or persons convicted of
felonies, assault or misuse of tear gas are legally prohibited from possessing tear gas. To be legally
purchased, possessed or used in California, any canister must have a label that says "WARNING:
The use of this substance or device for any purpose other than self defense is a crime under the law.
The contents are dangerous use with care." The maximum legal net weight for a canister is 2.5
ounces, or 70 grams of OC.
DC: 72502.14 Self defense sprays are lawful if used or possessed by a person 18 or over “in the
exercise of reasonable force in defense of the person or the person’s property only if it is propelled
from an aerosol container, labeled with or accompanied by clearly written instructions as to its use,
and dated to indicate its anticipated useful life.” When purchasing such a spray, the buyer must
complete a standard registration form, and the vendor must forward the form to the Metropolitan
Police Department.
Hawaii: Only OC products are legal for use by or sale to persons 18 and over. There is a ½ ounce
size restrict ion and there are licensing requirements.
Illinois: 720 ILCS 5/241 The use of a product “…containing a nonlethal noxious liquid gas or
substance designed solely for personal defense carried by a person 18 years of age or older”
Massachusetts: Chapter 140, Section 121 Massachusetts residents may only purchase defense
sprays from licensed Firearms Dealers in that state. The licensing authority is the local chief of
police or other persons authorized by the locality.
Michigan: 750.224d. OC Pepper Spray (this is our type of pepper spray) can be no stronger then a
2% concentrate. CS is the only Tear Gas accepted and can be no larger then 35 grams per can. No
combination spray allowed.
Minnesota: 624.731 in the exercise of reasonable force and defense of the person or the person’s
property only if it is propelled from an aerosol container, labeled wit h or accompanied by clearly
written instructions as to its use, and dated to indicate its anticipated useful life. Possession
including giving municipalities the power, if they so elect, to license the retail sellers of self defense
sprays.
Nevada: 202.370 Thru 202.440 Nevada law prohibits possession of tear gas weapons, except for
CS by adult (no felons) with no more than 2 fluid ounces in the form of an aerosol spray “which is
designed and intended for use as an instrument of self defense”.
New Jersey: 2C:396i Any non-felon 18 or over may possess for the purpose of self defense “one
pocket sized device which contains and releases not more than three quarters of an ounce of
chemical substance not ordinarily capable of lethal use or of inflicting serious bodily injury, but
rather is intended to produce temporary physical discomfort or disability through being vaporized or
otherwise dispensed in the air”.
New York: Section 265.25 (14) and (15) The possession of “self defense sprays” by persons who
are not felons or who have been convicted of an assault, 18 or over for the protection of person or
property and its otherwise lawful use is legal. “Self defense spray” is defined as “a pocket sized
spray device which contains and releases a chemical or organic substance which is intended to
produce temporary physical discomfort or disability through being vaporized or otherwise
dispensed in the air or any like device containing tear gas, pepper spray or similar disabling agent”.
There are certain labeling requirements. Sales require both a seller’s license and the completion by
a purchaser of a registration form. New York residents may only purchase defense sprays from
licensed Firearms Dealers or licensed Pharmacists in that state. No more than two sprays may be
sold at any one time to a single purchaser.
North Carolina: 14401.6. Possession and use o f self defense sprays is lawful for non felons so
long as the device does not exceed 150 cubic centimeters (150cc).
South Carolina: 1623470 It is lawful to possess a container not exceeding fifty cubic centimeters
(50cc) containing tear gas “for self defense purposes only”.
Wisconsin: 941.26 and Justice Regulations 14.01 UV Dye or combination sprays are not
permissible. A “device or container that contains a combination of oleoresin of capsicum and inert
ingredients” is permissible. By regulation, OC products with a maximum OC concentration of 10%
and weight range of oleoresin of capsicum and inert ingredients of 1560 grams is authorized.
Further, the product can not be camouflaged, and must have a safet y feature designed to prevent
accidental discharge. In addition there are certain labeling requirements.
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