Laws on pepper spray

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  • oldguy

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    Would like some comments on using pepper spray as a first line of defense and if legal in Texas. Current smash and grab crimes in Austin and surrounding areas have me concerned for spouse. I was looking at the Kimber Lifeact Guardian Angel Pepper Spray. Any ideas, thoughts on this would be appreciated.
     

    mac79912

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    As long as you are not committing a crime you can carry it with you.Do not be afraid to carry pepper spray as it is legal.
     

    ctxpta

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    Education education education!!!!!

    Before you take someone at their face opinion PLEASE EDUCATE yourself and find out. Ask them where to find the info. All these sights we go to such as AR-15, chlforum are OK...if and only if you research yourself.

    Pepper Spray and OC spray CAN be PROHIBITED WEAPONS!!! Refer to Texas PC 46.01 first for the definition of the device! (14) "chemical dispensing device".....other than small chemical dispenser.....

    Be aware others...such as Law Enforcement may think ANY device that is not a key chain device falls in this category!

    PC 46.03 Places Weapons Prohibited

    PC 46.05 Prohibited Weapons

    ALL of this is important read for someone carring ANY OC or Pepper Spray that can be argued is greater in size than a small chemical dispenser...ANY size other than a key chain unit the SMALLEST is arguable!
     

    txinvestigator

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    Pepper spray that is small, available commercially and for self protection is is legal. Standard use of force laws apply.

    Here are some laws you should be aware of;

    § 46.05. PROHIBITED WEAPONS. (a) A person commits an
    offense if he intentionally or knowingly possesses, manufactures,
    transports, repairs, or sells:
    (1) an explosive weapon;
    (2) a machine gun;
    (3) a short-barrel firearm;
    (4) a firearm silencer;
    (5) a switchblade knife;
    (6) knuckles;
    (7) armor-piercing ammunition;
    (8) a chemical dispensing device


    § 46.01. DEFINITIONS. In this chapter:

    (14) "Chemical dispensing device" means a device,
    other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the
    purpose of dispensing a substance capable of causing an adverse
    psychological or physiological effect on a human being.

    After speaking to many LEOs it is MY BELIEF that unless you are carrying the small fire extinguisher sized OC you will be ok. However, I carry a keydefender, and it is small.
     

    kville79

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    § 46.05. PROHIBITED WEAPONS. (a) A person commits an
    offense if he intentionally or knowingly possesses, manufactures,
    transports, repairs, or sells:
    (1) an explosive weapon;
    (2) a machine gun;
    (3) a short-barrel firearm;
    (4) a firearm silencer;
    (5) a switchblade knife;
    (6) knuckles;
    (7) armor-piercing ammunition;
    ?????????????????

    (8) a chemical dispensing device

    How come I see people selling AP and API ammo for .50 cals all the time at gun shows?
     

    txinvestigator

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    § 46.05. PROHIBITED WEAPONS. (a) A person commits an
    offense if he intentionally or knowingly possesses, manufactures,
    transports, repairs, or sells:
    (1) an explosive weapon;
    (2) a machine gun;
    (3) a short-barrel firearm;
    (4) a firearm silencer;
    (5) a switchblade knife;
    (6) knuckles;
    (7) armor-piercing ammunition; ?????????????????
    (8) a chemical dispensing device

    How come I see people selling AP and API ammo for .50 cals all the time at gun shows?

    You gotta go to 46.01 and read the definition;

    Texas Penal Code
    § 46.01. DEFINITIONS. In this chapter:

    (12) "Armor-piercing ammunition" means handgun
    ammunition that is designed primarily for the purpose of
    penetrating metal or body armor and to be used principally in
    pistols and revolvers.

    http://tlo2.tlc.state.tx.us/statutes/docs/PE/content/htm/pe.010.00.000046.00.htm#46.01.00http://www.texasguntalk.com/forums/newreply.php?do=newreply&p=14497
     

    oldguy

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    Thanks for the info guys very informative. I was looking at the follow
    type spray, anyone purchased.?

    Kimber Lifeact Guardian Angel Pepper Spray
     

    woulf

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    Bryan, TX
    As long as its under 4 ounces, you're good to go. The common sense law is really all you need to follow with it

    The kind that has the UV dye in it is great too.
     

    txinvestigator

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    As long as its under 4 ounces, you're good to go. The common sense law is really all you need to follow with it

    The kind that has the UV dye in it is great too.

    I don't believe that there is a precedent that calls for under 4 ounces to be legal. The law does not.
     

    woulf

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    Jul 14, 2008
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    Bryan, TX
    I was actually going under the restrictions from a couple of online dealers, including Cheaper Than Dirt.
     
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