Legal risk of greater than 2.5oz of Pepper Spray...?

[Paladin]

It's correct.

To be CA legal the "tear gas" container/weapon needs to contain 2.5oz or less [PC 22810(e)(1)], have a CA mandated warning label [PC 22810(e)(2)] and a expiration date [PC 22810(e)(3)].

Violation is a misdemeanor. [PC 22900]

But the PC does NOT limit you to carrying only one container....

Personally, I like this model because it has a built in pocket clip so it is easy to grab and clip on to your pant's pocket/waistband.

http://www.mace.com/mace-pepper-spray-gel/mace-brand-families/peppergard/mace-10-peppergard-police.html

I found that putting on a black velcro belt holster to carry a 2.5 oz FOX can stood out too much making me look like Batman w/his utility belt or a wannabe Mall Ninja -- even worse than a wannbe cop....

[Quiet]

But the PC does NOT limit you to carrying only one container....

Correct.

[Danz la Nuit]

Correct.

lol

[cire raeb]

Bear spray is legal!

[Epaphroditus]

Amazon won't ship the 2.5 oz Sabre spray ...

[Quiet]

Bear spray is legal!

Legal to use against animals.

Legal use against humans is determined by LEOs/DA's Office.
Since it is classified as an environmental poison designed for use against animals, using it against people is considered deadly force.

[Zedrek]

You know, if I am in a situation where I felt that I needed to use force on someone I don't really care what I utilize to carry out that force. I bought the Kimber Pepperblaster II here in California.

[mud99]

Legal to use against animals.

Legal use against humans is determined by LEOs/DA's Office.
Since it is classified as an environmental poison designed for use against animals, using it against people is considered deadly force.

I wouldn't use/recommend using normal pepper spray against someone unless deadly force was justified, therefore the "deadly force" aspect of bear spray doesn't really change much.

Pepper spraying someone with 2.5oz will land you in a whole lot of trouble if it is not justified.

[Quiet]

I wouldn't use/recommend using normal pepper spray against someone unless deadly force was justified, therefore the "deadly force" aspect of bear spray doesn't really change much.

Pepper spraying someone with 2.5oz will land you in a whole lot of trouble if it is not justified.

Normal pepper spray can be used in self-defense for misdemeanor assault/battery (non-deadly force).

Whereas, "wasp/bear spray" used in self-defense would require the same standard as using a knife or firearm in self-defense.

[EOD Guy]

Bear Spray is just a fire extinguisher full of pepper spray.

So kimber pepper blaster is a no go due to a pyrotechnic charge?

Yep. I've been telling people that for years but they seem to think that just because you can buy it at the store it's legal. You can buy Tannerite too but I wouldn't advise it while in CA.

I think the Kimber resides in a grey area. I believe that the pyrotechnic charge pressurizes a piston which forces the pepper spray out as an aerosol. I still wouldn't carry it without a legal opinion from the DOJ or a court of law.

[sharxbyte]

And technically, since it (& "bear spray") is classified as an environmental poison and not a "tear gas", using it against a person is the same as using deadly force.

I was in fear for my life.

Legal to use against animals.

Legal use against humans is determined by LEOs/DA's Office.
Since it is classified as an environmental poison designed for use against animals, using it against people is considered deadly force.

I was in fear for my life.

Normal pepper spray can be used in self-defense for misdemeanor assault/battery (non-deadly force).

Whereas, "wasp/bear spray" used in self-defense would require the same standard as using a knife or firearm in self-defense.

I was in fear for my life. You don't know when the perp will get tired of chasing you/kicking your guts out and pull a knife to finish the job.


Not that I carry my mace (which is actually legal sized) all the time, like I carry my pistol, but I usually have both, as well as a knife and a really bright light with strobe.

[Dr.Lou]

The statute says that the container can't contain more than 2.5 ounces. What if it's a 3 oz container than contains only 2 oz? Who determines how much is inside the container?

[Manolito]

I passed a test and carried the OCS spray for a while years ago. Not very effective in my opinion but couldn't get a CCW permit in the Bay area.

I now have a CCW permit and don't carry a spray if it gets to the point I can't run and I feel threatened enough to use spray I am using what I have available.

If my decision is faulty and you in the business think it is good to carry a spray and a gun please advise your thoughts I always want to learn.

Respectfully,
Bill