Bear Repellent, NJ regs-Split from Pepper Spray, MA regs

[Offshore]

In NJ, possession of bear repellent is either OK or a felony with a 5 year prison term, depending on who you ask. Lots of opinions are available, but most are based on personal ideology rather than any qualified interpretation of the law. (I'm not risking a felony charge based on what someone on the 'net wishes or believes to be true...) Lots of outfitters sell it in NJ, but the question isn't of the legality of selling it, but of possession and use. I hope that one good outcome of the recent fatal bear encounter here in NJ brings resolution to this.

[Another Kevin]

In NJ, possession of bear repellent is either OK or a felony with a 5 year prison term, depending on who you ask. Lots of opinions are available, but most are based on personal ideology rather than any qualified interpretation of the law. (I'm not risking a felony charge based on what someone on the 'net wishes or believes to be true...) Lots of outfitters sell it in NJ, but the question isn't of the legality of selling it, but of possession and use. I hope that one good outcome of the recent fatal bear encounter here in NJ brings resolution to this.

Did a little research into the law, and it really does depend on intent.

New Jersey Code 2C39-4d: Other weapons. Any person who has in his possession any weapon, except a firearm, with a purpose to use it unlawfully against the person or property of another is guilty of a crime of the third degree.

New Jersey Code 2C39-5d: Other weapons. Any person who knowingly has in his possession any other weapon under circumstances not manifestly appropriate for such lawful uses as it may have is guilty of a crime of the fourth degree.

New Jersey Code 2C39-6i(1): Nothing in N.J.S.2C:39-5 shall be construed to prevent any person who is 18 years of age or older and who has not been convicted of a crime, from possession for the purpose of personal self-defense of one pocket-sized device which contains and releases not more than three-quarters of an ounce of chemical substance not ordinarily capable of lethal use or of inflicting serious bodily injury, but rather, is intended to produce temporary physical discomfort or disability through being vaporized or otherwise dispensed in the air. Any person in possession of any device in violation of this subsection shall be deemed and adjudged to be a disorderly person, and upon conviction thereof, shall be punished by a fine of not less than $100.

So it appears to come down to whether the cop thinks you have a "purpose to use it unlawfully," but you don't have to possess it "under circumstances [...] manifestly appropriate for such lawful uses as it may have" if it's less than 3/4 ounce of OC. And the prosecutor will hold the "crime of the third degree" (plus enhancements) over your head to get you to plead gulty to the "disorderly person" charge. Which in turn means that there will not be a lot of case law regarding what constitutes "purpose to use it unlawfully."