§ 14-401.6. Unlawful to possess, etc., tear gas except for certain purposes. - North Carolina Statutes

§ 14‑401.6.  Unlawful topossess, etc., tear gas except for certain purposes.

(a)        It is unlawful forany person, firm, corporation or association to possess, use, store, sell, ortransport within the State of North Carolina, any form of that type of gas generallyknown as "tear gas," or any container or device for holding orreleasing that gas; except this section does not apply to the possession, use,storage, sale or transportation of that gas or any container or device forholding or releasing that gas:

(1)        By officers andenlisted personnel of the armed forces of the United States or this State whilein the discharge of their official duties and acting under orders requiringthem to carry arms or weapons;

(2)        By or for anygovernmental agency for official use of the agency;

(3)        By or for county,municipal or State law‑enforcement officers in the discharge of theirofficial duties;

(4)        By or for securityguards registered under Chapter 74C of the General Statutes, company policeofficers commissioned under Chapter 74E of the General Statutes, or campuspolice officers commissioned under Chapter 74G of the General Statutes providedthey are on duty and have received training according to standards prescribedby the State Bureau of Investigation;

(5)        For bona fidescientific, educational, or industrial purposes;

(6)        In safes, vaults,and depositories, as a means or protection against robbery;

(7)        For use in the homefor protection and elsewhere by individuals, who have not been convicted of afelony, for self‑defense purposes only, as long as the capacity of any:

a.         Tear gas device orcontainer does not exceed 150 cubic centimeters,

b.         Tear gas cartridgeor shell does not exceed 50 cubic centimeters, and

c.         Tear gas device orcontainer does not have the capability of discharging any cartridge, shell, orcontainer larger than 50 cubic centimeters.

(b)        Violation of thissection is a Class 2 misdemeanor.

(c)        Tear gas for thepurpose of this section shall mean any solid, liquid or gaseous substance orcombinations thereof which will, upon dispersion in the atmosphere, cause tearsin the eyes, burning of the skin, coughing, difficulty in breathing or any oneor more of these reactions and which will not cause permanent damage to thehuman body, and the substance and container or device is designed,manufactured, and intended to be used as tear gas. (1951, c. 592; 1969, c. 1224,s. 8; 1977, c. 126; 1979, c. 661; 1983, c. 794, s. 9; 1991 (Reg. Sess., 1992),c. 1043, s. 2; 1993, c. 151, s. 1; c. 539, s. 276; 1994, Ex. Sess., c. 24, s.14(c); 2005‑231, s. 10.)