West Virginia Pepper Spray and Stun Gun Laws (2026)

West Virginia's weapons-definitions statute treats these two devices differently, but neither status rests on a closed list. It defines "pepper spray" by name and excludes it from the state's "deadly weapon" definition, but only when the spray is used solely for self-defense, a conditional carve-out rather than a blanket one. A stun gun is not named anywhere in the definitions statute, but the statute's "deadly weapon" definition is not a closed list either: it opens with a functional test, an instrument "designed to be used to produce serious bodily injury or death or is readily adaptable to such use," and says the enumerated instruments that follow are included but the list "is not limited to" them. Whether a stun gun is a "deadly weapon" in West Virginia is a question about that functional test and about a residual "like kind or character" clause, not a question this page can answer by pointing to an omission from a list.

Jurisdiction scope: This page covers West Virginia state law only, principally W. Va. Code §§ 61-7-2, 61-7-7, 61-7-8, 61-7-10, 61-7-11, 61-7-11a, 61-7-14, 61-7-17, and 8-12-5a. It does not cover West Virginia's concealed-carry license statutes in detail or every municipal ordinance permitted under § 8-12-5a's exceptions.

Is pepper spray legal in West Virginia?

For self-defense use, yes; neither subdivision (12), which defines pepper spray, nor subdivision (5), which excludes it from "deadly weapon," sets a capacity or formula limit. For ordinary carry, the statute's own exclusion is narrower than "legal to carry" suggests. W. Va. Code § 61-7-2(12) defines "pepper spray" as "a temporarily disabling aerosol that is composed partly of capsicum oleoresin and causes irritation, blinding of the eyes, and inflammation of the nose, throat, and skin that is intended for self-defense use." Subdivision (5), which defines "deadly weapon" for the whole weapons article, then states: "The term 'deadly weapon' does not include pepper spray as defined in subdivision (12) of this subsection when used by any person solely for self-defense purposes." The exclusion is conditioned on that use; the statute does not separately say that merely possessing or carrying an unused canister is a "use... solely for self-defense purposes." Because most West Virginia weapons offenses (carrying without a license, sale to a prohibited person, possession on school or court property) are written around the term "deadly weapon," ordinary self-defense use of pepper spray falls outside that framework, but this page cannot tell a reader that carrying an unused canister is categorically outside it too.

Subdivision (5) separately expands "deadly weapon," for two specific statutes only, the school-discipline law at § 18A-5-1a and the school/court possession law at § 61-7-11a, to include a shorter-bladed knife and "explosive, chemical, biological, and radiological materials." Pepper spray is a chemical material. Its self-defense-use exclusion is written into the general deadly-weapon definition and does not, by its own terms, exempt it from this separate chemical-materials expansion that applies specifically to §§ 18A-5-1a and 61-7-11a. This page states that open question rather than resolving it; see "Schools and courts" below.

Are stun guns legal in West Virginia?

For an adult, most likely yes, but the reason is a functional test, not an omission from a closed list, and no West Virginia statute names a stun gun, a taser, or an electronic device by any term in the sections cited on this page. W. Va. Code § 61-7-2(5) defines "deadly weapon" first by a functional test, "an instrument which is designed to be used to produce serious bodily injury or death or is readily adaptable to such use," and then states the term "includes, but is not limited to," eleven named categories (antique firearm, blackjack, firearm, gravity knife, knife, metallic or false knuckles, nunchaku, pepper spray, pistol, revolver, and switchblade knife) "or other deadly weapons of like kind or character which may be easily concealed on or about the person." No subdivision names a stun gun. The defensible reading is that a stun gun is arguably not an instrument "designed to be used to produce serious bodily injury or death," and is not obviously "of like kind or character" to the bladed, striking, and firearm-type weapons the residual clause reaches, not that a stun gun escapes the definition simply because it is missing from a list, since the statute itself says the list does not limit the term.

§ 61-7-7's felon-and-status-prohibited-person offenses, subsections (a) and (b), are written around "firearm" specifically, cross-referenced to the definition in § 61-7-2, so those offenses do not reach a stun gun or pepper spray by themselves. But § 61-7-7(c), the statute's own concealed-carry authorization, is written around "deadly weapon," not firearm alone: "Any person may carry a concealed deadly weapon without a license therefor who is: (1) At least 18 years of age; (2) A United States citizen or legal resident thereof; (3) Not prohibited from possessing a firearm under the provisions of this section; and (4) Not prohibited from possessing a firearm under the provisions of 18 U.S.C. § 922(g) or (n)." That is the article's authorization for carrying a concealed deadly weapon without a license, and its only prohibited-person condition on doing so; the separate under-18 bar in § 61-7-8(a) is covered below. Because whether a stun gun is a "deadly weapon" turns on the functional test described above, § 61-7-7(c)'s conditions matter to a stun-gun carrier in a way the page cannot say are irrelevant to criminal history. § 61-7-10, which bars selling or lending "any deadly weapon other than a firearm to a person prohibited from possessing" one, is keyed to the same "deadly weapon" definition; the only class this article prohibits from possessing a non-firearm deadly weapon is the under-18 minor covered in § 61-7-8, discussed below, so § 61-7-10 functions mainly as a bar on selling, renting, giving, or lending a stun gun (if it is a deadly weapon) or pepper spray to a minor, a misdemeanor fined up to $5,000 or up to a year in jail, or both.

Minors

W. Va. Code § 61-7-8(a) provides: "Notwithstanding any other provision of this article to the contrary, a person under the age of 18 years who is not married or otherwise emancipated shall not possess or carry concealed or openly any deadly weapon." Its provisos, allowing possession on the minor's own or family premises, with permission on another's premises, for hunting, or while traveling to and from a hunting site, apply only to a firearm. A violation routes into juvenile jurisdiction under § 49-4-701 et seq. Because "deadly weapon" is the functional-test definition described above, whether § 61-7-8 reaches a stun gun or an unused pepper-spray canister depends on the same open questions; the statute sets no age floor specific to either device by name. The minor of § 61-7-8(a) is the only person this article bars from possessing a non-firearm deadly weapon, and § 61-7-10(b) makes it a misdemeanor to "knowingly sell, rent, give or lend... any deadly weapon other than a firearm to a person prohibited from possessing" one, punishable by up to $5,000 or up to a year in jail, or both. Read together, the two sections mean a parent or retailer who sells, gives, or lends pepper spray, or a stun gun if it is a deadly weapon, to a minor risks that offense, separate from whatever the minor themselves faces under § 61-7-8. § 61-7-8 was itself amended by the same 2026 act, H.B. 4106 (2026 Regular Session, Ch. 75, approved April 1, 2026, effective June 12, 2026), that repealed § 61-7-3, sometimes cited elsewhere as West Virginia's under-21 deadly-weapon-carrying statute and printed on the state's code site as "[Repealed.]"; that act also amended §§ 61-7-6 and 61-7-7. Section 61-7-3 is not current law and sets no age restriction on either device.

Schools and courts

W. Va. Code § 61-7-11a makes it unlawful to possess a firearm or other "deadly weapon" on a school bus, on the grounds of a primary or secondary educational facility, or at a school-sponsored function, and a school violation "is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for a definite term of years of not less than two years nor more than 10 years, or fined not more than $5,000, or both"; subsections (d) and (e) additionally attach driver's-license suspension or revocation to a school violation. The statute's school/court definition of "deadly weapon" adds explosive, chemical, biological, and radiological materials, so an unused pepper-spray canister on school property raises the open question described above rather than a settled exclusion. A stun gun remains outside the enumerated list and this chemical-materials expansion for the same reason it is outside the general definition: no subdivision names it, though the functional test and the residual "like kind" clause are not affirmatively closed to it either. Two exceptions in subsection (b) are written in deadly-weapon terms and partly answer the school question either device raises. The (b)(1)(B) proviso: "it shall not be unlawful to possess a firearm or other deadly weapon in or on the grounds of any private primary or secondary school, if such institution has adopted a written policy allowing for possession of firearms or other deadly weapons in the facility or on the grounds of the facility." And (b)(2)(G) exempts "a person who, as otherwise permitted by the provisions of this article, possesses an unloaded firearm or deadly weapon in a motor vehicle or leaves an unloaded firearm or deadly weapon in a locked motor vehicle."

Section 61-7-11a is not limited to schools. Subsection (g)(1) separately provides: "It is unlawful for a person to possess a firearm or other deadly weapon on the premises of a court of law, including family courts," with exceptions for a law-enforcement officer acting in an official capacity and a person exempted by court order; (g)(3) makes a violation a misdemeanor. Subsection (h) raises the offense to a felony, two to ten years, where the possession is with intent to commit a crime.

Outside § 61-7-11a, W. Va. Code § 61-7-14, the Business Liability Protection Act, governs private property generally: an owner, lessee, or other person charged with the care, custody, and control of real property may prohibit carrying, openly or concealed, a firearm or other "deadly weapon" on that property, and a person who refuses to temporarily relinquish the weapon or leave the premises when asked is guilty of a misdemeanor, fined not more than $1,000 or confined in jail not more than six months, or both. A separate proviso bars any natural person from possessing or carrying a firearm or other deadly weapon on the premises of a primary or secondary educational facility in the state, except as 61-7-11a(b)(2)(A) through (K) provide (including the (b)(2)(G) vehicle exception above), unless the person is a law-enforcement officer or has the express written permission of the county school superintendent.

Three federal layers apply on top of West Virginia law; see the federal section below.

Brandishing pepper spray or a stun gun

Apart from where either device may be carried, West Virginia also regulates how it is displayed. W. Va. Code § 61-7-11 provides: "It shall be unlawful for any person armed with a firearm or other deadly weapon, whether licensed to carry the same or not, to carry, brandish or use such weapon in a way or manner to cause, or threaten, a breach of the peace." A violation is a misdemeanor, fined not less than $50 nor more than $1,000, or confined in the county jail not less than ninety days nor more than one year, or both. Because "deadly weapon" is the same functional-test definition discussed throughout this page, whether displaying pepper spray or a stun gun in a threatening manner falls under § 61-7-11 turns on the same open question; the section does not name either device. § 61-7-17 separately preserves West Virginia's self-defense law: "Nothing in this article should be construed to abrogate or modify statutory provisions and common law decisions related to defense of self or others."

Does West Virginia preempt local pepper spray or stun gun ordinances?

For the purchase, possession, transfer, carrying, transport, sale, and storage of a deadly weapon, a firearm, and pepper spray, yes, by name. For a stun gun, only partially: a separate clause voids a municipal ordinance restricting the sale, purchase, transfer, manufacture, repair, or display of a "personal defense tool or product other than firearms," but that clause does not cover carrying or possessing one. W. Va. Code § 8-12-5a(a) states that "neither a municipality nor the governing body of any municipality may, by ordinance or otherwise, limit the right of any person to purchase, possess, transfer, own, carry, transport, sell, or store any deadly weapon, firearm, or pepper spray," with "pepper spray" separately defined in subsection (b) using the same wording as § 61-7-2(12). Subsection (h)(2)(A) separately voids "any provision of an ordinance that is designed or enforced to effectively restrict or prohibit the sale, purchase, transfer, manufacture, repair, or display of firearms, ammunition, firearms accessories or components... or personal defense tools or products other than firearms which are otherwise lawful under the laws of this state," and (h)(2)(B) repeats the same phrase for zoning ordinances. A stun gun is a personal defense tool other than a firearm, so a municipal ordinance restricting its sale, purchase, transfer, or display is void under this clause even though a stun gun is not one of the three categories named in subsection (a).

Subsection (c) allows some municipal regulation even of the protected categories: a municipality may prohibit or regulate carrying or possessing a deadly weapon, firearm, or pepper spray inside a municipally owned or operated building, and may bar carrying one openly or not lawfully concealed in a municipally owned recreation facility, though a valid concealed handgun license holder may still carry a firearm into such a facility if it is securely stored out of view. Subsection (c)(3) provides a locked-vehicle exception: a person may keep an otherwise lawfully possessed deadly weapon, firearm, or pepper spray in a motor vehicle in municipal public parking facilities if the vehicle is locked and the item is out of view. Subsection (c)(4) bars a municipality from regulating a deadly weapon, firearm, or pepper spray on municipally owned or operated property other than municipal buildings and recreation facilities. Subsection (d) provides an absolute defense for a person who leaves or relinquishes possession on request; subsection (e) requires any such ordinance to be posted at each entrance; and subsection (h)(1) denies a municipality authority to restrict lawful carry on the public streets and sidewalks of the municipality.

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 West Virginia's pepper spray and stun gun laws as of September 2026. It is not legal advice. Consult a lawyer licensed in West Virginia for advice about a specific situation.

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

Statutes cited reflect their in-force version as of 2026-09-18. Last updated: 2026-09-18.