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Laws on pepper spray

Discussion in 'Gun Legislation' started by oldguy, Jul 19, 2008.

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  1. Jul 19, 2008 #1
    oldguy

    oldguy Well-Known

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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.
     


  2. Jul 19, 2008 #2
    mac79912

    mac79912 Well-Known

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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.
     
  3. Jul 25, 2008 #3
    ctxpta

    ctxpta New Member

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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!
     
  4. Jul 25, 2008 #4
    txinvestigator

    txinvestigator TGT Addict

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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;

    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.
     
  5. Jul 26, 2008 #5
    kville79

    kville79 Active Member

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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?
     
  6. Jul 26, 2008 #6
    txinvestigator

    txinvestigator TGT Addict

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    You gotta go to 46.01 and read the definition;

    http://tlo2.tlc.state.tx.us/statutes/docs/PE/content/htm/pe.010.00.000046.00.htm#46.01.00
     
  7. Jul 26, 2008 #7
    oldguy

    oldguy Well-Known

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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
     
  8. Jul 29, 2008 #8
    woulf

    woulf New Member

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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:rofl:

    The kind that has the UV dye in it is great too.
     
  9. Jul 29, 2008 #9
    txinvestigator

    txinvestigator TGT Addict

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    I don't believe that there is a precedent that calls for under 4 ounces to be legal. The law does not.
     
  10. Jul 29, 2008 #10
    woulf

    woulf New Member

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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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