I had a question emailed to me today from a reader who was having trouble getting bear spray from Amazon – as he said they were sometimes indicating it was illegal in Florida. So, is it?
Well, the truth is that bear spray is not illegal in Florida per Florida Statute 790.01 – as long as you either have a CWL or could qualify for one. Otherwise, it would be a misdemeanor as 790.01 has no penalty for qualified individuals carrying any type weapon or firearm concealed.
And the sequel — since I just got another email asking what about open carry — the answer is that Florida Statute 790.053 does not prohibit open carry of pepper sprays of any size. Open carry would be prohibited, of course, in certain areas like schools — but you’d still have to make sure you didn’t stray into Florida Statute 790.10 — improper exhibition. In other words, while open carrying your bear spray — no threatening type conduct with it unless lawful self defense.
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