A weapon you can’t legally own, carry or use is a liability, however good it is. Laws differ from state to state and country to country, and ignorance of them is no defense. Anyone who stocks self-defense tools or other restricted gear for a home-defense plan needs to know two things: what they’re allowed to have and carry, and when they’re allowed to use it. This guide covers both, from pepper spray to firearms to explosives. It is general information, not legal advice. For your own situation, talk to an attorney who specializes in self-defense law.
What counts as a self-defense weapon #
A self-defense weapon is any tool or device designed or intended to defend yourself against an imminent threat or attack. Most are non-lethal: they are meant to incapacitate an assailant without causing serious injury or death. Common examples:
- Pepper spray, an aerosol containing an irritant, typically capsaicin, that causes temporary blindness, difficulty breathing and intense pain.
- Stun guns, which deliver an electric shock by direct contact, temporarily immobilizing the attacker so you can get away.
- Personal alarms, small devices that emit a loud noise to draw attention and perhaps deter the attacker.
- Batons, also called expandable or telescopic batons, which can extend to as much as 30 inches and let you strike an assailant.
- Tasers, which use electrical current to incapacitate an attacker from a distance, with no physical contact.
Their purpose is deterrence and escape. They give a person who feels threatened a chance to get away or find help, and they can give some peace of mind to people in high-crime areas or those who feel vulnerable. They should be used only for self-defense, within the law. Misuse can bring serious legal consequences and cause harm to yourself or others.
Choose a tool that fits your preferences, your comfort level, and the regulations where you live.
Other restricted items #
Preppers tend to own more than classic self-defense gear, and many of those items are regulated too. The usual categories are:
- Firearms. Among the most heavily regulated weapons in any jurisdiction. Some places require strict background checks, permits and licenses.
- Knives. Rules often turn on blade length, blade type and intended use. Some knives count as everyday tools, while others are classified as dangerous weapons with specific restrictions.
- Explosives. Strictly regulated nearly everywhere. Violations carry severe consequences, so get legal advice before you even consider stockpiling or using them.
- Equipment. Body armor, night vision goggles and surveillance devices are sometimes controlled to prevent misuse. Research the rules for each item before you buy.
Researching the law where you live #
Before you buy anything, find out what applies. Call your local law enforcement agency or consult a legal professional who works in weapons and tools regulation. Reliable sources include:
- Official government websites, which often publish the relevant laws and regulations.
- Legal databases and libraries, which give access to statutes, regulations and case law.
- Attorneys who specialize in self-defense law, who can give advice tailored to your circumstances, explain your rights and responsibilities, and help with permits, paperwork and any legal problem that follows.
The topics below tend to be covered by the law, though the specifics vary widely.
Which weapons are permitted #
Jurisdictions differ on what civilians may possess. Some allow a wide range and others limit it strictly. Pepper spray is among the most widely legal self-defense tools worldwide, but there may be restrictions on capsaicin concentration or canister size. Personal alarms are generally legal because they don’t harm anyone, though restrictions can still apply in some places. Batons vary a great deal: in some places only certain types are legal, and licenses or permits may be required.
Concealed carry #
Many jurisdictions regulate carrying a weapon in public, and often require a concealed carry permit or license to carry one concealed.
Age limits and permits #
Many places set minimum ages for owning self-defense weapons, and the age differs between countries, states and provinces. Permit or license requirements can include background checks, training courses and application fees. For firearms, you may need a firearm owner’s identification card or a concealed carry permit. Follow the application procedure carefully and supply all required documents to avoid delays or rejection. Some regions require a permit to carry certain knives. Explosives need licenses from the appropriate authorities, and body armor or surveillance gear may need authorization. Not having the necessary permit can lead to confiscation, fines or criminal charges.
Restricted places #
Government buildings, schools, airports and other high-security areas often restrict or prohibit weapons outright. Respect those limits and leave the weapon at home or in the car if the rules require it.
When you may use force #
Owning a weapon legally is one question. Using it lawfully is another.
The use-of-force continuum #
The continuum describes the levels of force you may use in response to a threat. It typically starts with verbal commands or warnings, then moves to physical force, then non-lethal force, and finally, as a last resort, lethal force. The level of force should match the level of the threat. Learn how it works in your jurisdiction, exercise restraint, and escalate only when necessary and legally justified.
Proportionality #
Proportionality is a core principle of self-defense law. You may use only as much force as is reasonably necessary to protect yourself. Using excessive force can bring legal consequences and civil liability. Many jurisdictions also require that you reasonably believe your life or physical well-being is in immediate danger.
Avoiding excessive force #
People who carry self-defense weapons should put personal safety first and avoid confrontation whenever possible. Self-defense is a last resort for when there is no reasonable alternative and an immediate threat exists.
Deadly force #
Non-lethal tools are meant to incapacitate without causing serious harm. There are situations in which deadly force can be legally justified, but those laws are complex and vary by jurisdiction. Firearms are the main lethal self-defense weapon. In some countries or states they require permits, background checks and training, while in others ownership is more permissive. If you choose to keep one, get comprehensive training, follow every safety protocol, and store it so that no accident or unauthorized access is possible.
Two doctrines come up often:
- Stand your ground laws, also called “no duty to retreat” laws, give you the right to use deadly force in self-defense without first trying to retreat. Some places have no such law.
- Castle doctrines cover self-defense inside your own home, your “castle.” They generally say you may defend yourself, your family and your property within your dwelling without a duty to retreat. The level of force allowed, and the circumstances, vary from one jurisdiction to the next.
For a prepper, the castle doctrine is probably the one that matters most, so find out exactly what it says in your state.
What misuse costs #
If you misuse a self-defense weapon, you can face criminal charges. Depending on the jurisdiction these may include assault, battery, brandishing a weapon, reckless endangerment, or even attempted murder if the misuse results in severe injury or death. You can also face civil liability. Someone you injure may sue you for compensation, even if you thought you were acting in defense. Using a weapon only when it is legally justified, with proportionate force, is the way to reduce that risk.
Dealing with police #
If you carry a weapon, learn your obligations in your area. Some jurisdictions require you to tell an officer about it at the start of a stop, and others have their own protocols. Failing to comply can escalate a situation.
When stopped or approached, stay calm, respectful and cooperative. Keep your hands visible. Don’t reach for or handle the weapon unless the officer explicitly instructs you to. Follow the officer’s instructions and produce identification or permits as required.
Storing and handling restricted items #
Responsible ownership includes secure storage. Good storage protects against theft and damage and prevents unauthorized access that could lead to accidents.
- Use quality safes, gun cabinets or locking containers for firearms, knives, explosives and other restricted items. They should meet appropriate security standards and be inaccessible to children and visitors. Inspect them regularly and fix any problems promptly.
- Follow firearm safety protocols. Treat every firearm as if it is loaded, keep the muzzle pointed in a safe direction, and never touch the trigger unless you intend to fire. Store ammunition and firearms separately in locked containers and teach family members the rules.
- When using knives or explosives, follow manufacturer recommendations, wear protective gear where needed, and keep the tools maintained.
Transporting weapons #
Transport rules are their own trap, because a legal item can become an illegal one in the wrong place or the wrong container.
- Firearms. Follow the guidelines in your jurisdiction. They should generally be unloaded, in a locked container and out of reach during transit. Carry any necessary permits and licenses, and don’t display firearms in public places where doing so could cause alarm.
- Knives. Some regions restrict carrying knives in public or in certain locations. Store blades securely in transit and follow any restrictions on blade length or type.
- Explosives. Consult local authorities or explosives experts on proper transportation and follow the rules exactly. Violations can lead to criminal charges.
- Restricted equipment. Check the regulations on carrying body armor and similar items, and keep them concealed and transported discreetly.
Traveling abroad #
Laws vary significantly between countries. Some prohibit certain self-defense weapons altogether, and others require permits or licenses. Many have strict rules on importing, exporting and possessing weapons, and violations can bring fines, imprisonment or deportation. If you plan to take a self-defense weapon abroad, consult the relevant authorities or the embassy of your destination well in advance, so you get accurate, current information.
Prepping responsibly #
Respect the law, put safety first, and prepare in a way that won’t compromise your readiness with legal problems. Avoid illegal or unethical behavior that reflects badly on the whole prepper community. Build contacts with local law enforcement, community organizations and fellow preppers, and share what you know about legal prepping. Consider a legal compliance course or a seminar by legal experts.
The most useful habit is simple. Before you buy a new weapon or tool, spend the time to find out what the law says about owning it, carrying it, moving it, and using it.
Related reading: Security and communications; Prepping And The Law: Legal Considerations For Preppers; What Are Effective Strategies For Conflict Avoidance And De-escalation?