Pepper Spray

[Nick1236]

If possession of pepper spray or mace is limited to small size only for civilians, can we use bear spray instead? Something like this: http://www.udap.com/product.htm.

I would think that is illegal if there is a warning label on the bear spray that reads something like "It is illegal to use this product in anyway other then intended". Kinda like using wasp spray for SD, says right on the label its illegal. (too bad too cause wasp spray has almost a 50ft reach)

Edit: Says right on the label "This product may be used only to deter bears which are attacking or appear likely to attack humans."

So my guess is no, not legal to use as a SD spray against another human.

[Deucer]

Really? So say I'm being attacked and happen to have some bear spray on me. I'm in genuine fear for my life and the situation would warrant the use of a firearm, but I don't have one. I can't use bear spray in that situation?

[Joe]

fox labs mean green.

http://www.foxlabs.com/meangreen/index.shtml

[Joe]

Really? So say I'm being attacked and happen to have some bear spray on me. I'm in genuine fear for my life and the situation would warrant the use of a firearm, but I don't have one. I can't use bear spray in that situation?

You should be more afraid if you were carrying it around daily and happened to be stopped/searched by LE. I don't remember reading about bear attacks in SF. You could argue its to defend against the lion attacks :P

[Nick1236]

^ what he said. Theres no reason you would need to be carrying around bear spray on a daily basis. Thats where you would get in trouble. I guess you could say (if your regulary drive a truck or 4x4 vehicle or something) that it happened to be in the vehicle from my last camping trip, but it may not work very well if you drive a sedan or sport car (whos goes camping with a family sedan?)

[Big O]

Is possession of bear spray illegal? Is it limited to likely areas of bear attack only? Is it prohibited in urban areas?

[SJgunguy24]

If possession of pepper spray or mace is limited to small size only for civilians, can we use bear spray instead? Something like this: http://www.udap.com/product.htm.

No

Really? So say I'm being attacked and happen to have some bear spray on me. I'm in genuine fear for my life and the situation would warrant the use of a firearm, but I don't have one. I can't use bear spray in that situation?

Then have a gun legally stored but readily accessible.

Is possession of bear spray illegal? Is it limited to likely areas of bear attack only? Is it prohibited in urban areas?

Bear spray is legal to carry if carried for use on Bears or other animals in a wilderness situation. If you carry it for self defense you can be charged with a felony IIRC.
Carry OC in the civi sized container and you'll be good and legal. Remember though, if somebody eats tons of hot food, it may not be effective.

[Big O]

Edit: Says right on the label "This product may be used only to deter bears which are attacking or appear likely to attack humans."

So my guess is no, not legal to use as a SD spray against another human.

Is the product label quoting law?

If you use it against a human, and cause damage to eyes or something, you can be held liable. But then, that's the case with anything, including guns. What's the difference between using bear spray and throwing a rock and cracking the guy's skull? Anything you use in self defense can cause lasting damage or even death, some are more likely and some are less likely. Make sure you're absolutely justified, you have exhausted all other peaceful avenues of resolving the situation, and have nowhere to back down.

[Cyc Wid It]

My guess is that you're carrying it with the intent of using it in a way other than permitted. I'm curious to see the actual legal language though.

*edit* A similar example may be using wasp spray instead of pepper spray. In this case, federal law prevents wasp spray from being used in any manner other than described on the label. It falls under pesticides, more info here: http://www.epa.gov/oecaagct/tecom.html

[leelaw]

Is the product label quoting law?

If you use it against a human, and cause damage to eyes or something, you can be held liable. But then, that's the case with anything, including guns. What's the difference between using bear spray and throwing a rock and cracking the guy's skull? Anything you use in self defense can cause lasting damage or even death, some are more likely and some are less likely. Make sure you're absolutely justified, you have exhausted all other peaceful avenues of resolving the situation, and have nowhere to back down.

I believe the problem would lie in intent and usage of the product.

Why carry a product that is expressly not for use against humans, when you are not in a place likely to encounter the intended target (bears, wild animals)?

What does it say of your intent to use the product -again- because of the area that you are carrying it?

If the intended use of pepper spray is to use against attackers not likely to cause death, and you use something not intended for use on humans, then the escalation of force may be unreasonable. While it may be justified if you can articulate a legitimate fear of death or great bodily injury and the proximity to cause such harm, it sets a large hurdle, and would almost require that you carry both the standard and animal types and make you question yourself before you use it: "hmm, should I use the red one, or the black one?" which could defeat the purpose by adding too much time between the recognition of the threat and the reaction to it.

[Big O]

Bear spray is legal to carry if carried for use on Bears or other animals in a wilderness situation. If you carry it for self defense you can be charged with a felony IIRC.

Can you quote the penal code or case law that suggests this?

Huge numbers of Californians live in "wilderness areas." What defines a wilderness area? Ever seen a black bear taking a swim in somebody's pool on the news? What about mountain lions? Here in L.A. county, it's easier listing the areas that are non wilderness. Seems to me that keeping bear spray handy in your car may actually be a good idea.

[Big O]

Perhaps strapping up bear spray on your hip and walking around the mall may be ill advised. Keeping one in your car however, is a different story.

[Deucer]

Getting off the bear spray topic...

Don't assume that someone who's hit will pepper spray is incapacitated. As this video shows, they can still be very dangerous.

(Warning, not graphic but disturbing)

[Napalm Bulldog]

fox labs mean green.

http://www.foxlabs.com/meangreen/index.shtml

My parents owned storage places for years and we found a few bottles of stuff back in the day that was similar to this. It would spray out and foam dying the bad guys face for days. We were told it was illegal. If its legal now I am all for it. How do you hide martian skin/Face! LOL