I don't care if they use a can of silly string on their attacker.
The case of Carol Bond. It seems that Carol, who was employed by a commercial chemical factory, had a husband, who impregnated his concubine. Carol, understandably, became upset and tried to poison her rival with chemicals stolen from her employer.
Normally, one would think this would be a ADW felony, and prosecuted in state level court.
For some reason the Feds jumped in and prosecuted Carol at the federal level.
Carol was convicted for violation of the Chemical Weapons Convention of 1993
http://en.wikipedia.org/wiki/Chemical_Weapons_Convention
It seems the state charge would of put Carol away for three years, while the federal charge put Carol away for at least six.
http://www.cbsnews.com/8301-504083_162-20019400-504083.html
The case is now up before the Supreme Court of the United States.
Bond v. United States, No. 09-1227
IMHO, bug spray is not a chemical weapon as cited by the Chemical weapons convention.
It is true, that anyone can be prosecuted, and or civilly sued for all most anything. One can sue anyone at any time for anything. Getting it before the court, and winning, is a different matter.
Disparity of Force is defined as a situation that any reasonable person would conclude places you at an overwhelming disadvantage in your effort to protect yourself against immediate and serious bodily injury to yourself or another person even without a weapon being present because of them being physically stronger.
or
where a victum is unable to provide the same amount of force as the attacker due to physical capability, i.e. size, handicap, or outnumbered.
or
When a bare-handed assault is so one-sided it is likely to cause death or great bodily harm, the greater power of the attacker becomes the equivalent of a deadly weapon. that warrants the victim's recourse to a per se lethal weapon in self-defense.
or
Force of greater numbers is one example of disparity of force. Others include male attacking female, able-bodied attacking the disabled, adult attacking child, an attack by a person known to the shooter to be highly skilled in destructive unarmed combat, and other such "unfair" match ups.
Let me make this clear;
If I carry a can of bug spray while on a walk, and am attacked, and use it justifiably against my attacker, IMHO, I could be in some trouble. I should of been packing pepper spray, or another weapon designed for self defense. Bug spray is not intended for use against anything except bugs.
I can't help but scratch my head here. If I hit my attacker with my walking stick, am I in the wrong because it is a walking stick, not an approved baton?
This is far different then a senior in their home, being surprised by an attack, and grabbing what ever is handy.
Another point to consider. If during a argument, I urinate on someone's shoes. Is this to be considered an attack with a biological weapon? Or, a case of assault?
The NBC warfare classes and drills I had in the military didn't cover bug spray, nor urine.
In WWI chemical weapons were used by both sides. The results were so horrific, they were banned as weapons of warfare. Didn't the USA go to war in search of Dubya's claim WMD's were hidden by the dictators regime?