Allows possession of bear spray under certain conditions.
If passed, A162 would amend P.L.1993, c.211 and N.J.S.2C:39-6 to allow the use of bear spray, which is classified as a pesticide by the U.S. Environmental Protection Agency (EPA). This type of spray must meet specific EPA standards, which include a minimum content of 7.6 ounces, far exceeding current restrictions that limit pepper spray to three-quarters of an ounce. The bill would facilitate safer outdoor experiences for recreational users in areas where bear encounters are common, responding to public safety needs while allowing for responsible self-defense measures in bear habitats.
Assembly Bill A162 proposes to amend New Jersey law to allow individuals aged 18 and over to possess bear spray under certain conditions primarily for the purpose of repelling aggressive bears during outdoor activities such as hiking and biking. Traditionally, New Jersey law has restricted the legal possession of weapons designed for self-defense, which previously included stringent limitations on the size of pepper spray devices. This bill acknowledges that bear spray differs significantly from pepper spray in both capacity and intended use, thereby recognizing the need for the public to carry a more effective deterrent against bear attacks.
Despite its protective intent, A162 has sparked debate regarding the implications of legalizing bear spray. Supporters argue that it is a necessary tool for safety in nature, while opponents may raise concerns regarding potential misuse or unintended consequences of introducing more chemical deterrents into outdoor environments. Additionally, the bill includes a clause that protects individuals from civil liability when using bear spray in self-defense, provided their actions are deemed reasonable, which may contribute to further discussions on self-defense laws within the state.