Federal Laws on pepper spray? Transporting through non-friendly self-defense states?


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GuyWithQuestions
February 4, 2008, 03:13 AM
I was wondering what federal laws they have on pepper spray? I know you can't bring it into the secured area of airlines. Are there any other laws? If it's a federal building that's not secured and no metal detectors, would that be off limits? For example, if you go to the post office is it okay to have it on you when you go inside? If you walk into an IRS building to ask a question about taxes, would that be okay? I would assume that it would be legal in National Parks, because there's grizzly bear pepper spray and people go on hikes in Yellowstone, or is there something I'm not aware of?

My second question is: are there any issues when transporting pepper spray from one pepper spray friendly state to another one, but having a state in the middle that's not, even if you lock it up in a trunk? For example, I live in Utah. Let's say I was driving to California which allows up to 2.5 oz of pepper spray. On handgunlaw.us, it said that Nevada only allows up to 2.0 oz. So if I were transporting 2.5 oz to go with me on a vacation to California and had it locked up in the trunk when going through Nevada, what are the chances of me getting in trouble if law enforcement were to find that it was locked up in my trunk? Or if someone is traveling through a place like D.C. where pepper spray has to be registered and so they just lock it up in their trunk when passing through the city or while staying there for a day or two on a multi-state vacation? Let's say a police officer for some reason gets legal permission to look in your trunk and he says, "This isn't registered!" You, "I was traveling from one state that it's legal to another and had it locked up and inaccessible in the trunk. Since this is an interstate issue it would be a federal issue not a state issue." Would the police officer buy it, or say "okay we'll send the feds after you" but then soon find out there's nothing illegal on the federal level, or would you just get arrested and the officer wouldn't care?

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Feud
February 4, 2008, 03:24 AM
"I was traveling from one state that it's legal to another and had it locked up and inaccessible in the trunk. Since this is an interstate issue it would be a federal issue not a state issue." Would the police officer buy it, or say "okay we'll send the feds after you" but then soon find out there's nothing illegal on the federal level, or would you just get arrested and the officer wouldn't care?
While I suppose it depends on the cops, it does fall into the jurisdiction of the State as well as the Feds. For example, interstate commerce is a Federal issue yet certain states regulate what kinds of fruit are brought into them. Even though the fruit is traveling interstate, once it enters a State it becomes subject to that State's laws.

Another good example of this would be the D.C. snipers. They crossed state lines in their crime spree, and as a result broke both State and Federal laws. It then becomes an issue of what governing body has original jurisdiction. They can thus be tried for basically the same criminal act, but in different courts of jurisdiction which cover the different laws broken.

Whether or not the cop buys it, or even cares, is entirely reliant on the cop that you come across.

Just remember, I'm not a lawyer, nor do I play one on TV.

GuyWithQuestions
February 4, 2008, 03:31 PM
What about carrying pepper spray into places like post offices, IRS buildings, and other buildings that aren't secured or with metal detector? Pepper spray isn't really considered a dangerous weapon, but I was just wondering if there's any federal laws other than the secured areas on airlines?

Trebor
February 4, 2008, 11:10 PM
There is no Federal "pepper spray owners protection act." If you are caught with Pepper Spray in a state or city where it is illegal, it's not going to matter if you say, "But, I was just passing through."

GuyWithQuestions
February 6, 2008, 01:10 AM
Aside from carrying pepper spray interstate, what about states/cities it's legal in? Are there any federal regulations besides you can't carry in the secured area of an airport? Has anyone heard of any? I'm just curious if it's legal in places like post office, IRS buildings, etc. In places where you can't carry a firearm, it may be better to have something than nothing.

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