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pratchett
12-19-2009, 1:56 PM
Can you please link to some online resources explaining CA law regarding possession, carry, and use of pepper spray and related non-lethal chemical deterrents?

Quiet
12-19-2009, 2:01 PM
Penal Code 12401
"Tear gas" as used in this chapter shall apply to and include all liquid, gaseous, or solid substances intended to produce temporary physical discomfort or permanent injury through being vaporized or otherwise dispersed in the air, but does not apply to, and shall not include any substance registered as an economic poison as provided in Chapter 2 (commencing with Section 12751) of Division 7 of the Agricultural Code provided that such substance is not intended to be used to produce discomfort or injury to human beings.

Penal Code 12402
The term "tear gas weapon" as used in this chapter shall apply to and include:
(a) Any shell, cartridge, or bomb capable of being discharged or exploded, when the discharge or explosion will cause or permit the release or emission of tear gases.
(b) Any revolvers, pistols, fountain pen guns, billies, or other form of device, portable or fixed, intended for the projection or release of tear gas except those regularly manufactured and sold for use with firearm ammunition.

Penal Code 12403.7
Notwithstanding any other law, any person may purchase, possess, or use tear gas and tear gas weapons for the projection or release of tear gas if the tear gas and tear gas weapons are used solely for self-defense purposes, subject to the following requirements:
(a) No person convicted of a felony or any crime involving an assault under the laws of the United States, of the State of California, or any other state, government, or country or convicted of misuse of tear gas under subdivision (g) shall purchase, possess, or use tear gas or tear gas weapons.
(b) No person who is addicted to any narcotic drug shall purchase, possess, or use tear gas or tear gas weapons.
(c) No person shall sell or furnish any tear gas or tear gas weapon to a minor.
(d) No person who is a minor shall purchase, possess, or use tear gas or tear gas weapons.
(e)(1) No person shall purchase, possess, or use any tear gas weapon that expels a projectile, or that expels the tear gas by any method other than an aerosol spray, or that contains more than 2.5 ounces net weight of aerosol spray.
(2) Every tear gas container and tear gas weapon that may be lawfully purchased, possessed, and used pursuant to this section shall have a label that states: "WARNING: The use of this substance or device for any purpose other than self defense is a crime under the law. The contents are dangerous--use with care."
(3) After January 1, 1984, every tear gas container and tear gas weapon that may be lawfully purchased, possessed, and used pursuant to this section shall have a label that discloses the date on which the useful life of the tear gas weapon expires.
(4) Every tear gas container and tear gas weapon that may be lawfully purchased pursuant to this section shall be accompanied at the time of purchase by printed instructions for use.
(f) Effective March 1, 1994, every tear gas container and tear gas weapon that may be lawfully purchased, possessed, and used pursuant to this section shall be accompanied by an insert including directions for use, first aid information, safety and storage information, and explanation of the legal ramifications of improper use of the tear gas container or tear gas product.
(g) Any person who uses tear gas or tear gas weapons except in self-defense is guilty of a public offense and is punishable by imprisonment in a state prison for 16 months, or two or three years or in a county jail not to exceed one year or by a fine not to exceed one thousand dollars ($1,000), or by both the fine and imprisonment, except that if the use is against a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, engaged in the performance of his or her official duties and the person committing the offense knows or reasonably should know that the victim is a peace officer, the offense is punishable by imprisonment in a state prison for 16 months or two or three years or by a fine of one thousand dollars ($1,000), or by both the fine and imprisonment.

Penal Code 12403.8
(a) Notwithstanding paragraph (4) of subdivision (a) of Section 12403.7, a minor who has attained the age of 16 years may purchase and possess tear gas or tear gas weapons pursuant to this chapter if he or she is accompanied by a parent or guardian, or has the written consent of his or her parent or guardian.
(b) Notwithstanding paragraph (3) of subdivision (a) of Section 12403.7, a person may sell or furnish tear gas or a tear gas weapon to a minor who has attained the age of 16 years and who is accompanied by a parent or guardian, or who presents a statement of consent signed by the minor's parent or guardian.
(c) Any civil liability of a minor arising out of his or her use of tear gas or a tear gas weapon other than for self-defense is imposed upon the person, parent, or guardian who signed the statement of consent specified in subdivision (b) who shall be jointly and severally liable with the minor for any damages proximately resulting from the negligent or wrongful act or omission of the minor in the use of the tear gas or a tear gas weapon.

Penal Code 12404
Nothing in this chapter authorizes the possession of tear gas or tear gas weapons in any institution described in Section 4574, or within the grounds belonging or adjacent to any such institution, except where authorized by the person in charge of such institution.

Penal Code 12420
Any person, firm, or corporation who within this state knowingly sells or offers for sale, possesses, or transports any tear gas or tear gas weapon, except as permitted under the provisions of this chapter, is guilty of a public offense and upon conviction thereof shall be punishable by imprisonment in the county jail for not exceeding one year or by a fine not to exceed two thousand dollars ($2,000), or by both.

Penal Code 12421
Each tear gas weapon sold, transported or possessed under the authority of this chapter shall bear the name of the manufacturer and a serial number applied by him.

GrizzlyGuy
12-19-2009, 2:15 PM
See also here (http://www.calguns.net/calgunforum/showthread.php?p=3462950#post3462950), there are some CA-legal canisters with more than 2.5 Oz on the market.

Librarian
12-19-2009, 2:25 PM
And do note that's 'ordinarily' less than lethal; there are some/many reports of deaths associated with (but not usually conclusively established as 'caused by') the use of pepper spray and the like.

bohoki
12-19-2009, 4:15 PM
is pepper spay "tear gas"

cause i remember years ago i had to have a "tear gas permit"

but they said that pepperspray is ok without it teargas is cn or cs particulates

SteveH
12-19-2009, 5:59 PM
CPC 12422 is the one you have to watch out for. I put a piece of clear tape over the entire lable to preserve the manufacturers markings.

p7m8jg
12-19-2009, 6:28 PM
Years ago we carried "Mace" with CS or CN gas. Nowadays its "pepper spray."
One is different from the other....

Kid Stanislaus
12-19-2009, 6:55 PM
I've been told, though I've never checked it out, that a can of wasp spray is just as nasty as pepper spray on the eyes plus it has a much longer range and will not mist and blow back into the user's eyes. I can't vouch for this validity of this information.

LiberalGunner
12-19-2009, 10:25 PM
When I was in school they gave the girls "self defense" classes. I saw pepper spray discharged. There is a lot of blow back, and everyone's eyes were tearing. It's a little scary to hand these out to people who might never discharge until their life depends on it, as it could have more of a negative effect on the user than on the attacker - especially if the user were to prematurely spray while the attacker was still 10' away.

bohoki
12-20-2009, 12:21 AM
I've been told, though I've never checked it out, that a can of wasp spray is just as nasty as pepper spray on the eyes plus it has a much longer range and will not mist and blow back into the user's eyes. I can't vouch for this validity of this information.

wasp spray is a bad idea it is a nerve toxin that can cause severe permanant damage (you dont want it to be used against you if they win)

SteveH
12-20-2009, 12:43 PM
Years ago we carried "Mace" with CS or CN gas. Nowadays its "pepper spray."
One is different from the other....

I believe the Penal code considers them all to be "Tear gas weapons" no matter which irritant is used as the effective ingrediant.