Can a convicted felon carry pepper spray in North Carolina?

Answer 1

No ! A felon can not carry pepper spray. See Section (7) of this law.

14-401.6. Unlawful to possess, etc., tear gas except for certain purposes.

(a) It is unlawful for any person, firm, corporation or association to possess, use,

store, sell, or transport within the State of North Carolina, any form of that type of gas

generally known as "tear gas," or any container or device for holding or releasing that

gas; except this section does not apply to the possession, use, storage, sale or

transportation of that gas or any container or device for holding or releasing that gas:

(1) By officers and enlisted personnel of the armed forces of the United

States or this State while in the discharge of their official duties and

acting under orders requiring them to carry arms or weapons;

(2) By or for any governmental agency for official use of the agency;

(3) By or for county, municipal or State law-enforcement officers in the

discharge of their official duties;(4) By or for security guards registered under Chapter 74C of the General

Statutes, company police officers commissioned under Chapter 74E of

the General Statutes, or campus police officers commissioned under

Chapter 74G of the General Statutes provided they are on duty and have

received training according to standards prescribed by the State Bureau

of Investigation;

(5) For bona fide scientific, educational, or industrial purposes;

(6) In safes, vaults, and depositories, as a means or protection against

robbery;

(7) For use in the home for protection and elsewhere by individuals, who

have not been convicted of a felony, for self-defense purposes only, as

long as the capacity of any:

a. Tear gas device or container does not exceed 150 cubic

centimeters,

b. Tear gas cartridge or shell does not exceed 50 cubic centimeters,

and

c. Tear gas device or container does not have the capability of

discharging any cartridge, shell, or container larger than 50 cubic

centimeters.

(b) Violation of this section is a Class 2 misdemeanor.

(c) Tear gas for the purpose of this section shall mean any solid, liquid or gaseous

substance or combinations thereof which will, upon dispersion in the atmosphere, cause

tears in the eyes, burning of the skin, coughing, difficulty in breathing or any one or more

of these reactions and which will not cause permanent damage to the human body, and

the substance and container or device is designed, manufactured, and intended to be used

as tear gas. (1951, c. 592; 1969, c. 1224, s. 8; 1977, c. 126; 1979, c. 661; 1983, c. 794, s.

9; 1991 (Reg. Sess., 1992), c. 1043, s.