Nevada Pepper Spray and Stun Gun Laws (2026)

Nevada allows both pepper spray and stun guns for ordinary self-defense, but the pepper-spray rule turns on chemistry and the stun-gun rule turns on how the device is carried. Nevada's tear-gas statutes cap a CS-based device at 2 fluid ounces, but on the statutory text, an ordinary oleoresin capsicum (OC) spray, made from a natural pepper extract that causes no permanent injury, falls outside the statutory definition of "tear gas" altogether and is not subject to that 2-fluid-ounce ceiling; no Nevada court, Attorney General opinion, or agency guidance has ever tested that reading, and a product that in fact causes permanent injury would not qualify for the exclusion. A stun gun has no dedicated possession permit, only a use limit and a list of people who may not have one, but carrying one concealed may implicate Nevada's general concealed-weapon statute, which requires a sheriff's permit for a covered weapon and makes an unpermitted violation a felony; whether a stun gun is a covered weapon is a question the statute's text does not resolve.

Jurisdiction scope: This page covers Nevada state law only, principally NRS 202.357, 202.370 to 202.440, 202.350, 202.265, 244.364, 268.418, and 269.222. It does not cover any municipal ordinance that may separately restrict either device, such as Clark County's ordinances addressing concealed weapons and electronic stun devices.

Is pepper spray legal in Nevada?

Yes. Nevada regulates a "tear gas" device through NRS 202.370 to 202.440, but its own definitions section carves ordinary pepper spray out of that scheme. NRS 202.370(2) defines "tear gas": "Tear gas includes all liquid, gaseous or solid substances intended to produce temporary physical discomfort or permanent injury through being vaporized or otherwise dispersed in the air. The term does not include a liquid, gaseous or solid substance whose active ingredient is composed of natural substances or products derived from natural substances which cause no permanent injury through being vaporized or otherwise dispersed in the air." Oleoresin capsicum (OC), the active ingredient in most consumer pepper spray, is an oleoresin extracted from capsicum peppers, a product derived from a natural substance, and it is not claimed to cause permanent injury when dispersed. On that reading of the text, an ordinary OC spray falls outside the statutory definition of "tear gas," and NRS 202.370 to 202.440, including the 2-fluid-ounce ceiling described below, do not govern it. No Nevada court, Attorney General opinion, or agency guidance has construed this exclusion, and it turns on a fact question specific to a given product, whether it in fact "causes no permanent injury," rather than a bright-line size or ingredient rule; a product that does cause permanent injury would not qualify.

That ceiling instead governs a CS-based device. NRS 202.375 exempts from the tear-gas statutes "the sale or purchase by any adult, or the possession or use by any person, including a minor but not including a convicted person as defined in NRS 179C.010, of any form of: (a) Cartridge which contains not more than 2 fluid ounces in volume of 'CS' tear gas that may be propelled by air or another gas, but not an explosive, in the form of an aerosol spray; or (b) Weapon designed for the use of such a cartridge which does not exceed that size... and which is designed and intended for use as an instrument of self-defense." NRS 202.375(4) defines "CS" tear gas as "a crystalline powder containing ortho-chlorobenzalmalononitrile." A CS-based spray or cartridge that exceeds 2 fluid ounces, or that is possessed by a convicted person, falls outside this exemption and back into NRS 202.370 to 202.440's general scheme.

Sale of a qualifying CS device is restricted to an adult, but possession or use is open more broadly: the statute names "any person, including a minor," as exempt, carving out only a "convicted person" as defined in NRS 179C.010, generally a person convicted, in Nevada or elsewhere, of two or more felony-punishable offenses, or of a single category-A felony. A seller has a separate record-keeping duty under NRS 202.375(2): before delivering a qualifying cartridge or weapon, the seller must record and keep, for at least two years, the purchaser's name and address and the product's brand name, model number or type, and serial number if it has one. NRS 202.375(3) also exempts police departments and their salaried officers, sheriffs and deputies, Department of Corrections personnel, the Nevada Highway Patrol, and military or naval forces personnel purchasing, possessing, or transporting tear-gas weapons for official use.

Outside NRS 202.375's exemption, a tear-gas device is regulated as a criminal offense. NRS 202.380(1) makes it a gross misdemeanor for a person other than a convicted person to knowingly sell, offer for sale, possess, or transport, within Nevada, "any form of shell, cartridge or bomb containing or capable of emitting tear gas, or any weapon designed for the use of such shell, cartridge or bomb, except as permitted" under NRS 202.370 to 202.440. NRS 202.380(2) makes it a category B felony, punishable by imprisonment of 1 to 6 years, a fine of up to $5,000, or both, for a convicted person to own, possess, or control such a device at all. A sheriff may also issue a permit for possessing and transporting a non-exempt device "to any applicant who submits proof that good cause exists" (NRS 202.400), and may license its retail sale for up to one year (NRS 202.440). NRS 202.390 requires each tear-gas weapon to bear the manufacturer's name and a serial number; changing, altering, or removing that mark is a separate gross misdemeanor.

Are stun guns legal in Nevada?

Yes, subject to a use-and-possession restriction rather than a dedicated licensing scheme, and subject to Nevada's general concealed-weapon statute if the device is carried concealed. NRS 202.357(9) defines an "electronic stun device" as one that "(a) Emits an electrical charge or current that is transmitted by projectile, physical contact or other means; and (b) Is designed to disable a person or animal temporarily or permanently," a definition broad enough to cover both a contact stun gun and a projectile device such as a Taser. NRS 202.357 itself sets no dedicated possession permit for an adult who does not fall into a prohibited category. Subsection 1 limits lawful use to self-defense: "a person shall not use an electronic stun device on another person for any purpose other than self-defense." Subsection 2 bars possession, custody, or control by a person who "(a) Has been convicted of a felony in this State or any other state... unless the person has received a pardon and the pardon does not restrict his or her right to bear arms; (b) Is a fugitive from justice; (c) Has been adjudicated as mentally ill or has been committed to any mental health facility; or (d) Is illegally or unlawfully in the United States." Subsection 3 separately bars a child under 18 from possessing, or having custody or control of, an electronic stun device, regardless of the categories in subsection 2. Subsection 4 bars selling, giving, or otherwise providing a device to anyone the provider has actual knowledge falls into one of those same prohibited categories, including a minor.

Penalties scale with the violation. Unlawful use, or possession by a felon or a fugitive from justice, is a category B felony, punishable by 1 to 6 years imprisonment and up to a $5,000 fine (NRS 202.357(5)(a)). Possession by a person adjudicated mentally ill or unlawfully present in the United States, or unlawfully providing a device to a prohibited person, is a category D felony (NRS 202.357(5)(b), (7)). A minor who violates the under-18 possession bar commits a delinquent act rather than an adult felony, and a court may order detention as if the act had been a felony if committed by an adult (NRS 202.357(6)). Peace officers acting within the scope of their duties are exempt from subsections 1, 2, and 4 only, the use restriction, the felon/fugitive/mentally-ill/unlawfully-present possession bar, and the unlawful-provision bar (NRS 202.357(8)); that exemption does not reach subsection 3's under-18 possession bar or the penalty subsections.

NRS 202.357 is not Nevada's only weapons statute that can reach a stun gun. NRS 202.350(1)(d) separately bars carrying concealed upon a person any "Explosive substance, other than ammunition or any components thereof," "Machete," or "Pistol, revolver or other firearm, other dangerous or deadly weapon or pneumatic gun," and NRS 202.350(2)(b) makes a violation involving a firearm or an "other dangerous or deadly weapon" a category C felony. The statute does not define "other dangerous or deadly weapon" or say whether a stun gun or a pepper-spray device falls within it. NRS 202.350(3) supplies a permit for a concealed weapon described in the section: "the sheriff of any county may, upon written application by a resident of that county showing the reason or the purpose for which a concealed weapon is to be carried, issue a permit authorizing the applicant to carry in this State the concealed weapon described in the permit." Whether that permit, or NRS 202.350's felony exposure, applies to a concealed stun gun or spray is a question the statute's own text does not resolve.

Where you can't carry either device

Neither device is named specifically in Nevada's school and child-care weapons statute, though one item in its list is written broadly enough to reach a marking-type canister. NRS 202.265 bars carrying or possessing, on the property of the Nevada System of Higher Education, a private or public school, or a child care facility, or in a school or child-care vehicle, the following items: an explosive or incendiary device, a dirk, dagger, or switchblade knife, a nunchaku or trefoil, a blackjack, billy club, or metal knuckles, a pneumatic gun, a pistol, revolver, or other firearm, or any device used to mark any part of a person with paint or any other substance. Pepper spray, tear gas, and a stun gun are not named by device, but a canister that both irritates and marks a person with a substance could fall within that last, open-ended item. Violating the statute is a gross misdemeanor, with exceptions for a peace officer, a school security guard, or a person with written permission from the relevant school or facility official.

Local regulation: Nevada preempts firearms, not either device

NRS 244.364 (for counties), NRS 268.418 (for cities), and NRS 269.222 (for unincorporated towns) reserve to the Legislature the exclusive authority to regulate "the transfer, sale, purchase, possession, carrying, ownership, transportation, storage, registration and licensing of firearms, firearm accessories and ammunition," and void any local ordinance that conflicts with that reservation. All three statutes are scoped to firearms, firearm accessories, and ammunition; none mentions a stun gun, an electronic device, pepper spray, or tear gas anywhere in its text. Nevada counties, cities, and towns are accordingly not state-preempted from adopting their own, potentially stricter, ordinances for either pepper spray or stun guns specifically, and at least one large county has done so. Clark County, the state's most populous, has adopted ordinances addressing concealed weapons and electronic stun devices. A reader in Clark County, or in any other Nevada county, city, or town, should check that jurisdiction's own code before relying on state law alone.

Federal law: what it does and does not reach

No federal statute regulates a civilian's purchase or possession of pepper spray or a stun gun. Federal law matters in three places.

Federal buildings. Under 18 U.S.C. § 930(a), whoever knowingly possesses or causes to be present "a firearm or other dangerous weapon in a Federal facility (other than a Federal court facility)" faces a fine, imprisonment of up to 1 year, or both. Subsection (e) sets up to 2 years for a federal court facility, and subsection (b) up to 5 years where the weapon is intended to be used in a crime. Section 930(g)(2) defines the term:

The term "dangerous weapon" means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2½ inches in length.

The definition names neither device. Whether a particular spray or stun gun is "readily capable of" causing serious bodily injury is a question of fact the statute does not answer. Subsection (d)(3) exempts "the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes," and subsection (h) requires notice of the ban to be posted at each public entrance. A "Federal facility" is "a building or part thereof owned or leased by the Federal Government, where Federal employees are regularly present for the purpose of performing their official duties."

Air travel. The Transportation Security Administration's screening rules, which are agency policy rather than statute, bar both devices from carry-on bags. One 4 fl. oz. (118 ml) container of mace or pepper spray is permitted in checked baggage if it has a safety mechanism to prevent accidental discharge, and sprays containing more than 2 percent by mass of tear gas (CS or CN) are prohibited in checked baggage. Tasers, stun guns and other electro-shock weapons may travel in checked baggage only if transported so the device cannot discharge accidentally. Airlines may set stricter rules.

National parks. National Park Service regulations prohibit possessing, carrying or using a "weapon" in a park area except as the regulations provide (36 CFR 2.4(b)(1)). 36 CFR 1.4 defines "weapon" to include an "irritant gas device" and any "weapon the possession of which is prohibited under the laws of the State in which the park area or portion thereof is located."

Disclaimer: This article provides general legal information about Nevada's pepper spray and stun gun laws as of September 2026. It is not legal advice. Consult a lawyer licensed in Nevada for advice about a specific situation.

For a state-by-state comparison, see pepper spray and stun gun laws by state. Nevada's self-defense statutes are covered separately on the Nevada self-defense laws page.

Statutes cited reflect their in-force version as of 2026-09-23. Last updated: 2026-09-23.