Is Fox Labs pepper spray legal in CA?

[TCW]

Hi All,

When doing research on the CA pepper spray laws on the internet I found several sites that say the following:

...To be legally purchased, possessed or used in California, any canister must have a label that says "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."...

The Fox Labs canisters say: "The use of this product for any other pupose other than self-defense is a criminal offense." On another location on the can it indicates that it's a severe irritant that effects the eyes, skin and repratory areas.

Now, Fox Labs doesn't have the EXACT warning that numerous websites quote (see above), but it does have the same basic information. My question is does pepper spray in CA have to have that warning word-for-word to be legal?

I know this is nit-picky, but in this state it pays to be extra careful. The powers-that-be love to turn innocent people into criminals for whatever reason they can find.

Thanks,
TCW

 

[Pilgrim]

If you want to be absolutely certain, I suggest you contact the CA Attorney General's office and get a written opinion.

Pilgrim

 

[JJE]

Yes, the cannister has to have the exact same wording specified in the law to be legal. And no, Fox Labs (at least the last time I stocked up) did not have the required language. You don't need the AG's opinion. The law says what the language is ... and that's the language that the cannisters need to have. If you want to obey the letter of the law, you can add a sticker to the cannister with the required language. Don't believe me or anybody else on the internet ... look up the correct language in the CA Penal Code (seach for Find California Code), then select the Penal Code and search for "spray" or a related term.

My experience is that the "powers-that-be" couldn't care less about this requirement. A couple of years ago I sprayed a strong-arm robber that was trying to rob the cash register at a restaurant where I was eating lunch. I told the responding officers that I'd sprayed the bad guy and they didn't even ask to see the cannister. What with all the local unsolved murders and whatnot, I can't see the local DAs prosecuting an unlabelled can of pepper spray.

 

[1lostinspace]

it is I bought some there other day the stuff is amazing.
last year on a trip to vegas my friend sprayed a little and cleared the room and whole side of the floor at New York New York hotel. Stupid idiot but yeah the stuff works and is legal.

 

[gunsmith]

I was caught with this

in CA

I was told "you can't use this on people" (completes BS! I used it on people and it works just fine)

anyway the cops didn't take it & told me to have a nice day.

 

[kcmarine]

If it isn't it will be soon.

 

[MrTuffPaws]

No idea if it is legal, but pepper spray in general is, and I have had FoxLabs ship to CA before.

 

[Zoogster]

I was caught with this

in CA

I was told "you can't use this on people" (completes BS! I used it on people and it works just fine)

anyway the cops didn't take it & told me to have a nice day.

You cannot legaly use that on people, it is rated for animals and therefore not legislated or approved for people. Self defense sprays on animals are not limited by the law. Sprays for use on people are.

In fact in CA there is a law now that says it must be less than 2.5 oz of spray. That is basicly keychain size. It is a crime to have a bigger can of pepper spray.
If asked why you carry that bear spray you responded "for self defense..." on people then you could be arrested on the spot for weapons charges (the same goes for a stick, a bat, a pipe, or any other blunt object, even if an every day item, on the person, in the vehicle, or even in one's home as it then becomes a felony "billy".) Whether it is legal depends on intent, because it is not legal for use on people. Talking more than necessary with an officer assuming they will understand (and they may) is not smart. They are doing a job, not being your friend, and the wrong word can turn you into a felon.
In a court of law it would be valid to assume someone in the middle of the city was not anticipating a bear, and was in fact illegaly carrying it for use on people.

Most standard size self defense cans are 4-6 oz and therefore not legal in CA.
Any large foggers are even bigger.

Since it can still legaly be used on a bear however you were not arrested. That does not mean use on people is legal.

 

[TCW]

2 oz is actually fairly big. Not a keychain, but a good sized pocket unit.

 

[Quiet]

2oz canisters typically are about 4"x1.5"

 

[TCW]

I contacted the CA DOJ. Fox Labs is not legal in CA. When I asked if I could put my own label with the EXACT CA warnings on it, he would not say if that makes it legal. He said that's an area of "interpretive law". That is, the law does not state if the warnings need to be placed there by the manufacturer. He recommended that I ask my personal attorney for advice. LOL!

So...forget it.

Anyone know if Sabre Red has the EXACT California warnings? Geeze.

 

[Regolith]

Since it can still legaly be used on a bear however you were not arrested. That does not mean use on people is legal.

So, if you're walking in the woods in Northern California and you've got one of those on your belt in case you run into a bear, and a thug checking on his marijuana crop comes at you with a knife because you accidentally stumbled onto his grow operation, and you use the bear spray to protect yourself, you could be prosecuted?

Even the DA's in California can't be THAT stupid. I hope.

 

[gunsmith]

Well

Even the DA's in California can't be THAT stupid. I hope

DA's maybe, cops? probably not.
Street cops thought it was great, I sprayed dozens of aggressive bums with it.
The one cop that said I can't use it on people was in the federal building and he was fed protection service.

I would feel fine bringing that or any other pepper spray in CA.