Laws on pepper spray

[oldguy]

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]

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]

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]

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]

§ 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]

§ 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]

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

Kimber Lifeact Guardian Angel Pepper Spray

 

[woulf]

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]

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]

I was actually going under the restrictions from a couple of online dealers, including Cheaper Than Dirt.

 

[kville79]

TXinvestigator.... thanks for the 411

 

[txinvestigator]

TXinvestigator.... thanks for the 411

Sure thing.

 

[Hoji]

It really depends on the mood of the LEO you encounter while carrying and the prosecutor who gets the case.

I have a friend who was walking on 6th street during the Austin Faux Mardi Gras and was arrested and eventually charged with a felony.

He had the charges dismissed, but it cost him about 2500 in lawyer fees

He was able to show that "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." was what he was carrying, but it was expensive.

It was a unit that I had given him because I had used it on a group of people brawling in the parking lot of a bar.{ I take them out of service if they get used while working}

 

[txinvestigator]

It really depends on the mood of the LEO you encounter while carrying and the prosecutor who gets the case.

I have a friend who was walking on 6th street during the Austin Faux Mardi Gras and was arrested and eventually charged with a felony.

He had the charges dismissed, but it cost him about 2500 in lawyer fees

He was able to show that "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." was what he was carrying, but it was expensive.

It was a unit that I had given him because I had used it on a group of people brawling in the parking lot of a bar.{ I take them out of service if they get used while working}

Can you tell us about the OC? Type, size, etc?

I am also interested in the circumstances surrounding the encounter. How did he gain the attention of the police, etc.

 

[Hoji]

Can you tell us about the OC? Type, size, etc?

I am also interested in the circumstances surrounding the encounter. How did he gain the attention of the police, etc.

Sure it was a standard 3 oz can of First Defense X2{with a couple of shots out of it} He was walking down 6th street in Austin and the cylinder lump was noticed in his pocket.

He was stopped by none other than Julie Schroder and then arrested for the possession of a unlawful weapon{class A misdemeanor}.

After posting bond, about a month later the prosecutor charges him with the felony of a chemical dispensing device. He was able to show that a 3oz unit was commercially available anywhere and got the charges dropped{dismissed} but it was expensive.

In hindsight when he was asked where he got the OC he should have said he just bought it but he instead dropped my name{ I am an OC Instructor} and got arrested. I was not there and do not know if he failed the attitude test but I did read his PC affadavit.

 

[txinvestigator]

Sure it was a standard 3 oz can of First Defense X2{with a couple of shots out of it} He was walking down 6th street in Austin and the cylinder lump was noticed in his pocket.

He was stopped by none other than Julie Schroder and then arrested for the possession of a unlawful weapon{class A misdemeanor}.

After posting bond, about a month later the prosecutor charges him with the felony of a chemical dispensing device. He was able to show that a 3oz unit was commercially available anywhere and got the charges dropped{dismissed} but it was expensive.

In hindsight when he was asked where he got the OC he should have said he just bought it but he instead dropped my name{ I am an OC Instructor} and got arrested. I was not there and do not know if he failed the attitude test but I did read his PC affadavit.

Thanks. I would be interested in seeing the officer's affidavit. I can't imagine a cylinder lump being PC. Regardless, it is sad, at best, that your friend had to endure that.

PS; I am not from Austin, is Julie well known there? Notorious?

 

[htxred]

Thanks. I would be interested in seeing the officer's affidavit. I can't imagine a cylinder lump being PC. Regardless, it is sad, at best, that your friend had to endure that.

PS; I am not from Austin, is Julie well known there? Notorious?

http://www.austinchronicle.com/gyrobase/Issue/story?oid=oid:370265

 

[txinvestigator]

http://www.austinchronicle.com/gyrobase/Issue/story?oid=oid:370265

I see. Tough call. I have been in some hellaious fights that could have turned into a police shooting, and I came close a couple of times.

 

[Outrun]

I just came upon this thread.

I just got arrested for having Pepper Spray.

You can read all about it on my new site.

Home

To say the least I am really mad about it.

 

[txinvestigator]

I just came upon this thread.

I just got arrested for having Pepper Spray.

You can read all about it on my new site.

Home

To say the least I am really mad about it.

I don't read ANYTHING about it on your site, other than your whining about being arrested. You provide ZERO facts, just accusations about the police out there in Wylie.

Why don't you tell us what happened? After the officer saw you in the early morning hours on a residential street messing with a jet ski on a tailer and he asked you for ID, what happened? Did you argue, refuse to provide ID?

Your little website seems to leave out the facts......