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View Full Version : Legality of a Pepper Spray on Hawaii Islands


swhatb
10-04-2011, 10:05 PM
Hi. I searched the web and could really find anything credible on the possession of Pepper Spray on the Hawaii Islands, policies, requirements of, possession, permit needed, etc. My CCW in Cali won't be valid there and it turns out a Taser is not valid there either. I don't want to be totally defenseless so I hope the collective knowledge here has some wisdom. Thanks! :chris:

Keola
10-04-2011, 10:25 PM
Here's an article that says it is legal in Honolulu (city and county) and lists the details, but you may have to check with the neighbor islands to verify if it is restricted in other counties. Gun stores on O'ahu sell pepper spray.

http://archives.starbulletin.com/content/20100318_pepper_spray_sales_dont_need_background_c heck

swhatb
10-04-2011, 10:28 PM
Here's an article that says it is legal in Honolulu (city and county) and lists the details, but you may have to check with the neighbor islands to verify if it is restricted in other counties. Gun stores on O'ahu sell pepper spray.

http://archives.starbulletin.com/content/20100318_pepper_spray_sales_dont_need_background_c heck

Thanks! Being defenseless 'just' feels wrong :facepalm:

Stonewalker
10-04-2011, 11:04 PM
Criminalizing the carrying of pepper spray and other non-lethal means of force really illustrates the fact that some governments are AGAINST SELF DEFENSE. The 2nd amendment doesn't just guarantee us a right to arms, it more broadly guarantees us a right to use force if we need to.

Police State governments have it in their best interest to make sure we never understand that.

Funtimes
10-05-2011, 1:12 AM
Dive Knife.

cineski
10-05-2011, 6:13 AM
This advice would cause him to break a federal law. You cannot use wasp/hornet spray for self defense against humans. If that's all you had, sure, but planning on using it as your only defense is not a good idea.

Try Wasp and Hornet Spray. Works just as well and has a longer range to boot.

creekside
10-05-2011, 7:01 AM
Try Wasp and Hornet Spray. Works just as well and has a longer range to boot.

http://www.pbigordon.com/pdfs/WaspHornetKiller-SL.pdf

"It is a violation of Federal law to use this product in a manner inconsistent with its labeling."

What law? I was curious, so I did some Googling around and found:

http://www.epa.gov/agriculture/lfra.html

Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)

The objective of FIFRA is to provide federal control of pesticide distribution, sale, and use. All pesticides used in the United States must be registered (licensed) by EPA. Registration assures that pesticides will be properly labeled and that, if used in accordance with specifications, they will not cause unreasonable harm to the environment. Use of each registered pesticide must be consistent with use directions contained on the label or labeling.

http://www.epa.gov/pesticides/label/

The law (http://www.law.cornell.edu/uscode/html/uscode07/usc_sec_07_00000136---j000-.html):

(2) It shall be unlawful for any person—

(A) to detach, alter, deface, or destroy, in whole or in part, any labeling required under this subchapter;
[snip]
(G) to use any registered pesticide in a manner inconsistent with its labeling;

A civil penalty of $1,000 per offense plus criminal fine of an additional $1000 and imprisonment up to 30 days.

This is in addition to other Federal laws, and state laws such as PC 244 and PC 375, about using noxious chemicals on people.

Pepper spray is intended for the purpose. Don't use pesticides or other ORM-D products unless the situation calls for deadly force, and you feel you have no other choice to save your life. You will have to explain yourself, and quite probably to a jury.

Cali-Shooter
10-05-2011, 7:06 AM
Criminalizing the carrying of pepper spray and other non-lethal means of force really illustrates the fact that some governments are AGAINST SELF DEFENSE. The 2nd amendment doesn't just guarantee us a right to arms, it more broadly guarantees us a right to use force if we need to.

Police State governments have it in their best interest to make sure we never understand that.

Absolutely spot on, it boils my blood thinking about how some legislatives and governments try to do that and actually succeed in some cases in disarming the law abiding citizen of even less or non-lethal means to self-defense. I'm sure there is a special place in Hell for those that oppress in that manner.

darkwater
10-05-2011, 9:30 AM
Dive Knife.

I had looked into this before, and these are allowed because they are considered a tool. However, are there any other restrictions on how to carry them and justify that they are still a tool when one is inland rather than near the beach?

Fatstackz
10-05-2011, 9:43 AM
But Dog carries it all the time. He has a pepper spray version of a super soaker!:21:

bohoki
10-05-2011, 11:09 AM
yea dog seems to have plenty of bear mace

but in hawaii you might as well sell it as unicorn repellent

Wherryj
10-05-2011, 11:23 AM
Try Wasp and Hornet Spray. Works just as well and has a longer range to boot.

You might end up on the wrong end of criminal and civil charges by doing that. Wasp spray hasn't been tested and approved for that use. You could be asking for an expensive defense unless you happened to be n your back yard while you were spraying for wasps when you were attacked.

Funtimes
10-05-2011, 2:22 PM
I had looked into this before, and these are allowed because they are considered a tool. However, are there any other restrictions on how to carry them and justify that they are still a tool when one is inland rather than near the beach?

Not that I have seen. IANAL, but if you stay away from knives that are marketed as "weapons" and find one that is "utility blade" "tool" etc. you should be good.

i.e. the fixed blade k-bar that is "combat ready" would be bad :p.

The folding "Survival knife" would be ok.

BigDogatPlay
10-05-2011, 4:59 PM
Just remember to put your pepper spray (4 oz or less) in your checked baggage. Carrying it through the security checkpoint in your carry on bag = arrest.

steve91104
10-06-2011, 7:43 PM
This advice would cause him to break a federal law. You cannot use wasp/hornet spray for self defense against humans. If that's all you had, sure, but planning on using it as your only defense is not a good idea.

I stand corrected. :facepalm:

BigFatGuy
10-06-2011, 8:18 PM
a friend of mine who lives in Seattle tells me police there tell store owners to keep wasp spray handy in case of armed robbery. ;-(

swhatb
10-07-2011, 7:59 PM
Any idea if one can apply for taser permit in Hawaii. Still any link to Hawaii law on pepper spray so I can print and bring.

Funtimes
10-08-2011, 3:28 AM
Any idea if one can apply for taser permit in Hawaii. Still any link to Hawaii law on pepper spray so I can print and bring.

Tasers are banned.