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Elizabeth, NJ asked in Civil Rights, Criminal Law and Personal Injury for New Jersey

Q: Can carrying pepper spray for self-defense lead to legal trouble in New Jersey?

I am frequently harassed and sometimes assaulted by strangers in supermarkets and stores in New Jersey. As a racially half black person with brown skin practicing Islam, although I don't wear a headscarf, I feel like people may be discriminating against me. I am considering wearing pepper spray on my wrists and using it for self-defense if necessary. Could this action potentially lead to legal trouble?

2 Lawyer Answers

A: Yes you can get in trouble because remember the defense of self defense is not just based on what you feel at the time, but what a judge or jury after the fact will consider reasonable. In this state the best defense is always to withdraw from the situation if at all possible, this is not a stand your ground state.

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Answered

A: In New Jersey, you are allowed to carry pepper spray for self-defense, but there are some important rules you need to follow. The law permits adults to carry one pocket-sized canister of pepper spray, not exceeding three-quarters of an ounce. You must use it only for self-defense and not as a threat or in any aggressive way.

If you use pepper spray in a situation where you are genuinely trying to protect yourself from harm, you are generally within your rights. However, if it’s used recklessly or without a real threat, you could face criminal charges. It’s important to remember that the law does not allow you to carry pepper spray if you have been convicted of certain crimes.

Make sure to keep the pepper spray in a form that is legal in New Jersey and use it only if you truly feel endangered. If you ever need to use it, try to call the police right away to explain what happened. Staying within the guidelines of the law can help you protect yourself while avoiding legal trouble. If you have concerns about your safety, it’s also a good idea to let trusted people know about your situation.

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