§ 5-73-124 - Tear gas -- Pepper spray. - Arkansas Statutes

5-73-124. Tear gas -- Pepper spray.

(a) (1) Except as otherwise provided in this section, any person who carries or has in his or her possession any tear gas or pepper spray in any form, and any person who carries or has in his or her possession any gun, bomb, grenade, cartridge, or other weapon designed for the discharge of tear gas or pepper spray, is guilty of a misdemeanor.

(2) (A) It is lawful for a person to possess or carry, and use, a small container of tear gas or pepper spray to be used for self-defense purposes only.

(B) However, the capacity of the cartridge or container shall not exceed one hundred fifty cubic centimeters (150 cc).

(b) The provisions of this section do not apply to any:

(1) Peace officer while engaged in the discharge of his or her official duties; or

(2) Banking institution desiring to have possession of tear gas or pepper spray in any form for the purpose of securing funds in its custody from theft or robbery.

(c) (1) Any person convicted of a violation of a provision of this section shall be punished by a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200) or by imprisonment in the county jail for not less than thirty (30) days nor more than three (3) months, or by both fine and imprisonment.

(2) Any person who uses tear gas or pepper spray in any form against any law enforcement officer who is on duty and is acting within the scope of his or her authority as a law enforcement officer is guilty of a Class A misdemeanor.