Kansas Pepper Spray and Stun Gun Laws (2026)

Kansas has no statute restricting simple possession of pepper spray or a stun gun, and neither device is named in the state's two general weapons statutes, K.S.A. 21-6301 and 21-6302, or in its felon-in-possession statute, K.S.A. 21-6304. But two provisions reach them through language broader than a name. Carrying tear gas or another noxious substance with intent to use it unlawfully is its own separate offense under K.S.A. 21-6302(a)(3), and the paragraph just above it, 21-6302(a)(2), makes concealed carry of "any other dangerous or deadly weapon or instrument of like character" a class A nonperson misdemeanor, a residual clause no Kansas court decision has resolved as applied to a stun gun, though the state's high court struck a similarly worded residual for a different item as unconstitutionally vague in 2020. Kansas's school code separately defines "stun gun" by name for a mandatory-expulsion rule that never shows up in the adult criminal statutes.

Jurisdiction scope: This page covers Kansas state law only, principally K.S.A. 21-6301, 21-6302, 21-6304, 21-5422, 72-6131, 72-6132, 72-6135, 72-6136, and 12-16,124. It does not cover Kansas's concealed handgun license statute in detail, or local municipal ordinances outside the firearms-preemption statute discussed below.

Is pepper spray legal to carry in Kansas?

Generally yes, for ordinary self-defense carry, but Kansas does have a real statute that reaches it under specific circumstances. K.S.A. 21-6301, "criminal use of weapons," enumerates a specific list of prohibited items: bludgeons, sand clubs, metal knuckles, daggers, dirks, billies, blackjacks, slungshots, dangerous knives, straight-edged razors, throwing stars, stilettos, sawed-off shotguns, automatic firearms, and several firearm-specific and prohibited-person provisions. Pepper spray, tear gas, and chemical sprays do not appear anywhere on that list.

The very next section does reach it. K.S.A. 21-6302, "criminal carrying of a weapon," makes it a class A nonperson misdemeanor to knowingly carry, "on one's person or in any land, water or air vehicle, with intent to use the same unlawfully, a tear gas or smoke bomb or projector or any object containing a noxious liquid, gas or substance." Pepper spray is a noxious substance within that language. The offense turns entirely on unlawful intent: ordinary carry for self-defense, without an intent to use the spray unlawfully against someone, is not what this section punishes. Kansas's weapons-of-mass-destruction statute, K.S.A. 21-5422, independently confirms that an ordinary self-defense spray is not treated as a prohibited weapon in the state: subsection (d)(5) exempts "any individual self-defense device, including those using a pepper spray or chemical mace" from that statute's ban on biological, chemical, and nuclear weapons.

K.S.A. Chapter 21, article 63 contains no age, capacity, or purchase-channel restriction on pepper spray. Nor does it bar a felon from carrying one: K.S.A. 21-6304, Kansas's felon-in-possession statute, defines "weapon" to mean "a firearm or a knife" in subsection (d), so a Kansas felon is not barred by that statute from possessing pepper spray.

Are stun guns legal to carry in Kansas?

For an adult, Kansas's adult criminal code does not name a stun gun, taser, or electronic weapon anywhere in K.S.A. 21-6301 or 21-6302, the state's two general weapons-possession and carrying statutes. But both sections close with a residual clause a stun gun could fall inside, and Kansas law does not resolve whether it does. K.S.A. 21-6301(a)(2) makes it a class A nonperson misdemeanor to possess, with intent to use unlawfully against another, an enumerated list of items "or any other dangerous or deadly weapon or instrument of like character." K.S.A. 21-6302(a)(2) makes it a class A nonperson misdemeanor to carry, concealed on one's person, "a billy, blackjack, slungshot or any other dangerous or deadly weapon or instrument of like character," with no unlawful-intent element required for that paragraph. Whether a stun gun is a "dangerous or deadly weapon or instrument of like character" is not answered by either section's text, and no Kansas court decision resolves the question. The Kansas Supreme Court has held the parallel residual clause in the felon-in-possession statute, K.S.A. 21-6304 ("or any other dangerous or deadly cutting instrument of like character"), unconstitutionally vague, ruling in State v. Harris, No. 116,515 (Kan. July 17, 2020), that the clause "fails to provide an explicit and objective standard of enforcement." That holding reaches only 21-6304's cutting-instrument residual; the Kansas Supreme Court has not ruled on the weapon residual in 21-6301 and 21-6302. Ordinary open carry of a stun gun by an adult is not reached by either section's named, enumerated list, but concealed carry sits inside that genuine, unresolved question rather than a settled "no restriction" answer.

K.S.A. 21-6304, Kansas's felon-in-possession statute, does not reach a stun gun either: subsection (d) defines "weapon" to mean "a firearm or a knife," so a Kansas felon is not barred by that statute from possessing one, though the residual-clause question above about concealed carry still applies to anyone, felon or not.

Kansas's school code tells a different story for pupils. K.S.A. 72-6131(h)(1)(I) and the parallel definition at K.S.A. 72-6135(f)(9) define "weapon," for purposes of the state's school-safety statutes, to include "any electronic device designed to discharge immobilizing levels of electricity, commonly known as a stun gun," alongside firearms, explosive devices, and switchblade knives. K.S.A. 72-6132 requires every Kansas school board to adopt a written policy expelling a pupil found in possession of a weapon, defined that way, at school, on school property, or at a school-supervised activity, for a minimum of one year, subject to a hearing. The chief administrative officer of the pupil's school, not the school board, may modify the expulsion requirement, and only in a manner consistent with federal law; nothing in the statute lets the board itself soften the one-year minimum it adopted. K.S.A. 72-6136 separately requires a report to law enforcement when a pupil 13 or older is found with a weapon at school, which can lead to a suspension or revocation of that pupil's driver's license. Neither statute is a criminal offense in itself; both are school-discipline and licensing mechanisms triggered by the same "weapon" definition that names a stun gun specifically.

Where you can't carry either device, and preemption

Outside the school-expulsion and license-suspension mechanism and the concealed-carry residual clause described above, Chapter 21, article 63 contains no other place-based restriction, such as a courthouse or government-building ban, written around pepper spray or a stun gun by name.

Kansas's local-preemption statute, K.S.A. 12-16,124, bars a city or county from adopting or enforcing any ordinance, resolution, regulation, or administrative action governing fees, licenses, permits, commerce, sale, purchase, transfer, ownership, storage, carrying, transporting, or taxation of "firearms or ammunition, or any component or combination thereof." That statute's text is scoped to firearms and ammunition; it does not mention pepper spray, tear gas, stun guns, or any other electronic weapon, so it does not, on its own text, bar a Kansas city or county from adopting a stricter local rule for either device the way it bars local firearm regulation.

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 Kansas's pepper spray and stun gun laws as of September 2026. It is not legal advice. Consult a lawyer licensed in Kansas for advice about a specific situation.

For a state-by-state comparison, see pepper spray and stun gun laws by state. Kansas's self-defense statutes are covered separately on the Kansas 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 it illegal to carry pepper spray in Kansas?

Not for ordinary self-defense carry. K.S.A. 21-6301 does not list pepper spray among its prohibited weapons. But K.S.A. 21-6302(a)(3) makes it a class A nonperson misdemeanor to carry tear gas or another noxious substance with intent to use it unlawfully against someone, so the offense turns on intent, not on possession itself. Kansas's felon-in-possession statute (K.S.A. 21-6304) defines 'weapon' as a firearm or a knife, so it does not bar a felon from possessing pepper spray either.

Are stun guns legal in Kansas?

For an adult, Kansas's adult criminal code (K.S.A. 21-6301, 21-6302) does not name a stun gun, taser, or electronic weapon, so ordinary open carry is not reached by either section's enumerated list. But both sections close with a residual clause for 'any other dangerous or deadly weapon or instrument of like character,' and concealed carry falls under 21-6302(a)(2)'s version of that clause, a class A nonperson misdemeanor. Kansas law does not say whether a stun gun is such an instrument, so concealed carry is not a settled 'no restriction' answer. The Kansas Supreme Court struck a similarly worded residual, the cutting-instrument clause in K.S.A. 21-6304, as unconstitutionally vague in State v. Harris, No. 116,515 (Kan. July 17, 2020), but that holding does not reach the weapon residual in 21-6301 or 21-6302. Kansas's felon-in-possession statute (K.S.A. 21-6304) defines 'weapon' as a firearm or a knife, so it does not bar a felon from possessing a stun gun. Kansas's school code, K.S.A. 72-6131 and 72-6135, does define a stun gun as a 'weapon' for pupils, which triggers a mandatory minimum one-year expulsion policy under K.S.A. 72-6132.

Can a student be expelled for having a stun gun at a Kansas school?

Yes. Kansas's school-weapon definition (K.S.A. 72-6131(h)(1)(I), 72-6135(f)(9)) names 'any electronic device designed to discharge immobilizing levels of electricity, commonly known as a stun gun' as a weapon, and K.S.A. 72-6132 requires school boards to adopt a policy expelling a pupil found with one at school for at least one year, subject to a hearing. The chief administrative officer of the pupil's school, not the board, may modify that one-year expulsion, and only in a manner consistent with federal law.

Does Kansas preempt local pepper spray or stun gun ordinances?

Not under its firearms preemption statute. K.S.A. 12-16,124 bars local regulation of 'firearms or ammunition' specifically; its text does not extend to pepper spray or stun guns, so it does not bar a Kansas city or county from regulating those devices the way it bars local firearm regulation.