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Crawfish141
02-11-2010, 12:48 AM
Is tear gas legal in Ca? I know this isn't really 2A related, but if anyone would know it's you guy's.

Adehtla
02-11-2010, 1:51 AM
If I recall correctly, it is legal up to a 2.5oz net weight container (not sure where this is defined, but I remember it). The biggest difference is penalties for misuse of CN or CS-- a possible felony and maybe jail time.

Adehtla
02-11-2010, 1:55 AM
Found it:

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.

cdtx2001
02-11-2010, 7:09 AM
Tear gas is legal everywhere in CA. I buy it all the time, don't you??? I mean, every time I pull up to the pump and pay for gas, it brings tears to my eyes.

Adehtla
02-11-2010, 7:41 AM
Tear gas is legal everywhere in CA. I buy it all the time, don't you??? I mean, every time I pull up to the pump and pay for gas, it brings tears to my eyes.

This is especially true for me... my car requires, yes "requires", high octane gasoline-- 91+ only.

devilinblack
02-11-2010, 8:56 AM
So, those jumbo cans of bear spray are illegal here?

WokMaster1
02-11-2010, 9:06 AM
So, those jumbo cans of bear spray are illegal here?

That's pepper, garlic & gumbo spices plus tenderizer for the bear to season our butts before eating us

CHS
02-11-2010, 9:16 AM
So, those jumbo cans of bear spray are illegal here?

Must be. I don't understand why every REI sells it then... :(

cdtx2001
02-11-2010, 9:39 AM
So, those jumbo cans of bear spray are illegal here?

If they are, thank god. I won't have to worry about Dog coming to CA and yelling "HIT HIM WITH THE BEAR SPRAY BRA!!!"

Adehtla
02-11-2010, 9:59 AM
So, those jumbo cans of bear spray are illegal here?

Depends on what they contain. The stuff REI sells (http://www.rei.com/product/722005) is purely OC based. There's no CN or CS in their offering.

GrizzlyGuy
02-11-2010, 10:00 AM
So, those jumbo cans of bear spray are illegal here?

No, many are legal. See here (http://www.calguns.net/calgunforum/showpost.php?p=3462950&postcount=29).

SteveH
02-11-2010, 1:45 PM
Just be sure the serial number doesnt rub off from the lable in your pocket.

See CPC 12422

I put a piece of clear tape over the lable of every new can to preserve the serial number and manufacturers markings.

Quiet
02-11-2010, 8:33 PM
So, those jumbo cans of bear spray are illegal here?

Those are legal for use aganist non-human beings.

For use aganist human-beings, you are limited to 2.5oz containers that are properly labeled.

ponderosa
02-12-2010, 12:56 AM
I bought two different "tear gas/pepper spray" canisters from Big 5. Figured why not add it to my array of defenses...

They don't say how much tear gas is in them, but lists;

"Orthochlorobenzalmalononitrile (CS Military Tear Gas), Oleoresin Capsicum (Red Pepper). Plus an invisible ultraviolet light sensitive dye for police suspect identification."

Hahaha. Anyway, tear gas is the first listed ingredient...