Delaware Pepper Spray and Stun Gun Laws (2026)

Delaware regulates pepper spray and stun guns together, as a single statutory category, but that category can shift depending on how the device is used. Delaware's Criminal Code defines "dangerous instrument" to include both "any disabling chemical spray" and "any electronic control device, including a neuromuscular incapacitation device designed to incapacitate a person." A dangerous instrument is not automatically a "deadly weapon," Delaware's more heavily penalized category, but it becomes one the moment it is used, or attempted to be used, to cause death or serious physical injury.

Jurisdiction scope: This page covers Delaware state law only, principally 11 Del. C. Sections 222, 612, 1442, 1443, 1447, 1448, and 1457. It does not cover Delaware's concealed deadly weapon license statute (Section 1441) in detail, which governs firearms and knives rather than pepper spray or stun guns, or local municipal ordinances.

Is pepper spray legal to carry in Delaware?

Yes. Delaware has no statute that makes simple possession or carrying of pepper spray a crime. The state's Criminal Code defines "disabling chemical spray" broadly, to include "mace, tear gas, pepper spray or any other mixture containing quantities thereof, or any other aerosol spray or any liquid, gaseous or solid substance capable of producing temporary physical discomfort, disability or injury through being vaporized or otherwise dispersed in the air, or any canister, container or device designed or intended to carry, store or disperse such aerosol spray or such gas or solid," and classifies that entire category as a "dangerous instrument" under 11 Del. C. Section 222(5)(b).

That classification matters directly for the one Delaware offense that would otherwise reach concealed carry of a dangerous instrument. Section 1443 makes it a class A misdemeanor to carry a concealed dangerous instrument, but subsection (c) states plainly: "For the purposes of this section, disabling chemical spray, as defined in Section 222 of this title, shall not be considered to be a dangerous instrument." Pepper spray is written out of the offense by name. Delaware's weapons chapter sets no age minimum, capacity or formula limit, or purchase or sale restriction for pepper spray.

Simple possession of pepper spray is also outside Delaware's prohibited-persons weapons statute, Section 1448, and its license-based concealed-carry offense, Section 1442, because both are keyed to "deadly weapon," not "dangerous instrument," and pepper spray is not named in Section 222(6)'s deadly weapon list. That protection is not unconditional, though. Section 222(6)a.13 defines "deadly weapon" to include "a dangerous instrument, which is used, or attempted to be used, to cause death or serious physical injury," so pepper spray becomes a deadly weapon at the moment it is used, or attempted to be used, in that way, which can bring in Section 1447's class B felony for possessing a deadly weapon during a felony, Section 1442's felony for carrying one concealed without a license, and Section 1448's prohibited-persons bar.

Are stun guns legal to carry in Delaware?

Legal to possess, but treated differently than pepper spray for concealed carry. Delaware defines "electronic control device" as "a device designed to incapacitate a person, including but not limited to a neuromuscular incapacitation device" (Section 222(11)), and includes that category within the "dangerous instrument" definition at Section 222(5)(c). Unlike disabling chemical spray, an electronic control device has no carve-out from Section 1443's concealed dangerous instrument offense. Carrying a stun gun concealed on or about the person can be charged as carrying a concealed dangerous instrument, a class A misdemeanor, unless the person raises the statutory defense that the device was carried "for a specific lawful purpose" and the person "had no intention of causing any physical injury or threatening the same." That is a defense the defendant only has to support with some credible evidence, not an affirmative defense the defendant must prove; 11 Del. C. Section 303(c) entitles a defendant who presents such credible evidence to a jury instruction that the jury must acquit if it finds that the evidence raises a reasonable doubt as to the defendant's guilt, a lighter burden than the preponderance-of-the-evidence standard Section 304(a) sets for a defense the Criminal Code itself labels an affirmative defense. Carrying a stun gun openly, rather than concealed, is not reached by Section 1443 at all, since that section only prohibits concealed carry.

As with pepper spray, simple possession of a stun gun is outside Section 1442's license-based concealed-carry offense and Section 1448's prohibited-persons bar, since both are keyed to "deadly weapon." That changes if the stun gun is used, or attempted to be used, to cause death or serious physical injury, at which point it becomes a deadly weapon under Section 222(6)a.13, exposing the same Section 1442, Section 1447, and Section 1448 consequences described above for pepper spray. Delaware Code Title 11, Chapter 5, Subchapter VII sets no individual license or permit requirement, age minimum, or purchase restriction for stun guns.

Where you can't carry either device, and enhanced penalties

Delaware's weapons chapter sets no place-based restriction specific to pepper spray or stun guns, such as a school, courthouse, or government-building ban written around either device by name. Delaware's Safe Recreation Zone statute, Section 1457, elevates specific enumerated weapons offenses, including concealed deadly weapon (Section 1442) and possessing a destructive weapon (Section 1444), when committed in a recreation zone, but Section 1443's concealed dangerous instrument offense is not among the sections it lists, so it does not extend a recreation-zone enhancement to a concealed stun gun charge on its own. The Safe School Zone (Section 1457A), polling place (Section 1457B), and college or university safe zone (Section 1457C) statutes are each written around a "firearm or projectile weapon" and likewise do not name either device.

Using either device to hurt someone is where Delaware's law gets more specific and more serious. Second degree assault, 11 Del. C. Section 612, is a felony offense that includes causing physical injury "by means of a deadly weapon or a dangerous instrument," which covers both pepper spray and a stun gun. Delaware also writes offense-specific language around chemical spray and electronic control devices: intentionally assaulting a law enforcement officer in the performance of the officer's duties with disabling chemical spray or any aerosol or hand-sprayed liquid or gas, with intent to incapacitate the officer and prevent the officer from performing those duties, is charged under Section 612(a)(7); intentionally assaulting any other person with disabling chemical spray or such a liquid or gas, with intent to incapacitate the victim, while committing a crime enumerated elsewhere in Chapter 5 (not while committing a crime generally), is charged under Section 612(a)(8); and causing physical injury to a law enforcement officer, security officer, fire police officer, firefighter, paramedic, or emergency medical technician in the lawful performance of duty by means of an electronic control device is a class C felony under Section 612(a)(12), one grade higher than the class D felony that otherwise applies to second degree assault. And, as described above, using either device to cause or attempt to cause death or serious physical injury turns it into a "deadly weapon" under Section 222(6)a.13, which can add Section 1447's class B felony for possessing a deadly weapon during a felony on top of the assault charge itself.

Federal law: what it does and does not reach

No federal statute regulates a civilian's purchase or possession of pepper spray or a stun gun. Federal law matters in three places.

Federal buildings. Under 18 U.S.C. § 930(a), whoever knowingly possesses or causes to be present "a firearm or other dangerous weapon in a Federal facility (other than a Federal court facility)" faces a fine, imprisonment of up to 1 year, or both. Subsection (e) sets up to 2 years for a federal court facility, and subsection (b) up to 5 years where the weapon is intended to be used in a crime. Section 930(g)(2) defines the term:

The term "dangerous weapon" means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2½ inches in length.

The definition names neither device. Whether a particular spray or stun gun is "readily capable of" causing serious bodily injury is a question of fact the statute does not answer. Subsection (d)(3) exempts "the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes," and subsection (h) requires notice of the ban to be posted at each public entrance. A "Federal facility" is "a building or part thereof owned or leased by the Federal Government, where Federal employees are regularly present for the purpose of performing their official duties."

Air travel. The Transportation Security Administration's screening rules, which are agency policy rather than statute, bar both devices from carry-on bags. One 4 fl. oz. (118 ml) container of mace or pepper spray is permitted in checked baggage if it has a safety mechanism to prevent accidental discharge, and sprays containing more than 2 percent by mass of tear gas (CS or CN) are prohibited in checked baggage. Tasers, stun guns and other electro-shock weapons may travel in checked baggage only if transported so the device cannot discharge accidentally. Airlines may set stricter rules.

National parks. National Park Service regulations prohibit possessing, carrying or using a "weapon" in a park area except as the regulations provide (36 CFR 2.4(b)(1)). 36 CFR 1.4 defines "weapon" to include an "irritant gas device" and any "weapon the possession of which is prohibited under the laws of the State in which the park area or portion thereof is located."

Disclaimer: This article provides general legal information about Delaware's pepper spray and stun gun laws as of September 2026. It is not legal advice. Consult a lawyer licensed in Delaware for advice about a specific situation.

For a state-by-state comparison, see pepper spray and stun gun laws by state. Delaware's self-defense statutes are covered separately on the Delaware self-defense laws page.

Statutes cited reflect their in-force version as of 2026-09-18. Last updated: 2026-09-18.

Frequently Asked Questions

Is pepper spray legal to carry in Delaware?

Yes. Delaware has no statute prohibiting possession of pepper spray, and 11 Del. C. Section 1443(c) expressly excludes disabling chemical spray, defined to include pepper spray, from the state's concealed dangerous instrument offense. Chapter 5, Subchapter VII sets no age minimum, capacity limit, or purchase restriction for it. If it is used, or attempted to be used, to cause death or serious physical injury, it becomes a 'deadly weapon' under Section 222(6)a.13, with separate consequences described below.

Is it legal to carry a stun gun concealed in Delaware?

Delaware defines a stun gun as an 'electronic control device,' a category of 'dangerous instrument' under 11 Del. C. Section 222(5)(c) that is not excluded from Section 1443's concealed dangerous instrument offense the way pepper spray is. Carrying one concealed can be charged as a class A misdemeanor unless the person raises the statutory defense that it was carried for a specific lawful purpose with no intent to cause or threaten physical injury, which the person only has to support with credible evidence, not prove; Section 303(c) then entitles the defendant to a jury instruction that the jury must acquit if it finds the evidence raises a reasonable doubt as to guilt.

Does Delaware require a permit to buy or own pepper spray or a stun gun?

No. Delaware Code Title 11, Chapter 5, Subchapter VII names no permit, license, age minimum, or purchase restriction for either device.

What happens if you use pepper spray or a stun gun to hurt someone in Delaware?

Causing physical injury by means of a dangerous instrument, a category that includes both devices, is second degree assault under 11 Del. C. Section 612, a felony. Delaware also has offense-specific enhancements: assaulting a law enforcement officer in the performance of duties with disabling chemical spray, with intent to incapacitate the officer, or assaulting anyone with disabling chemical spray, with intent to incapacitate them, while committing a crime enumerated elsewhere in Chapter 5, and causing injury to certain first responders with an electronic control device, which is a class C felony. Using either device to cause or attempt to cause death or serious physical injury also turns it into a 'deadly weapon' under Section 222(6)a.13, which can add Section 1447's class B felony for possessing a deadly weapon during a felony.