Current events, goings-on in Delaware and anything else of interest here.
 #111502  by fdegree
 
I've been doing some research on DE's law regarding pepper spray. Mainly because my child is 16 and will be driving alone very soon, and I'm considering some legal options for self-defense.

Here is what I've found so far:
TITLE 11
CHAPTER 2
§ 222 General definitions.
(4) "Dangerous instrument" means any instrument, article or substance which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious physical injury, or any disabling chemical spray, as defined in paragraph (7) of this section or any electronic control devices including but not limited to a neuromuscular incapacitation device designed to incapacitate a person.
.....

(7) "Disabling chemical spray" includes 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.


Then, in the following:
TITLE 11
CHAPTER 5
§ 1443 Carrying a concealed dangerous instrument; class A misdemeanor.
(c) For the purposes of this section, disabling chemical spray, as defined in § 222 of this title, shall not be considered to be a dangerous instrument.


Please correct anything that I have gotten wrong --- So, unless I'm missing something, it would appear that:
....any type, strength or size of pepper spray is legal in Delaware
....carrying it concealed is also legal
....I didn't find anything that places age limitations on carrying pepper spray. However, I found other internet articles that suggested no one under 18 could legally possess it???
....using it for Self-Defense purposes is legal

Anyway, this is what I'm considering for the vehicle while my child is driving alone:
FRONTIERSMAN Bear Spray

If anyone has other ideas, I'm certainly willing to consider other possibilities/options.
 #111503  by whatevah
 
I have one of those bear sprays... they're no joke! But, also not really practical for walking around with, around the same diameter as a can of hair spray. More for keeping under the seat in a car. I'd recommend a standard spray can for self-defense, they're just as strong (or better) but can fit in a pocket or purse easier.

As for your research, I did some brief searching myself and found a few pages saying that either purchase or posession by minors is prohibited, but with no links or code references. So, I searched through Title 11 (use the pdf- http://delcode.delaware.gov/title11/title11.pdf ) and the only other references besides the ones you show above were against using the spray in other crimes.

Based on that, there are no state-wide laws prohibiting posession or purchase of pepper spray for your or your child in Delaware.

But, there are smaller jurisdictions... I checked the New Castle County codes. Neither pepper spray or chemical spray or mace was found in a search of the codes. I also search the Wilmington city codes... chemical spray was found, but only in terms of paint booths or pesticides. Then I searched the Newark codes, no results. Same thing for New Castle City (just pesticides). And, since I apparently have nothing better to do... looked through Kent County and Dover city codes. again, no bans.
links- https://library.municode.com/de/new_cas ... ordinances
https://library.municode.com/de/wilming ... ordinances https://library.municode.com/de/newark/ ... ordinances
https://ecode360.com/NE1562?needHash=true
https://ecode360.com/KE1751
https://library.municode.com/de/dover/c ... ordinances

Since laws only prohibit actions and not allow them... no mention means you're good to go. (of course- I'm not a lawyer)
 #111504  by fdegree
 
Thank you!

I appreciate your time and efforts in doing that additional research. Your input is much appreciated!