What is Bear Spray?
Bear spray is a type of deterrent, used primarily in bear-prone areas, to prevent animal attacks. It is widely considered a logical and effective option to keep bears at bay, however, as its name implies, bear spray consists largely of pepper, typically an administration of oleoresin capsicum derived primarily from chili pepper. As a result, bear spray is chemically similar to pepper spray.
Like pepper spray, bear spray is designed to incapacitate an aggressor. Unlike pepper spray, however, it is not a close-range projectile.
When bear spray is deployed, it is intended to serve as a "screen"- blocking the path between an animal and a potential attack target. For example, in an emergency situation in which a bear might be a threat, a target (such as a human) using bear spray may completely face away from the bear and point the device behind him or her.
Deployment of bear spray in this manner forms a "cloud" of deterrent, which a charging animal would have to cross in order to reach the target. As it does so, the active chemicals in the spray interfere with the animal’s ability to see and sniff , making it less inclined to charge.
Bear spray is non-lethal and is not intended to incapacitate a bear for an extended period. Unlike a taser, gun, or even traditional pepper spray, bear spray does not cause long-term physical damage. It also is not as likely to be used for unlawful purposes- while most self-defense devices can be used for nefarious purposes (from intimidation to unprovoked attacks), bear spray is not likely to be used for any purpose other than it was intended.
Because it is not designed to cause or inflict serious bodily injury, bear spray is not regulated in the same way other types of weaponry are. But is it legally permissible to use or carry a device like bear spray in New Jersey? The answer depends on the circumstances. While the state is not likely to impose restrictions on the possession of bear spray, if used in an unlawful manner- particularly during an attack- you may be charged with a crime.
Such a situation is best avoided by understanding the law. In the next section, we’ll review what constitutes a legal use of bear spray, and under which specific circumstances this seemingly innocuous product may land you in legal trouble.
Legality of Bear Spray in NJ
As one of the most densely populated states in the United States, you wouldn’t expect to find bears in New Jersey. However, they do exist, even if rarely, and when you do encounter one up close, bear spray can be a great way to scare away a harmful bear. Although bears don’t usually pose much of a threat to human beings unless really agitated, having bear spray can really help put your mind at ease.
However, when researching bear spray, you might come across New Jersey laws perhaps suggesting that this is not the place to own your bear spray. After all, New Jersey is one of only a small number of states that have laws and regulations on the books concerned with the possession, use, and sale of bear pepper spray.
What, Exactly, Are New Jersey’s Laws? It can be confusing to drill down on the bear spray laws in New Jersey, especially since they have changed somewhat over the years. But if you’re going to bring bear spray with you to New Jersey, it’s important that you know specific state laws about this potentially deadly pepper spray. Currently, bear sprays, as well as products sold as "bear deterrents," are illegal for sale in New Jersey. If you live in the state and own bear spray, it’s only illegal if you transfer any ownership of the bear spray. But if you come to New Jersey with the bear spray, it’s perfectly legal — so long as you leave the state within 90 days of bringing it into the state. (You should be in good shape to do that, since New Jersey isn’t much of a place for camping — and far cheaper to stay in Pennsylvania.) At its core, New Jersey law defines a bear deterrent as "a device, product, or substance, in aerosolized form, which is composed predominately of capsaicin and related capsaicinoids and which is labeled and packaged exclusively and specifically for use in repelling bears." The law bans permission for people in New Jersey to distribute, sell, offer for sale, dispense, use, or carry bear deterrents. The whole point of this law is to protect people, so to this point, in practice, the state has not seen fit to prosecute individuals for possession of bear spray while out of state. Currently, New Jersey sees no active prosecution against anyone who carries bear spray into the state. New Jersey is not alone in banning bear spray products, discouraging people from transfer, or making ownership unlawful; there are eight other states with laws or restrictions on the sale, distribution, and use of bear spray.
Legally Obtaining Bear Spray in NJ
To legally purchase bear spray in New Jersey, residents need to find a retailer that sells bear spray products. While online shopping is also an option, as with all weapons, purchasing from an in-state vendor has its advantages. For example, when you buy bear spray in New Jersey, you’ll be able to examine the device and the spray in person before making a purchase. Additionally, it’ll likely be easier to return the product if any issues arise.
When looking for retailers that carry bear spray, consider those that specialize in camping gear or sporting goods. Whether or not you obtain a permit or license beforehand, you may also try visiting a local gun shop. However, bear spray is not typically sold by a retailer that only sells firearms.
In New Jersey, there are no regulations regarding the age of a purchaser for bear spray or other defensive sprays. Not only are retailers not required to ask a buyer’s age, but bear spray can be purchased without a permit. Accordingly, the only age requirement for purchasing bear spray in New Jersey is the individual being older than 18 years of age, as the child must be able to handle the bear spray safely.
Bear Spray Possession Safety & Legal Implications
The importance of acting responsibly whilst using bear spray in the outdoors is paramount. Bear spray is an effective deterrent against attacks, however, improper use can carry negative consequences both for you and animal. Spray should not be used in the following ways: Using an expired can of bear spray is a bad idea. Old cans might malfunction or not deploy at all, making them ineffective against aggressive wildlife. In addition, this can create a larger safety issue if lands outside of the area you intended in releasing it. Bear spray can expire after three years or so and becomes less effective over time. Look for an expiration date prior to purchase . Bear spray is a powerful tool, but it must be used responsibly and legally. In New Jersey, carrying bear spray is legal as long as it contains less than 3.5 ounces of active ingredient and the active ingredient is listed as capsaicin or capsicum in the first four ingredients. If it contains more than 3.5 ounces of active ingredient or contains another type of active ingredient not listed in the first four on the packaging, then it is illegal to possess and can result in penalty. It is also illegal to use bear spray against a human in New Jersey. Creating or buying your own bear spray by filling a canister of some other type with a homemade solution is illegal and can result in charges and penalties.
Other Ways to Protect Yourself
Given the legal limitations of bear spray in New Jersey, people often ask what alternatives are available. The answer is that there are several, but each has its tradeoffs. For example, NBC New York reported on a new product being marketed as a bear alternative: "a small bottle of 10% bear spray and 90% perfume" for an extra kick (yes, it’s real). But is perfume legal? The answer is yes, but only to the extent that it is not sold as a weapon, which is a whole other issue because stating perfume was made for a different intended purpose, like bear defense, can technically make it illegal. Nevertheless, some people find these gimmicky products useful, and that’s what makes the bear perfume no different than the other alternatives. There are personal alarms designed to make a loud noise to draw attention to a person when needed, and something similar to a car alarm. These alarms can be effective if you can use one quickly and without notice, but not much different from yelling "fire" in a crowded theater. The personal alarm works, but it isn’t as effective as bear spray because it doesn’t give as much confidence a bear will run away, even if there are people within earshot. If you give it some time, a bear may leave, but not if it senses it can win a fight. In essence, the use of alarm is designed to deter a potential attack, not repel it, much like the bear spray. For this reason, a self-defense class can be an acceptable alternative to bear spray if you don’t mind being up close and personal with an attacker as opposed to a bear. This skill is taught to allow a person to escape and is quite effective should the need arise to use it. However, to be effective, one must take precautions that are time-consuming in the moment, which means the effectiveness of the ability diminishes quickly, if an assailant actually has the intention to harm you. Most experts agree a standard self-defense course is only valid for a few months, depending on how often one reconstitutes the skill through practice. What if an attacker approaches you when no one is around and you know the attack is imminent? Would you really have the confidence to step up and repel an attack from someone if you have no time to react and cannot run away? A more common solution would be to install a home or business security system, which is something that can act as deterrent for both a bear and a burglar. Dynamic Security Consultants reported that "most bear attacks occur during spring or summer months," and "hardly any bear attack victim was ever found to have a firearm." This goes back to my point that while some lawyers specialize in appeals, most of us are prepared for anything, including dealing with bears. Like most other experienced professionals, we know how to assess the threat, determine whether force is reasonable, and then set our scope on how best to repel it.
Conclusion: Is Bear Spray for you?
In this guide, we’ve looked at the legalities surrounding the use of bear spray here in New Jersey, and helped you decide whether it is the right form of protection for you. While it is legal for self-defense in most circumstances, if you are not within the animal’s territory and have no fear of your life or safety it may be illegal to use bear spray against them. Bear spray may be the right choice for your protection if you are an outdoors person and spend a lot of time hiking where animal encounters would be expected. On the other hand, it may not be the right choice if you don’t spend much time outdoors or can foresee the likelihood of a bear encounter. If you encounter an animal, leave their territory immediately if possible. The animal may not see you as human and therefore not as a threat or prey and in that case, bear spray would be an inappropriate response. If the animal approaches you and you fear for your safety you can use the bear spray; however, if it is later found that you did not act reasonably in that situation, you could face criminal charges . If you do plan to carry bear spray or any kind of pepper spray or defense spray with you on a daily basis, make sure that you research what type is legal for you to carry and follow the laws carefully. If you are in compliance with the law and you use the appropriate amount of force if faced with an attack, you should have no problem with legal issues. Bear spray is just one option for your self-defense needs. Make sure that you consider all of the alternatives like self-defense classes, personal alarms, stun guns or Tasers, and what could be known as "standard" self-defense tools like a knife or Telescoping baton. Each has their own advantages and disadvantages that make them more or less desirable for different situations. Ultimately, it will be up to you to decide which is most effective for you and your lifestyle. Bear spray is just one option that could potentially save your life in the event of an animal encounter, but there are plenty of other options for self-defense if you consider all of your possibilities.
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