ka-bar pepper spray legality (non LEO)

[HIG541]

what is the legality of having a Ka-bar and pepper spray in your civilian car? not on the front seat or anything. . . in a bug out bag out of view. Also, if the car were searched what would be the outcome of a leo coming across those things. Want to stay on the right side of the law here

[Notorious]

There's really nothing I can think of regarding the transportation of an otherwise legal knife and pepper spray inside a vehicle trunk or even in a bag in the passenger compartment. Don't wear the knife concealed because that makes it a felony.

Anyone else got other info? I'm curious too.

[cowboykenny]

Why would an officer be searching your vehicle in the first place, what would get you in that situation. Or just a thought.

[Uhhlexxxis]

Nothing illegal about the pepper spray, just don't get pulled over. Easy to follow traffic law (I promise!)..

[lorax3]

CA Penal Code 12403.7 details the circumstances in which NON-LEO may have "tear gas". If you want be 100% comfortable I would familiarize yourself with section, and the following exceptions in the PC. Namely if you are a minor, and the size limit.

And yes, CA considers it "tear gas".

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
7intended to be used to produce discomfort or injury to human beings.

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.
(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.

[ElvenSoul]

Make sure it is Pepper Spray and not Tear Gas and you are ok.

[HIG541]

I have no reason that my vehicle would be searched (no drugs, alcohol, firearms, etc) , but stranger things have happened to me before. Thanks for the code on the pepper spray and the info on the Ka-bar.

[Lrchops]

You can legally carry pepper spray, K-Bar knife, and 8 ounces of marijuana with your physician recommendation, a wad of cash, a scale,,,,and there is not a damn thing any cop can do!

Rediculous!