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Thread: Oleoresin Capsicum (OC) Spray - Legal Where You Live?

  1. #1
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    Oleoresin Capsicum (OC) Spray - Legal Where You Live?

    There’s been a recent thread regarding the use of bug-spray as an improvised self-defense tool. I believe it advanced under the premise that it may be a viable alternative to other tools, such as the wide range of Oleoresin Capsicum (OC) sprays available in the self-defense market, where the latter are prohibited or regulated by jurisdiction. I’m also aware that the THR library has a link to a compendium of knife/edged-weapon regulation, by jurisdiction. However, I’m unaware of a reference that speaks to the ‘legality’ of OC purchase or possession.

    So, the purpose of this thread is to ask …. Is the purchase/possession of OC regulated, or even prohibited, where you live? (Please give reference to State or local/municipal law, if possible.) I’ll get us started on what I found from that ‘font of verifiable knowledge’ , wikipedia (feel free to cite check this info., I'll do what I can, as well):

    MASSACHUSETTS: residents may purchase defense sprays only from licensed Firearms Dealers in that state, and must hold a valid Firearms Identification Card (FID) or License to Carry Firearms (LTC).

    http://www.mass.gov/legis/laws/mgl/140-131.htm

    WISCONSIN: tear gas is not permissible. By regulation, OC products with a maximum OC concentration of 10% and weight range of oleoresin of capsicum and inert ingredients of 15-60 grams are authorized. This is 1/2 oz. and 2 oz. spray. Further, the product cannot be camouflaged, and must have a safety feature designed to prevent accidental discharge. The units may not have an effective range of over 20 feet and must have an effective range of six feet. In addition there are certain labeling and packaging requirements: must state cannot sell to anyone under 18 and the phone number of the manufacturer has to be on the label. The units must also be sold in sealed tamper-proof packages.

    MICHIGAN: pepper spray is legal if it has less than 2% of the active ingredient, this decreases the length of the effects but not the SHU. Sprays containing a mixture of CN/CS are also banned, though tear gas containing only CS is legal.

    NEW YORK: pepper spray may be legally possessed by any person age 18 or over; however, it must be purchased in person (i.e. cannot be purchased by mail-order or internet sale) either at a pharmacy or from a licensed firearm retailer

    NY Penal Law 265.20 14 (a)

    the seller must keep a record of purchases. The use of pepper spray to prevent a public official from performing his/her official duties is a class-E felony;

    WASHINGTON: persons over 18 may carry personal-protection spray devices. Persons over age 14 may carry personal-protection spray devices with their legal guardian's consent.

    http://apps.leg.wa.gov/RCW/default.aspx?cite=9.91.160

    CALIFORNIA: the container holding the defense spray must be less than 2.5 Oz

    Thanks for your responses.
    (And this is my first non-trading-post thread start. )
    Last edited by thesecond; June 24th, 2009 at 03:07 PM. Reason: links to some statutes added

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    Neat. Didn't realize until this post (thanks!) that in 1995 CA repealed its OC licensing requirement (was more of a training requirement).

    In MA, there are 4 levels of "firearms" license. The "FID, restricted" (Class D) license is pepper-spray only (no firearms) and, as I understand it, is rarely denied (unless the applicant is a "disqualified" person regarding firearms purchase). Annoying, though, in that you have to do the fingerprint/photo/re-apply every 6 years (no fee for renewals).

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    Legal in Louisiana. I've seen it sold at hardware stores and lumber yards. It's easy to find in these parts.

    I don't have any statutory authority to cite, only commenting on how common it seems to be in the local stores.

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    Smile

    I have seen self defense bear sprays and so forth in some stores out here. I am not sure if the BEAR spray is a people spray too. Sorry about that!

    I don't know what the law is here in Montana because I carry guns. I think that it may be in my Montana Gun Law book but I would have to look it up.

    I was thinking of getting one specific bear spray that my groom/husband suggested over another one 'just to have on hand' in the woods too. I don't remember the name and he is working now. I would prefer and do take my 30-30 and he takes his guns and/or his 45-70 though for the bear protection!

    I never carried any 'spray' for self defense. When I could not carry a loaded gun in a car in certain states... I carried a knife or two, one military knife of my late husband's, a cutlery tool that my Father wanted me to have with me and/or a small tool chest with me. Seriously! I took my German Shepherd dog with me when I could too! She was a good girl and my self defense dog for many, many miles! She sat right up front in my bucket seat - rarely went to the back seat of the car and/or down on the front seat with my pick up truck. (Re: The small tool chest - we always had a small one for the house, one for the boat, one for a vehicle and, of course, bigger tool chests when building and LIVING in the former home... so that was NORMAL for us.)

    My late Father carried a spray with him back east - this was a zillion years ago and in Maryland. He carried a small knife too. That was in NY, MD, D.C. and even some overseas... the small knife. Many, many years ago! I do not remember much about the spray. My older brother, my older sister and I disposed of the old SPRAY away after he died. I do know that 'self defense sprays' have an EXPIRATION date on them. I have seen that clearly marked on some cans. Some places used to sell sprays that looked like black guns with canisters in them if memory serves me right.

    What about a spray bottle filled with dish detergent and water or glass cleaning fluid that you make up from scratch or buy from the store... is that considered NOT legal for self defense in anti gun - anti freedom - ANTI self defense states?

    Good thread and thank you.

    Catherine
    Last edited by Catherine; June 24th, 2009 at 06:49 PM. Reason: Added more and typos.
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    Thanks, Catherine.

    O.K., I found two websites with apparent citations to State law regarding purchase, possession, and/or use of OC/pepper sprays. As both of the sites have disclaimers as to the validity of the information provided therein, please feel free to help me cite-check the statutes referenced. As time permits, I will do so.

    From:

    http://www.besafeandsecure.com/index...per_Spray_Laws

    Pepper Spray Laws and Restrictions:
    FOR THE MOST CURRENT INFORMATION, please check with your State, County, Province and Federal authorities on possession of Defense (pepper) Sprays.
    ALABAMA: Legal. Section 13A-7-27 involves the criminal use of a noxious substance. There does not appear to be any specific statute involving self-defense sprays.
    ALASKA: Legal with restrictions. Section 11.81.900 (a)(18) defines “defensive weapon” as “… a device to dispense Mace or a similar chemical agent, that is not designed to cause death or serious physical injury”. Section 11.61.210 (a)(6) prohibits the sale of a defensive weapon to a person under 18 years of age. Such a defensive weapon cannot be possessed in a school without permission of certain school authorities, unless the person is 21 years of age or older.
    ARIZONA: Legal. Section 13-3101.7 excludes from the definition of “prohibited weapon” “…any propellant (or) propellant actuated devices… which are manufactured, imported or distributed for their intended purposes…”. There is nothing that appears to regulate or prohibit the lawful use of self-defense sprays of any kind.
    ARKANSAS: Legal with restrictions. Section 5-73-124 makes the possession of tear gas or pepper spray illegal. However, it is legal to possess “… a small container of tear gas or pepper spray to be used for self-defense purposes only, but the capacity of the cartridge or container shall not exceed one hundred fifty cubic centimeters (150cc)”. Although it hardly seems necessary, there is also a specific prohibition against using and spray against the law enforcement officer. There is nothing, therefore, that appears to prohibit the lawful use of self-defense sprays as the size limitation is much larger than Mace or other brands of defense sprays.
    CALIFORNIA: Legal with restrictions. Subject to certain restrictions, Section 12403.7 of the Penal Code provides “…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…”. The definition of tear gas also includes pepper spray. The restrictions include a prohibition against selling such a unit to a minor, and a provision limiting the size to 2.5 ounces by weight. The misuse of tear gas in California comes with state penalties of up to a $1000 fine and/or up to three years in prison, not to mention a possible felony conviction on record. Some examples of misuse include; using tear gas on people in anger, spraying it as a joke, possession of tear gas by prohibited persons; minors, drug addicts or persons convicted of felonies. To be legally purchased, possessed or used in California, any canister must have a label that says "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." The maximum legal net weight for a canister is 2.5 ounces, or 70 grams of OC, CS or CN. CR is not legal for civilian use.
    COLORADO: Legal.
    CONNECTICUT: Legal.
    DELAWARE: Legal with restrictions. Title 11, Section 222 (7) defines “disabling chemical spray” as including self-defense sprays. However, the only prohibitions concerning such sprays appear to be restricting their possession by minors, and increasing the penalty for criminal use of the sprays, i.e., use of a spray while committing another criminal offense.
    DISTRICT OF COLUMBIA: Legal with restrictions. Self-defense sprays are lawful if used or possessed by a person 18 or over “in the exercise of reasonable force in defense of the person or the person’s property only if it is propelled from an aerosol container, labeled with or accompanied by clearly written instructions as to its use, and dated to indicate its anticipated useful life.” Section 6-2322 et seq. When purchasing such a spray, the buyer must complete a standard registration form, and the vendor must forward the form to the Metropolitan Police Department. Section 6-2324.
    FLORIDA: Legal. “Self-defense chemical sprays” are legal. They are defined as “a device carried solely for purposes of lawful self-defense that is compact in size, designed to be carried on or about the person, and contains not more than two ounces of chemical”. Section 790.001. Although it may seem redundant, there is an express prohibition against using chemical sprays against a law enforcement officer. Section 790.054.
    GEORGIA: Legal.
    HAWAII: Legal with restrictions. Only OC products are legal for use by or sale to persons 18 and over. There is a ½ ounce size restriction and there are licensing requirements.
    IDAHO: Legal.
    ILLINOIS: Legal with restrictions. The use of a product “…containing a non-lethal noxious liquid gas or substance designed solely for personal defense carried by a person 18 years of age or older” is authorized by Section 720 ILCS 5/24-1.
    INDIANA: Legal.
    IOWA: Legal.
    KANSAS: Legal.
    KENTUCKY: Legal.
    LOUISIANA: Legal.
    MAINE: Legal. The criminal use of chemical mace or a similar substance is a violation of the law. 17 M.R.S. Section 1002. However, the use of such a substance in defending one’s person or property is authorized. Id.
    MARYLAND: Legal. Section 36 of the Criminal Code allows any person to carry “pepper mace” as “a reasonable precaution against apprehended danger”. There appears to be no provision regarding any other self-defense sprays.
    MASSACHUSETTS: Legal with restrictions. Massachusetts defines ammunition as including “tear gas cartridges, chemical mace, or any other device or instrument which contains or emits a liquid, gas, powder or other substance designed to incapacitate”. To sell or possess “ammunition”, a license is required. Therefore, the unlicensed sale, or the unlicensed use of self-defense sprays is illegal in Massachusetts. Massachusetts residents may only purchase defense sprays from licensed Firearms Dealers in that state. Massachusetts General Laws, Chapter 140, Section 121, et seq. The licensing authority is the local chief of police or other persons authorized by the locality.
    MICHIGAN: Legal with restrictions. Michigan law contains size restrictions (no more than 35 grams of CS [CS is the only tear gas accepted] or no more than 2% OC [different companies can sell different concentrations]), and no combinations of CS and OC. There is a prohibition on sales to minors. Section 750.224d.
    MINNESOTA: Legal. The use of a self-defense spray is permitted “…in the exercise of reasonable force and defense of the person or the person’s property only if it is propelled from an aerosol container, labeled with or accompanied by clearly written instructions as to its use, and dated to indicate its anticipated useful life.
    “Section 624.731 also contains other provisions relating to use and possession including giving municipalities the power, if they so elect, to license the retail sellers of self-defense sprays.
    MISSISSIPPI: Legal.
    MISSOURI: Legal. It is permissible to use or possess a device that ejects a “temporary incapacitating substance”. Section 571.010 (8).
    MONTANA: Legal.
    NEBRASKA: Legal.
    NEVADA: Legal with restrictions. Nevada law prohibits possession of tear gas weapons, except for CS by adult (no minors or felons) with no more than 2 fluid ounces in the form of an aerosol spray “which is designed and intended for use as an instrument of self-defense”.
    NEW HAMPSHIRE: Legal.
    NEW MEXICO: Legal.
    NEW JERSEY: Legal with restrictions. Any non-felon 18 or over may possess for the purpose of self-defense “one pocket-sized device which contains and releases not more than three-quarters of an ounce of chemical substance not ordinarily capable of lethal use or of inflicting serious bodily injury, but rather is intended to produce temporary physical discomfort or disability through being vaporized or otherwise dispensed in the air”. Section 2C:39-6i.
    NEW YORK: Legal with restrictions. The possession of “self-defense sprays” by persons who are not felons or who have been convicted of an assault, 18 or over for the protection of person or property and its otherwise lawful use is legal. “Self-defense spray” is defined as “a pocket sized spray device which contains and releases a chemical or organic substance which is intended to produce temporary physical discomfort or disability through being vaporized or otherwise dispensed in the air or any like device containing tear gas, pepper spray or similar disabling agent”. There are certain labeling requirements. Sales require both a seller’s license and the completion by a purchaser of a registration form. New York residents may only purchase defense sprays from licensed Firearms Dealers or licensed Pharmacists in that state. No more than two sprays may be sold at any one time to a single purchaser. Section 265.25 (14) and (15).
    NORTH CAROLINA: Legal with restrictions. Possession and use of self-defense sprays is lawful for non felons so long as the device does not exceed 150 cubic centimeters (150cc). Section 14-401.6.
    NORTH DAKOTA: Legal.
    OHIO: Legal.
    OKLAHOMA: Legal.
    OREGON: Legal.
    PENNSYLVANIA: Legal. “Chemical mace” is specifically excluded from the definition of weapons. There appears to be no regulation or restriction on the lawful use of self-defense sprays.
    RHODE ISLAND: Legal w/restrictions. “Any person eighteen (18) years of age or over may carry on his or her person and use, unless otherwise prohibited by law, any non-lethal noxious substance or liquid for his protection or the protection of others”. Section 11-47-57.
    SOUTH CAROLINA: Legal w/restrictions. It is lawful to possess a container not exceeding fifty cubic centimeters (50cc) containing tear gas “for self-defense purposes only”. Section 16-23-470.
    SOUTH DAKOTA: Legal.
    TENNESSEE: Legal.
    TEXAS: Legal. It is permissible to possess a “small chemical dispenser sold commercially for personal protection”. 10 Texas Penal Code Section 46.01 (14).
    UTAH: Legal.
    VERMONT: Legal.
    VIRGINIA: Legal.
    WASHINGTON STATE: Legal with restrictions. Section 9.91.160 explicitly authorizes the sale and use of “personal protection spray devices” such as “mace, pepper mace, or pepper gas”. There is an age restriction to persons age 18 and older, or 14 with a parent or guardian’s permission.
    WEST VIRGINIA: Legal.
    WISCONSIN: Legal with restrictions. Tear gas, UV Dye or combination sprays are not permissible. A “device or container that contains a combination of oleoresin of capsicum and inert ingredients” is permissible. By regulation, OC products with a maximum OC concentration of 10% and weight range of oleoresin of capsicum and inert ingredients of 15-60 grams is authorized. Further, the product can not be camouflaged, and must have a safety feature designed to prevent accidental discharge. In addition there are certain labeling requirements. Wisconsin Statutes Section 941.26 and Justice Regulations 14.01 et seq.
    WYOMING: Legal.

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    COMPARE to the Following ….

    From:

    http://www.pepperprotection.com/pepp...per-spray-laws

    The following states have restrictions/laws/regulations on pepper spray:

    Alaska
    Arkansas
    California
    District of Columbia
    Florida
    Hawaii , Honolulu
    Massachusetts
    Michigan
    Minnesota
    Nevada
    New Jersey
    New York
    North Carolina
    Wisconsin

    Alaska
    Sec. 11.61.200 Misconduct involving weapons in the third degree.
    (a) A person commits the crime of misconduct involving weapons in the third degree if the person
    (3) manufactures, possesses, transports, sells, or transfers a prohibited weapon;
    (h) As used in this section,
    (1) “prohibited weapon” means any
    (A) explosive, incendiary, or noxious gas
    If pepper spray is considered a noxious gas, then pepper spray is illegal


    Arkansas
    5-73-124. Tear gas – Pepper spray.
    (a)(2) It is lawful for a person to possess or carry, and use, a small container of tear gas or pepper spray to be used for self-defense purposes only, but the capacity of the cartridge or container shall not exceed one hundred fifty cubic centimeters.


    California
    Chapter 4. Tear Gas Weapons, Article 1. General Provisions
    12401. “Tear gas” as used in this chapter shall apply to and include all liquid, gaseous, or solid substances intended to product 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 intended to be used to produce discomfort or injury to human beings.
    12403.7.
    (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 purchased 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.
    12421. Each tear gas weapon sold, transported or possessed under the authority of this chapter shall bear the name of the manufacturer and a serial number applied by him.

    District of Columbia
    Division I. Government of District
    Title 7. Human Health Care and Safety
    Subtitle J. Public Safety
    Chapter 25. Firearms Control
    Unit A. Firearms Control Regulations
    Sub-chapter II. Firearms and Destructive Devices
    § 7-2502.13. Possession of self-defense sprays.
    (a) Notwithstanding the provisions of § 7-2501.01(7)(C), a person 18 years of age or older may possess and use a self-defense spray in the exercise of reasonable force in defense of the person or the person’s property only if it is propelled from an aerosol container, labeled with or accompanied by clearly written instructions as to its use, and dated to indicate its anticipated useful life.


    Florida
    790.001(3)(b) “tear gas gun” or “chemical weapon or device” means any weapon of such nature, except a device known as a “self-defense chemical spray.” “Self-defense chemical spray” means a device carried solely for purposes of lawful self-defense that is compact in size, designed to be carried on or about the person, and contains not more than two oucnes of chemical.


    Hawaii
    §134-1 Definitions. As used in this chapter, unless the context indicates otherwise:
    “Firearm” means any weapon, for which the operating force is an explosive, including but not limited to pistols, revolvers, rifles, shotguns, automatic firearms, noxious gas projectors, mortars, bombs, and cannon.

    §134-2 Permits to acquire.(a) No person shall acquire the ownership or a firearm, whether usable or unusable, serviceable or unserviceable, modern or antique, registered under prior law or by a prior owner or unregistered, either by purchase, gift, inheritance, bequest, or in any other manner, whether procured in the State or imported by mail , express, freight, or otherwise, until the person has first procured from the chief of police of the county of the person’s place of business nor residence, the person’s place of sojourn, a permit to acquire the ownership of a firearm as prescribed in this section. When title to any firearm is acquired by inheritance or bequest, the foregoing permit shall be obtained before taking possession of a firearm; provided that upon presentation of a copy of the death certificate of the owner making the bequest, any heir or legatee may transfer the inherited or be-quested firearm directly to a dealer licensed under section 134-31 or licensed by the United States Department of the Treasury without complying with the requirements of this section.

    Honolulu
    Sec. 41-37.1 Definitions.
    “Chemical device” means any aerosol container or other device that is capable of emitting chloroacetophenone (CN), orthochlorobenzalmalononitrile (CS), or oleo resin capsicum (OC), or any combination or derivative thereof, in a vapor or liquid form.
    “Pepper spray” means any aerosol container or other device designed to fit into a handbag or a pants pocket and has a trigger-guard, flip top or other mechanism to prevent the accidental release of the spray that: (1) is capable of emitting oleo-resin capsicum (OC), or any derivative thereof, in a vapor or liquid form; (2) contains only the chemical substance oleo-resin capsicum, or any derivative thereof, without containing chloroacetophenone (CN) or orthochlorobenzalmalononitrile (CS); and (3) contains a non-flammable propellant and/or carrier.


    Massachusetts
    Chapter 140. Licenses
    Sale of Firearms
    Chapter 140: Section 129B Firearm identification cards; conditions and restrictions
    Section 129B. A firearm identification card shall be issued and possessed subject to the following conditions and restrictions:
    6…A firearm identification card shall be valid for the purpose of purchasing and possessing chemical mace, pepper spray or similarly propelled liquid, gas or powder design to temporarily incapacitate.
    Pepper spray can only be sold by licensed firearms dealers within the State Only. (Except Animal Repellents)


    Michigan
    750.224d Self-defense spray device.
    (1) As used in t his section and section 224, “self-defense spray device” means a device to which all of the following apply:
    (a) The device is capable of carrying, and ejects, releases, or emits 1 of the following:
    (i) Not more than 35 grams of any combination of ortho chloro benzamalo-nitrile and inert ingredients.
    (ii) A solution containing not more than 2% oleoresin capsicum.

    Minnesota
    Chapter Title: Crimes, Other Provisions
    Section: 624.731
    624.731 Tear gas and tear gas compounds; electronic incapacitation devices.
    Subdivision 1. Definitions. For the purposes of this section:
    (a) “authorized tear gas compound” means a lachrymal or any substance composed of a mixture of a lachrymal including chloroacetophenone, alpha-chloroacetophenone; phenyl chloromethyl ketone, orthochlorobenzalmalononitrile or oleo-resin capsicum, commonly know as tear gas; and
    Subd. 2. Authorized possession; use.
    (a) A person may possess and use an authorized tear gas compound in the exercise of reasonable force in defense of the person or the person’s property only if it is propelled from an aerosol container, labeled with or accompanied by clearly written instructions as it its use and the dangers involved in its use, and dated to indicate its anticipated useful life.


    Nevada
    NRS 202.375 Applicability of NRS 202.370 to 202.440, inclusive, to small weapons containing “CS” tear gas to certain law enforcement, correctional and military personnel.
    The provisions of NRS 202.370 to 202.440, inclusive, do not apply to the sale or purchase by any adult, or the possession or use by any person, including a minor but not including a convicted person as defined in NRS 179C.010, of any form of:
    (a) Cartridge which contains not more than 2 fluid ounces in volume of “CS” tear gas that may be propelled by air or another gas, but not an explosive, in the form of an aerosol spray; or
    (b) Weapon designed for the use of such a cartridge which does not exceed that size, and which is designed and intended for use as in an instrument of self-defense.
    As used in this section, “CS” tear gas means a crystalline powder containing orthochlorobenzalmalononitrile.

    New Jersey
    2C:36-6. Exemptions
    i. Nothing in N.J.S.2C:36-5 shall be construed to prevent any person who is 18 years of age or older and who has not been convicted of a felony, from possession for the purpose of personal self-defense of one pocket-sized device which contains and releases not more than three-quarters of an ounce of chemical substance not ordinarily capable of lethal use or of inflicting serious bodily injury, but rather, is intended to produce temporary physical discomfort or disability through being vaporized or otherwise dispensed in the air. Any person in possession of any device in violation of this subsection shall be deemed and adjudged to be a disorderly person, and upon conviction thereof, shall be punished by a fine of not less than $100.00.
    2C:39-p. Manufacture, Transport, Disposition and Defacement of Weapons and Dangerous Instruments and Appliances
    d. Weapons. Any person who manufactures, causes to be manufactured, transports, ships, sells, or disposes of any weapons, including gravity knives, switchable knives, ballistic knives, daggers, dirks, stilettos, billies, blackjacks, metal knuckles, sand-clubs, slingshots, cesti or similar leather bands studded with metal filings, or in the case of firearms if he is not licensed or registered to do so as provided in chapter 58, is guilty of a crime of the fourth degree. Any person who manufactures, causes to be manufactured, transports, ships, sells or disposes of any weapon or other device which projects, releases or emits tear gas or other substances intended to produce temporary physical discomfort or permanent injury through being vaporized or otherwise dispensed in the air, which is intended to be used for any purpose other than for authorized military or law enforcement purposes by duly authorized military or law enforcement personnel or the device is for the purpose of personal self-defense, is pocket-sized and contains not more than three-quarters of an ounce of chemical substance not ordinarily capable of lethal use or of inflicting serious bodily injury, or other than to be used by any person permitted to possess such weapon or device under the provisions of subsection d. of N.J.S.2C:39-5, which is intended for use by financial and other business institutions as part of an integrated security system, placed at fixed locations, for the protection of money and property, by the duly authorized personnel of those institutions, is guilty of a crime of the fourth degree.

    New York
    The regulations shall include a requirement that every self-defense spray device which may be lawfully purchased, possessed or used pursuant to this paragraph have a label which states: “WARNING: the use of t his substance or device for any purpose other than self-defense is a criminal offense under the law. The contents are dangers – use with care.” This device shall not be sold by anyone other than a licensed authorized dealer.
    Every self-defense spray device shall be accompanied by an insert or inserts which include directions for use, first aid information, safety and storage information and which shall also contain a toll free telephone number for the purpose of allowing any purchaser to call and receive additional information regarding the number for the purpose of allowing any purchaser to call and receive additional information regarding the availability of local courses in self-defense training and safety in the use of a self-defense spray device.
    The NY Department of Health has promulgated regulations which define what self-defense sprays may be legally possessed. These regulations authorize:
    • Sprays containing oleo-resin capsicum, and no other substance, as the active ingredient (pepper sprays)
    • Self-defense sprays are further limited by the Department of Health to a maximum net weight of three quarters ounce, and a maximum strength of 0.7% by weight of total capsaicinoids
    • The canister must not be disguised in a manner so as appear to be something other than a self-defense spray
    Pepper spray can only be sold by licensed firearms dealers and licensed pharmacists within the State Only. (Except Animal Repellents)

    North Carolina
    § 14-401.6. Unlawful to possess, etc., tear gas except for certain purposes.
    (a) It is unlawful for any person, firm, corporation, or association to possess, use, store, sell, or transport within the State of North Carolina, any form of that type of gas generally known as “tear gas,” or any container or device for holding or releasing that gas; except this section does not apply to the possession, use, storage, sale or transportation of that gas or any container or device for holding or releasing that gas:
    (7) For use in the home for protection and elsewhere by individuals, who have not been convicted of a felony, for self-defense purposes only, as long as the capacity of any:
    a. Tear gas device or container does not exceed 150 cubic centimeters
    b. Tear gas cartridge or shell does not exceed 50 cubic centimeters, and
    c. Tear gas device or container does not have the capability of discharging any cartridge, shell, or container larger than 50 cubic centimeters.
    (b) Violation of this section is a Class 2 misdemeanor.
    (c) Tear gas for the purpose of this section shall mean any solid, liquid or gaseous substance or combinations thereof which will, upon dispersion in the atmosphere, cause tears in the eyes, burning of the skin, coughing, difficulty in breathing or any one or more of these reactions and which will not cause permanent damage to the human body, and the substance and container or device is designed, manufactured, and intended to be used as tear gas.

    Wisconsin
    OC and pepper spray products sold in Wisconsin must comply with rules established by the Wisconsin Department of Justice. It is illegal to possess OC products sold in states other than Wisconsin.
    OC and pepper spray products sold in Wisconsin must:
    • Have an OC concentration of 10 percent or less
    • Have a total weight of not less than 15 grams (approximately a half ounce) nor more than 60 grams (which is approximately two ounces).
    • Have a minimum effective range of six feet and a maximum effective range of 20 feet;
    • Look like a conventional aerosol canister and not be made to appear like another product (an OC spray made to look like a pen for example);
    • Have a label which includes the amount of OC, its range, expiration date, ingredients, first aid information and a reminder that the product can’t be used by people under 18.
    • Have a tamper-proof package and a mechanism to prevent an inadvertent discharge; and consumers can use to contact the manufacturer for further information


    NOTE: Pepper Spray is legal in all 50 states, however a number of cities and states have restrictions on sizes, strengths, etc.. If you have a question, it is wise to check with you local city or state attorneys office. Defense sprays should only be purchased by those 18 years of age or older. The above list may not be totally accurate or complete and Pepper Protection accepts no responsibility for its accuracy or completeness.
    It is Ultimately the buyers responsibility, not the seller, to ascertain and obey all applicable Local, State, and Federal laws regarding the possession and use of any item offered by Pepper Protection. If you are unsure, please contact your local and or state authorities. By placing an Order the buyer represents that all products purchased will be used in a lawful manner and that they are of legal age of 18 years or older.

  7. #7
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    "...not sure if the BEAR spray is a people spray too..." Yep. It's just pepper spray. Won't help if Yogi is PO'd. Mind you, if he's close enough to spray, he's too close. Especially if he's PO'd.
    A small can of hair spray(lacquer isn't good for the eyes) will do without all the evilness associated with pepper spray. Doesn't go out in a stream though. Lemon juice out of a water gun will though. Not a lot of range with either.
    Bug spray is poison. Using poison is highly frowned upon. It'll get you arrested.

  8. #8
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    In MA, there are 4 levels of "firearms" license. The "FID, restricted" (Class D) license is pepper-spray only (no firearms) and, as I understand it, is rarely denied (unless the applicant is a "disqualified" person regarding firearms purchase). Annoying, though, in that you have to do the fingerprint/photo/re-apply every 6 years (no fee for renewals).
    So in MA, you need a firearms permit to buy OC (and can be denied)? And you live there because...?
    Igonrance is temporary, but stupidity is forever.

  9. #9
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    Oh, I don't know--maybe I just like the taxes.

    And I avoid living near folks who make such mean-spirited comments as yours.

  10. #10
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    And I avoid living near folks who make such mean-spirited comments as yours.
    Which part is mean spirited? Just asking a question.
    Last edited by SCKimberFan; June 28th, 2009 at 05:52 PM.
    Igonrance is temporary, but stupidity is forever.

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    This thread has value to other members. Please be sure to keep it that way.
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  12. #12
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    So in MA, you need a firearms permit to buy OC (and can be denied)? And you live there because...?
    World class fishing?

  13. #13
    Heck, good ole Ohio has higher taxes than ole Taxachusetts
    “The highest obligation and privilege of citizenship is that of bearing arms”. General George Patton—US Army

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  14. #14
    When I moved from Arizona to Californa I had two different containers of OC spray. One was over the limit and one not. I'm not sure if anyone in CA cares though as soon smoking pot will be legal and everyone will be too mellow to fight.

  15. #15
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    Where I'm living (Sweden), pepper spray and tear gas are restricted in the same way as firearms, meaning that you need a license to possess it (the difference being that as far as I've understood, a license to possess pepper spray/tear gas is also a license to carry it, unlike with firearms). This license is however almost impossible to get, I've NEVER heard of anyone getting a license for it. There are some legal, non-restricted options though. I don't know how effective they are, but they can be owned and carried by anyone without restrictions, so I'm seriously wondering just how good they are...
    Live Free & Die Free.

  16. #16
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    Carry a can of wasp and hornet spray. It'll go 20 feet and put somebody into respiratory distress almost instantly... or carry a "modeler's" can of spray paint. No permits required, and you can always explain... I was taking this home and was attacked... this was the only thing I could think of...

    WT
    "What man is a man that does not make the world a better place?"... from "Kingdom of Heaven"
    True patriots feel that there is no problem in our Republic that cannot be solved by election, windage and elevation, or superior firepower.

  17. #17
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    Use of chemical agents: OC sprays, training...

    I'm not a big fan of most types of chemical or OC sprays. I had some 360/X2 type about 4 years ago that I had on a hotel security detail. The wind would blow the pepper spray everywhere but where I needed it. The thicker fog or gel type delivery systems would seem to work better. I took a formal class to document my training with Mace-chemical agent. I suggest anyone who carrys OC spray or a chemical agent to do it too. To spray OC in a toliet or trash can does not mean you are a "expert". I do not think a subject sprayed with OC-chemical agent won't be that easy to deal with or that any bystanders or witnesses wouldn't be fair/honest in a real world event but to document your training would support your actions.

    Rusty S
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  18. #18
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    My son is a security manager in Texas, and some of the collections managers with his company have discussed arming their collectors with mace or pepper spray. Apparently, in Texas, even law enforcement personnel have to go to class and be trained in use of chemical spray restraining agents to be allowed to carry it... so the idea is not as simple as handing the collectors a can of mace. It will cost them thousands to train, arm, and then pay for the lawsuits that will most surely come from cases of "abuse" where some creep tries to rob their collectors and gets a face full of mace.

    Currently, they simply tell the collectors to give them the money, and see how far the perps can run with $2000 in quarters in a bag before the cops pick them up. It's usually within a couple of blocks... hardly worth the extra expense.

    WT
    "What man is a man that does not make the world a better place?"... from "Kingdom of Heaven"
    True patriots feel that there is no problem in our Republic that cannot be solved by election, windage and elevation, or superior firepower.

  19. #19
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    My son is a security manager in Texas, and some of the collections managers with his company have discussed arming their collectors with mace or pepper spray. Apparently, in Texas, even law enforcement personnel have to go to class and be trained in use of chemical spray restraining agents to be allowed to carry it... so the idea is not as simple as handing the collectors a can of mace.
    Actually, the issue is with security officers in particular: a noncommissioned security officer can receive a special authorization for a club and, IIRC, OC, but it rarely happens. If the client is willing to pay for the extra training and certification costs, they generally just use commissioned officers with guns.

    It's funny though, that security officers are prohibited from carrying any concealed weapons while on duty. (Commissioned officers must have all weapons, including OC, in plain view while on duty. There's an exception for personal protection officers, but AFAIK, that's the only exception.)
    Being right too soon is socially unacceptable. - Robert A. Heinlein

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  20. #20
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    "formal" OC-Mace chemical agent training...

    As I posted before, to get formal, documented training from a licensed or respected instructor is a very good plan. The legal or civil issue may not come up after a use of force incident but it is good to have in your records. My instructor(a SE Asia combat vet and retired LEO) taught us that you should be ready and able to render first aid to a subject(s) that you spray. I understand his point in theory but in a real event, my main concern would be to detain the subject or contact law enforcement ASAP. Someone you need to spray is not going to be real happy or fully compliant with you after you do it. I would not expect all witnesses or bystanders to support the spraying actions either. I've work armed/unarmed security in a few rough places. I saw people lie and/or distort events before. In some cases, the LEOs did not find any truth in the bystanders remarks or they could see the witnesses were not honest.
    The chemical agent class I took also had a "certification" that was valid for only 1 year. This to me seemed like a scam. A public safety agency may have that kind of $ for training but I do not.

    RS
    TUBBS: What makes us better than them?
    CROCKETT: We're better shots.
    NBC's Miami Vice

  21. #21
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    BTW, some old perfume , filled with a tabasco-water mix should work nicely too. I don't think there are people who can stand that sort of stuff in the eyes...

    Fortunately, around here, if you're really paranoid, you can walk around with dozens of cans pepper spray on your belt, toting a battle-axe, clad in plate-mail and wearing dragonskin below that. Should be impervious to most commonly available weaponry.

    People would look at you funny, though. (not speaking from experience)

  22. #22
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    Easy Off oven cleaner works well.

  23. #23
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    Cops have to worry about things like the hydraulic needle effect and positional asphyxiation - as a private party I don't think it's unreasonable to spray and pray, so long as your prayer time is done at a full run in the appropriate safe direction.

    I think the idea of rendering aid for someone you just sprayed with OC is suicidal. If you have never been hit with the stuff let me give you a brief overview of what happens;

    You get sprayed, your eyes close it becomes hard to breathe, when you try and open your eyes they sting, when you close them again they sting hurt and they water. It's impossible to see and your nose starts to run, like a lot. I mean like a whole lot. You don't care at the time.

    At this point your body is dumping adrenaline into your blood but you can't decide between fight or flight because you can't see and your getting really angry. The flight option doesn't seem too appealing to the blind.

    So...the fight is on.

    In my opinion, a can of OC spray is a good tool in your self defense package. You may find yourself in a position where you can't or don't have a gun, or maybe it's too heavy to take jogging. You may even find yourself fighting someone who doesn't need to get shot but you can't turn your back on...

    They tell you when you receive "training" on this stuff not to get "cop in a can" syndrome; don't just hose someone down and expect them to surrender because they more than likely won't. From my personal experience, and I've been contaminated a few times now, if you use the stuff be prepared to get away fast. Every-time I get hit I want to fight someone.

  24. #24
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    Easy Off oven cleaner works well.
    This represents use of lethal force: a particularly cruel, painful, and disfiguring lethal force.

    To plan to use it (if a nonlethal or more reasonable lethal weapon is at all available) represents malice aforethought, IMHO. IANAL.

    If you've sprayed someone with OC, we can reasonably presume they will recover fully, even without aid (although sometimes people do die), and that the person just assaulted you (otherwise, why did you spray them?). The next step is not giving first aid, but retreating, calling 911, and meeting the responding officers.

  25. #25
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    Yup legal.

    Actually state police recommends that people who think they're at risk of becoming victims carry some. Or that they carry those guns that fire OC. (cheap, legal, no permits, look* like real guns)

    *to anyone but a sharp-eyed gun nut

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