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View Full Version : Minor and pepper spray question.


mblat
01-16-2008, 5:44 PM
My son ( under 17 ) is attending some classes in Cal State system. After some classes he returns way after dark and he uses public transportation.
I would like him to be able to carry pepper spray, so this is the question about legality of it.
I understand that the college may have it' own set of polices and if State of California have no problem with it I will call college and find out if they do,

But at this point question is purely about state/local laws (LA County) regarding minors in possession pf pepper spray.

Thank you

Liberty1
01-17-2008, 2:41 PM
http://law.justia.com/california/codes/pen/12401-12404.html

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, 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.

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.

Smokeybehr
01-17-2008, 3:10 PM
Looks like the answer is cut him a consent note, and you're good. A good idea would be to make it wallet sized and laminate it.

Some sample verbiage would be "pursuant to CA PC 12403.8, Johnny Smith has parental permission to possess tear gas or a tear gas weapon. /s/ Daddy Smith (phone number)"

tombinghamthegreat
01-17-2008, 3:35 PM
Good news to hear that my sister will not get in trouble with it. Also keep in mind that schools has different rules in the matter when it comes to minors. Most schools (High school and below) could expell a student for pepper spray. But college level is a little different. They sell pepper spray and stun guns on my college campus so keep that in mind.