California is a state that is known for being highly restrictive when it comes to what weapons civilians can own and carry, and is also commonly thought to be a state that frowns on self-defense as well.
However, there is some good news because California is generally quite permissive when it comes to pepper spray and other self-defense sprays in the hands of citizens.
Aside from a modest age restriction for teenagers and a comparatively generous capacity restriction, citizens can generally carry whatever kind of spray they want for self-defense.
You can learn more about California’s laws covering pepper spray and other self-defense sprays right here.
Your California Pepper Spray Passport
The following facts represent the most important, need-to-know information for residents or visitors in California who want to carry pepper spray:
- All common formulations of pepper spray, tear gas and other non-lethal defense sprays are legal for ownership and for carrying in California.
- All self-defense sprays sold in the state must have an expiration date printed on the canister, a manufacturer’s name, and serial number, and be sold with written instructions on safe and proper usage.
- You cannot possess pepper spray or any other self-defense spray in California if you have a felony record.
- Anyone aged 18 years and older may carry pepper spray legally, and anyone aged 16 years or older may carry pepper spray with written permission from their parent.
- Any otherwise legally carried pepper spray or tear gas cannot exceed a 2.5 oz capacity.
There is much more you’ll want to know concerning California’s pepper spray laws. Keep reading to learn more.
Can You Legally Carry Pepper Spray in California?
Yes, you can. However, there are some restrictions you’ll need to know about if you want to stay on the right side of the law.
First and foremost, anyone with a felony conviction on their record cannot possess or carry pepper spray or any other defensive spray in California. No two ways about it.
Second, only people aged 18 years and older may carry pepper spray in California without any other restrictions.
Teenagers aged 16 or 17 may carry pepper spray, but they must have written permission from their parents on their person to be in possession of it.
Check out California code 22810 for all of the relevant information concerning the sale, purchase, possession, and carry of pepper sprays and other defense sprays in the state.
22810.
Notwithstanding any other provision of law, any person may purchase, possess, or use tear gas or any tear gas weapon for the projection or release of tear gas if the tear gas or tear gas weapon is 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 any tear gas weapon.
(b) No person addicted to any narcotic drug shall purchase, possess, or use tear gas or any tear gas weapon.
(c) No person shall sell or furnish any tear gas or tear gas weapon to a minor.
(d) No minor shall purchase, possess, or use tear gas or any tear gas weapon.
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How Much Pepper Spray Can You Carry in California?
2.5 oz, maximum. Unfortunately, California does set a capacity restriction on how much pepper spray a civilian can carry on or about their person at one time. The maximum is 2.5 oz, whether in one container or multiple.
This is especially important to consider because improper use of pepper spray or tear gas spray is a fairly significant crime, and the law specifically states that even using any such spray exceeding that capacity is forbidden.
Even in extremis, it is unlikely that you would be let off the hook if you were in possession of an over-large canister. That means no right canisters and no bear spray canisters.
Considering California’s dim view of other high-capacity self-defense implements, we probably should have seen this coming. Again, code 22810, specifically paragraph e1, has the specifics.
22810.
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(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.
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What Pepper Spray Formulas are Legal in California?
Perhaps luckily, all common formulations of self-defense spray are legal in California, including OC, or true pepper spray, and commonly available tear gas formulations. Ostensibly, blends of these ingredients are also legal.
Notably, the law does specify that all such sprays must be aerosol in nature and expelled in no other way.
Don’t go mixing up your own home brew blend, and you shouldn’t have any problems regarding the formula of the product you are relying on.
Also, in keeping with their pervasive “Nanny State” attitude, California law specifies that all such defensive sprays sold within the state must have a printed expiration date on the canister, a manufacturer’s name, and serial number, and also be sold with a set of printed instructions concerning use and safety. Defacing any of the markings on the canister is a crime!
They wouldn’t want you to hit somebody with stale spray, I guess.
When Can You Legally Use Pepper Spray in California?
California law permits citizens to use pepper spray and self-defense when threatened with an imminent use of unlawful force against themselves or someone else.
As always, the use of pepper spray is considered force, and defensive force must always be proportional to the force being used against you.
You cannot use pepper spray to win an argument or a shouting match, though you can use it if someone is threatening to strike you with hands or feet, or is persistently invading your personal space. Remember that you will have to account for your actions in a court of law.
Also, any misuse or unjustified use of pepper spray is specifically illegal under California law and carries with it a hefty fine and up to one year of imprisonment.
You should never, ever use pepper spray for any purpose and in any circumstances except legitimate self-defense. Once again, code section 22810 spells this out plainly.
22810.
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(g) (1) Except as provided in paragraph (2), any person who uses tear gas or any tear gas weapon except in self-defense is guilty of a public offense and is punishable by imprisonment pursuant to subdivision (h) of Section 1170 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.
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Frequently Asked Questions
What is the strongest pepper spray you can carry in California?
California does not specify any ceiling on the strength or potency of pepper spray or tear gas.
That being said, keep in mind that all legitimate defensive sprays will be designed and formulated so that they do not inflict any lasting injury or harm on the target.
You generally won’t have to worry about this so long as you purchase a good product from a reputable manufacturer, but this should further dissuade you from using any other aerosol chemical as an improvised defensive spray.
Will you go to jail if you pepper spray someone?
In all but the most clear-cut cases, yes, it is likely that you will be arrested after using pepper spray in self-defense.
Even though it is considered absolutely minimal force in most places, any use of force in self-defense might entail your arrest, at least until the details are known.
Is pepper spray considered a deadly weapon?
No. Pepper spray is rarely, if ever, construed as a deadly weapon and by design is incapable of inflicting great bodily injury or death except in the most extraordinary circumstances.
However, if by action or omission of action someone dies as a direct result of you pepper spraying them, it is not out of the question you can face manslaughter charges or worse.
Someone who is allergic or especially sensitive to any active ingredient in defensive sprays might well perish if dosed with it.
via Modern Survival Online https://ift.tt/Jw2lZpG
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