State colleges and universities receive quite a large amount of funding from taxpayers. What’s their responsibility as far as keeping students safe? What’s within their powers to restrict their students from lawful self-defense? How do the state colleges and universities measure up in New Jersey when it comes to their weapons policies? As of April 2025, only one out of 11 state colleges in N.J. allows pepper spray on their campuses.
Previously reported, Montclair State University bans all weapons, even non-lethal options such as pepper spray. While exploring that over the course of three different reports (report one, report two, & report three), it was discovered that Rutgers University, also a state college, does allow the possession of pepper spray by their students on their campuses. How do the rest of the schools handle this topic?
The question presented: Should state colleges and universities who receive taxpayer funding be allowed to ban non-lethal self-defense items on their properties? Should any college be able to ban the most basic of self-defense options?
New Jersey has 11 different state colleges/universities:
- The College of New Jersey
- Kean University
- Montclair State University
- New Jersey City University
- New Jersey Institute of Technology
- Ramapo College
- Rowan University
- Rutgers University
- Stockton University
- Thomas Edison State University
- William Paterson University
All of the colleges have policies restricting weapon possession and use.
Of the 11 state colleges, only one explicitly states that pepper spray is acceptable to possess on campus. Noted above, that university is Rutgers.
One college, Ramapo, notes specifically in their student conduct manual that “Stun Guns, Tasers, Pepper Spray” are prohibited.
All of the weapons policies at the other schools are somewhat ambiguous.
A spokesperson from Montclair University stated that pepper spray is not allowed on campus in a mitigated comment referencing all weapons. When it was discovered that the university bookstore was actually selling Sabre brand pepper spray, the university was contacted again about the weapons policy. Montclair University Spokesperson Andrew Mees said, “We will have no further comment on this,” in response to the request.
“The bookstore is serviced by a third-party vendor who was procured under the agreement that they do not sell any items that are in violation of University policies,” Mees said in a subsequent email after coverage concerning the sale of pepper spray on campus was published. “The pepper spray was sold in error and in violation of our policies. It has been immediately removed from the store, and will not be sold in the future.”
Mees ended with, “We will have no further comment.”
The College of New Jersey has an interesting paradox. While their student conduct manual does not cite pepper spray as being a prohibited item, their “Use of Campus Rules” notes pepper spray is prohibited.
The policy states that the “rules must be complied with for all Events on Campus Property.” Those rules assert that “no harmful chemicals, hazardous substances, or infectious agents are permitted, including without limitation all of the following: mace, pepper spray or any other aerosol irritant…”
When contacted about their policy, a The College of New Jersey spokesperson said that the possession of any weapons on the grounds of a school would be illegal via state law. "New Jersey law makes possession of the weapons identified in your inquiry unlawful on campuses such as The College of New Jersey, regardless of whether such possession is lawful elsewhere. See N.J.S.A. 2C:39-5 et seq," said Luke Sacks, TCNJ's head media relations officer.
When Sacks was given information concerning the exemption in New Jersey's law that allows three-quarters of an ounce of pepper spray, he restated that possession would be volitive of the law and the school's policy.
"N.J.S.A. 2C:39-5(e) governs firearms or other weapons in educational institutions," Sacks stated. "Pepper spray, stun guns and tasers are included in paragraph 4 [of the cited statute]. Possession of such weapons on a college campus are prohibited by criminal statute and college policy."
Outside of Montclair, Ramapo, and The College of New Jersey, who ban pepper spray via policy or comment, and Rutgers, who allows it, what do the other universities have to say about their weapons policies?
Spokespersons from the remaining seven state colleges were contacted and asked for clarification of their weapons policies and for comment.
“What is the university's policy on the possession of items like pepper spray, stun guns, and Tasers? Are there carveouts for self-defense weapons that are legal in the state of New Jersey?” Those questions were asked of the universities individually.
None of those seven state colleges responded to the requests.
A 2024 report put out by NorthJersey.com ranked N.J. colleges by their level of crime. Six of the 11 state colleges ranked in the top 10 of having the most crime.
The report found Rutgers University–New Brunswick campus–to have the highest level of crime, “with 92 total reported crimes, 31st nationally. Burglaries were the most reported crime on and around campus with 31, followed by rape with 28.”
Princeton University–not a state college–ranked second. Princeton, like the other universities, has a prohibitive weapons policy with no carveout for pepper spray.
State college Rowan University ranked third, which was said to have 46 total crimes reported in the period examined, with the top crime reported being their 19 rapes.
Of the remaining top ten colleges in N.J. with the most crime, the following were the state schools:
- William Paterson University of New Jersey: Ranked 4 in NJ, 213 nationally; 32 total reported crimes; student population 9,920
- The College of New Jersey: 5 in NJ, 239 nationally; 29 total reported crimes; student population about 7,000 […]
- Rutgers University-Camden: 7 in NJ, 346 nationally; 22 total reported crimes; student population 5,966
- Montclair State University: 8 in NJ, 391 nationally; 20 total reported crimes; student population 18,062
- New Jersey Institute of Technology: 8 in NJ, 391 nationally; 20 total reported crimes; student population over 12,300
- Rutgers University-Newark: 10 in NJ, 460 nationally; 17 total reported crimes; student population 11,008
The study treated Rutgers’ three campuses as independent institutes. All three campuses ranked in the top 10 most crime-ridden.
Joseph D. Lento, an experienced New Jersey criminal defense attorney and founder of the Lento Law Firm and Lento Law Group, spoke to us about weapons on college campuses in New Jersey. Lento and his team have extensive experience in the area of student discipline defense, representing students, faculty, and professionals in complex disciplinary, academic, and licensing matters across the country. His advice is contrary to what we've been told by university officials about New Jersey's law in this area. More information about his firm is available at studentdisciplinedefense.com.
"In New Jersey, adults 18 years or older who have not been convicted of a crime may legally possess pepper spray for self-defense under N.J.S.A. 2C:39-6(i)(1), which provides a clear exception from the general weapons prohibition in 2C:39-5," Lento explained. "This provision allows eligible individuals to carry personal defense chemical sprays containing no more than three-quarters of an ounce of chemical substance. Unless a specific college policy establishes additional restrictions, adult college students without criminal convictions may exercise this right to carry these limited quantities of pepper spray for their personal protection while on campus.
"Montclair State University is an example of a school that adheres to a blanket weapons ban in the Student Code of Conduct stating, 'Students are prohibited from threatening to and/or bringing any weapon or facsimile of a weapon to campus, to University-related premises, or to University-related events, including academic, athletic, and social events held away from campus.' While it does not specifically mention pepper spray, students should seek clarity from the administration before possessing the chemical on campus," Lento said.
The ability for people to self-defend is a natural--God-given--right as enumerated by the U.S. Constitution and Bill of Rights. The Second Amendment protects all bearable arms from being regulated away by the government. By extension, state-funded colleges and universities should not prohibit the most basic of self-defense options–or any, really.
As pseudo-governmental agencies, the restricting of rights at state colleges should be regarded as unconstitutional if it were the U.S. government, or any other state or municipality inflicting the infringement.
While this debate on pepper spray plays out in the Land of 1000 Diners, “campus carry” should be addressed–where the carrying of firearms is permitted at colleges. There are 11 states that have campus carry and an additional 19 states leave the matter of carry on the school grounds up to the individual colleges. That’s 30 states with permissive campus firearm possession laws.
The Garden State is so anti-self-defense that 10 out of 11 of the state colleges and universities--91%--don’t even allow non-lethal or less-than-lethal self-defense options. At least the most crime-ridden college in the state–Rutgers–does allow for pepper spray possession. As for the rest? It seems the state colleges are complicit in allowing their students to be victims rather than work to empower them. Should you be attending--or paying for someone to attend--one of the ten state colleges or universities in New Jersey that doesn't allow the most simple of self-defense tools, consider petitioning said administration. Contrary to what you may have been told, even in New Jersey, you do have rights.
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