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Laws and Restrictions on Self Defense Products

What States have Self Defense Laws and Restriction on Self Defense Products? 

When discussing laws and restriction on self defense products the most common questions often pertain to pepper spray and stun guns. Below are links to the pages that deal in depth with these two types of self defense weapons. Beyond that we will discuss the right to defend yourself on a per state basis.

  1.  Where Are Stun Guns Legal
  2. Where Pepper Spray is Legal

Here is what Andrew F. Branca, Esq., the foremost expert in United States self defense law across all 50 states says about how defending yourself should be viewed.

 "A guy looks like bad news. Really bad news. He's got arms the size of tree trunks and furious, drunk eyes that are focused intently on you and your perceived slight against him. He's threatening to "slap you like the bitch you are." You quickly look around but there's nowhere to run. Knowing you're not much in a fist fight, you decide you have two options: take his rage and the resulting hospital bill, or pull your gun. Unfortunately, you've already made your mistake. The guy isn't a deadly threat to you, but your only recompense is deadly force. If only you'd had pepper spray, or a tazer, or some other way of stopping the guy short of your gun. Don't leave the house with just a gun -- give yourself options." -- More

What are Self Defense Laws?

Protecting yourself is generally accepted as a universal idea and pricible, that a person may protect themselves from harm under appropriate circumstances, even when that behavior would normally constitute a crime. In the United States legal system, each state allows a defendant to claim self defense when accused of a violent crime, as does the federal government.

The specific rules pertaining to self-defense vary from jurisdiction to jurisdiction, however. This article offers explanations of the broad concepts that make up self-defense law in the US, but you should check the laws of your particular jurisdiction to understand the specific requirements for a claim of self-defense. - More

Self Defense Law is a vary subjective, volatile, and diverse topic. Why is this you ask? It is Simply because we live in a "civilized society". By realizing this we can better understand the basis from which defense laws are derived. 

A "civilized society" MUST have rules and codes for it's citizens to follow. If there are no boundaries to follow, or if the boundaries are unfairly tipped toward one group or another then chaos will reign. -- Read More

What are the Self Defense Laws in Texas?

Texas: Self-defense is referred to as a "justification" - that is is defined in Section 9.02 of the Texas Penal Code as something that is a "defense to prosecution". Section 9.31 sets for the general requirements of self-defense. Generally, force is justified "when and to the degree necessary to protect the actor against the other's use or attempted use of unlawful force." The individual must have a "reasonable belief that the use of force is immediately necessary.

What are the Self Defense Laws in New York?

New York: In New York, the law of justification is codified in Penal Code Article 35. The key to understanding justification is to recognize that it is all about proportionality and reasonableness. Your response to an attack has to be proportional to the attack that you are defending yourself from.

What are the Self Defense Laws in Indiana?

Indiana: Per Indiana self-defense statute, the legislature said ” In enacting this section, the general assembly finds and declares that it is the policy of this state to recognize the unique character of a citizen’s home and to ensure that a citizen feels secure in his or her own home against unlawful intrusion by another individual or a public servant.

By reaffirming the long standing right of a citizen to protect his or her home against unlawful intrusion, however, the general assembly does not intend to diminish in any way the other robust self defense rights that citizens of this state have always enjoyed. Accordingly, the general assembly also finds and declares that it is the policy of this state that people have a right to defend themselves and third parties from physical harm and crime.The purpose of this section is to provide the citizens of this state with a lawful means of carrying out this policy.” https://banksbrower.com/2013/07/21/a-look-at-indianas-self-defense-law/

What are the Self Defense Laws in Alabama?

(a) A person is justified in using physical force upon another person in order to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he or she may use a degree of force which he or she reasonably believes to be necessary for the purpose.  A person may use deadly physical force, and is legally presumed to be justified in using deadly physical force in self-defense or the defense of another person pursuant to subdivision (5), if the person reasonably believes that another person is: - See more at: http://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-3-23.html#sthash.BbWpbwcY.dpuf

What are the Self Defense Laws in Georgia?

Read William Silverlance's answer to What are the laws regarding self defense in Georgia? on Quora

What are the Self Defense Laws in Virginia?

Virgina: II. STATE CONSTITUTIONAL “RIGHT TO DEFEND LIFE” PROVISIONS what are the self defense laws in arkansas “All men are created equally free and independent,and have certain inherent and inalienable rights; amongst which are those of enjoying and defending life and liberty; of acquiring, possessing and protecting property, and reputation; and of pursuing their own happiness. To secure these rights governments are instituted among men, deriving their just powers from the consent of the governed.”

What are Self Defense Laws in California?

California: “All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.” Colorado: “All persons have certain natural, essential and inalienable rights, among which may be reckoned the right of enjoying and defending their lives and liberties; of acquiring, possessing and protecting property; and of seeking and obtaining their safety and happiness.”

What are the Self Defense Laws in Delaware?

Delaware: “Through divine goodness, all people have by nature, the rights of worshipping and serving their Creator according to the dictates of their consciences, of enjoying and defending life and liberty, of acquiring and protecting reputation and property, and in general of obtaining objects suitable to their condition, without injury by one to another; and as these rights are essential to their welfare, for due exercise thereof, power is inherent in them; and therefore all just authority in the institutions of political society is derived from the people, and established with their consent, to advance their happiness; and they may for this end, as circumstances require, from time to time alter their Constitution of government.”

What are the Self Defense Laws in Florida?

Florida: “All natural persons, female and male alike, are equal before the law and have inalienable rights, among which are the right to enjoy and defend life and liberty, to pursue happiness, to be rewarded for industry, and to acquire, possess and protect property; except that the ownership, inheritance, disposition and possession of real property by aliens ineligible for citizenship may be regulated or prohibited by law. No person shall be deprived of any right because of race, religion, national origin, or physical disability.”

What are Idaho's Self Defense Laws?

Idaho: “All men are by nature free and equal, and have certain inalienable rights, among which are enjoying and defending life and liberty; acquiring, possessing and protecting property; pursuing happiness and securing safety.”

What are the Self Defense Laws in Iowa?

Iowa: “All men and women are, by nature, free and equal, and have certain inalienable rights among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining safety and happiness.”

What are the Self Defense Laws in Illinios?

Illinios: Justifiable Use of Force. Illinois Statute 720 ILCS 5/7-1 protects those that use force in self defense. A person is justified in using force if the person reasonably believes that the force is necessary to protect himself/herself or another person against another's use of unlawful force.

What are Kentucky Self Defense Laws?

Kentucky: “All men are, by nature, free and equal, and have certain inherent and inalienable rights, among which may be reckoned:

  1. First: The right of enjoying and defending their lives and liberties.
  2. Second: The right of worshipping Almighty God according to the dictates of their consciences.
  3. Third: The right of seeking and pursuing their safety and happiness.
  4. Fourth: The right of freely communicating their thoughts and opinions.
  5. Fifth: The right of acquiring and protecting property.
  6. Sixth: The right of assembling together in a peaceable manner for their welfare, for the due exercise thereof, power is inherent in them; and, therefore, all just authority in the institutions of political society is derived from the people, and established by their consent, to advance their happiness; and they me, for this end, as circumstances require, from time to time alter their constitution of government.”). common good, and of applying to those invested with the power of government for redress of grievances or other proper purposes, by petition, address or remonstrance.
  7. Seventh: The right to bear arms in defense of themselves and of the State, subject to the power of the General Assembly to enact laws to prevent persons from carrying concealed weapons.

What is Maine's Self Defense Laws?

Maine: “All people are born equally free and independent, and have certain natural, inherent and unalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and of pursuing and obtaining safety and happiness.”

What are Massachusetts Self Defense Laws?

Massachusetts: “All people are born free and equal and have certain natural, essential and unalienable rights; among which may be reckoned the right of enjoying and defending their lives and liberties; that of acquiring, possessing and protecting property; in fine, that of seeking and obtaining their safety and happiness. Equality under the law shall not be denied or abridged because of sex, race, color, creed or national origin.”

What are Montana's Self Defense Laws?

Montana: “All persons are born free and have certain inalienable rights. They include the right to a clean and healthful environment and the rights of pursuing life’s basic necessities, enjoying and defending their lives and liberties, acquiring, possessing and protecting property, and seeking their safety, health and happiness in all lawful ways. In enjoying these rights, all persons recognize corresponding responsibilities.”

What are Nevada's Self Defense Laws?

Nevada: “All men are by Nature free and equal and have certain inalienable rights among which are those of enjoying and defending life and liberty; Acquiring, Possessing and Protecting property and pursuing and obtaining safety and happiness[.]” New Hampshire: “All men have certain natural, essential, and inherent rights—among which are, the enjoying and defending life and liberty; acquiring, possessing, and protecting, property; and, in a word, of seeking and obtaining happiness. Equality of rights under the law shall not be denied or abridged by this state on account of race, creed, color, sex or national origin.”

what are the self defense laws in new jersey

New Jersey: “All persons are by nature free and independent, and have certain natural and unalienable rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing, and protecting property, and of pursuing and obtaining safety and happiness.” New Mexico: “All persons are born equally free, and have certain natural, inherent and inalienable rights, among which are the rights of enjoying and defending life and liberty, of acquiring, possessing and protecting property, and of seeking and obtaining safety and happiness.”

What are the Self Defense Laws in North Dakota?

North Dakota: “All individuals are by nature equally free and independent and have certain inalienable rights, among which are those of enjoying and defending life and liberty; acquiring, possessing and protecting property and reputation; pursuing and obtaining safety and happiness; and to keep and bear arms for the defense of their person, family, property, and the state, and for lawful hunting, recreational, and other lawful purposes, which shall not be infringed.” what are the self defense laws in ohio Ohio: “All men are, by nature, free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and seeking and obtaining happiness and safety.” what are the self defense laws in pa Pennsylvania: “All men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing and protecting property and reputation, and of pursuing their own happiness.”

What are the Self Defense Laws in South Dakota?

South Dakota: “All men are born equally free and independent, and have certain inherent rights, among which are those of enjoying and defending life and liberty, of acquiring and protecting property and the pursuit of happiness. To secure these rights governments are instituted among men, deriving their just powers from the consent of the governed.” Utah: “All men have the inherent and inalienable right to enjoy and defend their lives and liberties; to acquire, possess and protect property; to worship according to the dictates of their consciences; to assemble peaceably, protest against wrongs, and petition for redress of grievances; to communicate freely their thoughts and opinions, being responsible for the abuse of that right.”

What are the Self Defense Laws in Vermont?

Vermont: “That all persons are born equally free and independent, and have certain natural, inherent, and unalienable rights, amongst which are the enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining happiness and safety; therefore no person born in this country, or brought from over sea, ought to be holden by law, to serve any person as a servant, slave or apprentice, after arriving to the age of twenty-one years, unless bound by the person’s own consent, after arriving to such age, or bound by law for the payment of debts, damages, fines, costs, or the like.” 

These formulations go back at least to Samuel Adams’ The Rights of the Colonists: The Report of the Committee of Correspondence to the Boston Town Meeting, Nov. 20, 1772, which began with very similar language, characterized by Adams as self-evidently true: Among the natural rights of the Colonists are these: First, a right to life; Secondly, to liberty; Thirdly, to property; together with the right to support and defend them in the best manner they can. These are evident branches of, rather than deductions from, the duty of self-preservation, commonly called the first law of nature.