COUNCIL OF THE DISTRICT OF COLUMBIA
The John A. Wilson Building
1350 Pennsylvania Avenue, nw
Washington, D.C. 20004
Christina Henderson Committee Member
Councilmember, At-Large Hospital and Health Equity
Chairperson, Committee on Health Judiciary and Public Safety
Transportation and the Environment
Statement of Introduction
Self-Defense Spray Sale and Transfer Clarification Amendment Act of 2023
November 6, 2023
Today, I am introducing the Self-Defense Spray Sale and Transfer Clarification Amendment Act
of 2023, along with Councilmembers Matt Frumin, Zachary Parker, Anita Bonds, and Brooke
Pinto.
The Firearms Control Regulations Act of 1975 codified restrictions on the use of firearms and
destructive devices, established registration requirements, and limited people from selling and
transferring them, among other things. The definition of “destructive device” in the law includes
“Any device containing tear gas or a chemically similar lacrimator or sternutator by whatever
name known.” This definition applies to Title 7, Chapter 25, Unit A of the Code. A lacrimator is
a chemical that irritates the eyes and causes tear production. Common lacrimators include pepper
spray and mace. District law requires that individuals who receive, possess, control, transfer,
offer for sale, sell, give, or deliver any destructive device in the District hold a dealer’s license.
The Firearms Control Regulations Act was amended by the Legalization of Self-Defense Sprays
Amendment Act of 1992 to authorize the possession and use of self-defense sprays in the
District. The Legalization of Self-Defense Sprays Amendment Act defines a self-defense spray
as “a mixture of a lacrimator including chloroacetophenone, alphacloracetophenone,
phenylchloromethylketone, orthochlorobenazalm-alononitrile or oleoresin capsicum.” The
definition of self-defense spray is limited to two sections of Title 7, Chapter 25, Unit A of the
Code. The Legalization of Self-Defense Sprays Amendment Act did not specifically allow for
the sale, transfer, gift, or delivery of lacrimators.
The definition of self-defense spray and the definition of a destructive device overlap by defining
such items as lacrimators. While the possession and use of self-defense sprays is permitted,
current law does not address the sale of self-defense sprays defined as such. Consequently, the
definition of destructive device is used when interpreting the legal ways that lacrimators may be
sold and delivered in the District.
Only those with a dealer’s license can transfer, offer for sale, sell, give, or deliver a lacrimator in
the District. Local or internet-based retailers that otherwise have no reason to hold a dealer’s
license must acquire one to sell and deliver commonly used lacrimators like pepper spray in the
District. Companies with an online marketplace and many independent sellers do not sell or
deliver lacrimators to District residents due to these licensing requirements. These limitations
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 COUNCIL OF THE DISTRICT OF COLUMBIA
The John A. Wilson Building
1350 Pennsylvania Avenue, nw
Washington, D.C. 20004
leave very few options for District residents that want to purchase a product that the law
affirmatively allows them to possess for their safety.
As of November 6, 2023, violent crime is 40 percent higher than it was at the same date last year.
The bulk of the increase is due to robberies increasing by 69 percent and homicides rising by 33
percent. In this environment, District residents need easy and reliable access to tools that
decrease their vulnerability and empower them to address threats to their personal safety. The
current limitations on purchasing lacrimators hurt residents, and must be addressed. I look
forward to working with my colleagues expeditiously to make this common-sense and necessary
change to our laws.
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 1 _____________________________ _____________________________
2 Councilmember Matt Frumin Councilmember Christina Henderson
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6 Councilmember Zachary Parker Councilmember Anita Bonds
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10 Councilmember Brooke Pinto
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16 A BILL
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21 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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25 To amend the Firearms Control Regulations Act of 1975 to allow a person to transfer,
26 offer for sale, sell, gift, or deliver a self-defense spray.
27 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
28 act may be cited as the “Self-Defense Spray Sale and Transfer Clarification Amendment Act of
29 2023”.
30 Sec. 2. The Firearms Control Regulations Act of 1975, effective September 24, 1976
31 (D.C. Law 1-85; D.C. Official Code § 7-2501.01 et seq.), is amended as follows:
32 (a) A new section 213a is added to read as follows:
33 “Sec. 213a. Sale of self-defense sprays.
34 “Notwithstanding any other provision of this act, a person may transfer, offer for sale,
35 sell, give, or deliver a self-defense spray to another person in the District for the purposes set
36 forth in section 213; provided, that the self-defense spray is propelled from an aerosol container,
37 labeled with or accompanied by clearly written instructions as to its use, and dated to indicate its
38 anticipated useful life.”.
39 Sec. 3. Fiscal impact statement.
40 The Council adopts the fiscal impact statement in the committee report as the fiscal
41 impact statement required by section 4a of the General Legislative Procedures Act of 1975,
42 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
43 Sec. 4. Effective date.
44 This act shall take effect following approval by the Mayor (or in the event of veto by the
45 Mayor, action by the Council to override the veto), a 30-day period of congressional review as
46 provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
47 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of
48 Columbia Register.