CA: OC Carry Laws?
Skunkabilly
May 23, 2003, 02:30 PM
I tried running a search on size and type restrictions on Tactical Tabasco in California, and found nothing.
Anything goes?
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Pilgrim
May 23, 2003, 05:01 PM
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.
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.
Jim March
May 23, 2003, 05:23 PM
Some good news: the rules on "what can be sold" aren't being enforced, and once you own something like an 8oz can :evil: they can't pop you for carrying it.
Skunkabilly
August 27, 2003, 03:12 PM
What the heck is 'tear gas', OC?
So basically anything goes? For some reason I thought there was a limitation on size.
Jim March
August 27, 2003, 08:45 PM
Well ya, there's a size limit, but nobody is paying serious attention.
See, once ANY pepper spray was legalized, California cops stopped viewing it as a "symbol of the job". It's just a tool anybody can score, like a car. Or to some degree, like a gun.
But let a Calif cop catch any ordinary peon with a *baton*, and there'll be hell to pay, quite possibly an outright attack by the cops. Because the baton is a "symbol of police authority". It's a psychological thing, but a VERY important one.
There's no such "mystique" about pepper spray, mace, tear gas or whatever. So if you've got a 4oz can (limit is 2.5oz, technically), they won't even pay attention. At 8oz, they *might*, if you look like a "critter", at 16oz plus well hmmm...maybe :D.
Sidenote: mace and tear gas are older alternatives to OC. The reason we've switched to OC is that the effects are a lot faster with OC. But given enough exposure time, tear gas is if anything more debilitating.
That's why it's still used for riot control.
gunsmith
August 28, 2003, 06:52 AM
I took a GIANT can of grizzly bear pepper spray into the federal
building at 450 goldengate ave SF,CA.
They security guard from some third world dictatorship had
a baby over it and told me he was gonna confiscate it and "I was lucky
I wasn't getting locked up"
I told him he was gonna give the can back after I was done running my errands.
He then said "why do you need this for?"
I answered "why do you need to stick a Federal Building
in a stinky crack infested junkie ridden neighborhood?"
and I went on my way.
When I got back the Fed police were at the gate holding my pepper spray
and said "you know you cant use bear spray on people,don't you?"
I said "I am a process server and folks I serve have pitbulls & I need it"
The nice Fed handed me my 32oz can of pepper spray and said...
Have a nice day!
The security guard had twins
:neener: :cool:
Kharn
August 28, 2003, 08:07 AM
Gunsmith:
my 32oz can of pepper spray
:what: Is that the total weigh of the package, or the weight of the OC inside?
Kharn
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