Can a 15-yo carry spray in Florida?

[eric.cartman]

Hi!
My 15-yo brother will be visiting me here in Sunny South Florida in few days.
He's coming from NJ, and he loves guns... so clearly there is a lot of excitement
Now, I'll be working Friday, and he'll be at the beach fishing.
I have a can of Fox OC Spray I would like to give him, but I don't know if it's legal.

So, please point me to law, or lack there of, regarding kids and pepper spray.

Thanks!

 

[divemedic]

790.17 (1) A person who sells, hires, barters, lends, transfers, or gives any minor under 18 years of age any dirk, electric weapon or device, or other weapon, other than an ordinary pocketknife, without permission of the minor's parent or guardian, or sells, hires, barters, lends, transfers, or gives to any person of unsound mind an electric weapon or device or any dangerous weapon, other than an ordinary pocketknife, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

That is all I could find.

 

[dmxx9900]

Hire a policeman to watch over him
Joking aside bring him a folder knife that is razor sharp thats all you can give him for his situation.If it were up to me and there were no infringing laws I would hand him a S&W snub nose .38 special problem would be solved.When I was under 18 I carried a plain old folder knife now that I am 18 I can have a pistol in the car thats about it and be able to carry regular blades and basic non lethal defense tools.But I still carry a folder because its better than fists and a useful tool.

 

[moooose102]

i just read on another post here that oven cleaner can be bad medicine for b.g.'s. give him $10.00 and let him pick out what he wants. but my first question, is why do you think he will need a personal defense tool when he is just fishing?

 

[OMGWTFBBQ]

is why do you think he will need a personal defense tool when he is just fishing?

Need? What does need have to do with it?

It appears that so long as your parents will say that they OKed it should an officer make an issue out of it, he should be fine.

 

[kingpin008]

why do you think he will need a personal defense tool when he is just fishing?

Because violent crime can happen anywhere? Because to some folks, a 15 year old kid out alone looks like a decent target? Because sometimes, even on the beach, animals can get loose and attack people?

Why should be be caught unprepared?

 

[Prince Yamato]

Most places in the US (I'd even venture to say ALL), don't mind teens carrying pepper-spray, provided that they aren't horsing around with it. If you use it in defense, that's one thing. If you spray someone as a joke, that's actually a felony in most places. If you ever get stopped with it, you simply say, "I frequently walk around alone and my mom wanted me to be safe." What the hell court on God's earth is going to charge you with carrying pepper spray?

 

[XDKingslayer]

but my first question, is why do you think he will need a personal defense tool when he is just fishing?

I don't know the particular reason he'd want a weapon fishing, but I can tell you the reason I carry when I fish.

1. Some of the best fishing in this area is done at night under bridges. Snook love to hide under bridges and ambush prey in the shadow lines cast by the bridge lights. Under bridges is also popular with the local homeless and some bridges hold dozens of people.

2. Poachers. There is a lot of fish poaching down here both inshore and offshore. Most don't like to be bothered and most can be violent and will try to forcibly remove you from their area. The offshore ones are worse because it's usually only you and them out there with no witnesses around.

3. Property owners who think they own the area your fishing from or worse, own the fish, can also be a threat. We've had to call FWC on one home owner that was actually throwing rocks at our boat because we were fishing the public canal behind his house. He found out the hard way that it's actually illegal to specifically harrass a fisherman fishing legally and that the fine is quite stiff.

 

[camacho]

According to Gutmacher's book:

"number of weapons can be possessed by a child under 16 without supervision--if they have the permission to have the weapon in the first place. Those include everything but firearms, air guns, and electric weapons. Thus knives, hatchets, machetes, bows, etc--are otherwise legal if not concealed, are obtained with permission of the parent, and are not possessed by the child at a school, school grounds, school bus, school bus stops, or otherwise in violation of any of the laws pertaining to schools, school sponsored events, school bus stops, and school buses."

Gutmacher does not mention sprays (I would imagine if this applies to knives it would apply to sprays too) and I find the concealed thing a bit tricky. Do you have to carry your spray on your belt?

Also, I wonder if sprays are classified as weapons in Florida Statutes.

 

[camacho]

Also, below is all the statutes where there is a reference to "self-defense chemical spray" which is the legal definition for the spray.



http://www.leg.state.fl.us/statutes...tes&Search_String=self-defense+chemical+spray

 

[lacoochee]

Call your local PD and ask them their opinion since they are the ones who would most likely come into contact with your nephew. They will likely tell you no problem and give you advice if you ask on what type and how much he should carry.

I guarantee you none of their teen-age daughters leave home without it.

 

[kingpin008]

Rather than the local PD, I would go ahead and call the AG of your state. That way, you get an actual, legal answer rather than what the local PD "thinks" is the law. No offense to any police officers here, but there have been times when an officer's impression of what the law is, and what the law actually is has been wildly dissimilar, ending up with troubles for everyone.

And if you write the AG and get clarification, you can give your brother a copy of the reply to kep on him when he's carrying the OC, in case he is stopped by an officer who is unclear of the law. Saves your brother hassle, and the officer can have the actual law right in front of him so he's clear as well.

 

[wdlsguy]

Most places in the US (I'd even venture to say ALL), don't mind teens carrying pepper-spray

It is illegal for anyone under 18 to possess pepper spray in Wisconsin.

Wisconsin Statutes 941.26(4)(k)

 

[coloradokevin]

Rather than the local PD, I would go ahead and call the AG of your state. That way, you get an actual, legal answer rather than what the local PD "thinks" is the law. No offense to any police officers here, but there have been times when an officer's impression of what the law is, and what the law actually is has been wildly dissimilar, ending up with troubles for everyone.

And if you write the AG and get clarification, you can give your brother a copy of the reply to kep on him when he's carrying the OC, in case he is stopped by an officer who is unclear of the law. Saves your brother hassle, and the officer can have the actual law right in front of him so he's clear as well.

umm... just a thought here.

Attorneys don't decide what the law is either. They present cases to courts, and courts decide how to interpret the law. Police arrest criminals, attorneys formalize charges, and the courts decide the cases based on the letter of the law, and rulings from prior cases.

Personally, I say find the statutes, read them yourself. Otherwise, if you are comfortable with someone else's interpretation... feel free to ask an officer, a DA, a defense attorney, etc.

Don't think for a moment that the DAs are all in agreement any more than the opinions of officers are.... I've seen our DAs argue points back and forth for hours while waiting to testify at court (I usually wait in the DA's office at our courthouse).