Orange, CA asked in Federal Crimes, Legal Malpractice, Military Law and Municipal Law for California

Q: Is pepper spray illegal? If not then what other legalities are connected to it? Aka subdivisions.

Subdivisions...age of consent

possible prior conviction...

Does it depend on whether indoors/outdoors etc.

1 Lawyer Answer
William John Light
William John Light
Answered
  • Legal Malpractice Lawyer
  • Riverside, CA
  • Licensed in California

A: Penal Code Title 2: Control of Deadly Weapons Chapter 4: Tear Gas Weapons Article 1: General Provisions Section 12403.7

Notwithstanding any other law, any person may purchase, possess, or use tear gas and tear gas weapons for the projection or release of tear gas if the tear gas and tear gas weapons are 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 tear gas weapons.

(b) No person who is addicted to any narcotic drug shall purchase, possess, or use tear gas or tear gas weapons.

(c) No person shall sell or furnish any tear gas or tear gas weapon to a minor.

(d) No person who is a minor shall purchase, possess, or use tear gas or tear gas weapons.

(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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