Is pepper spray legal in California schools?

Pepper spray is a chemical that, when sprayed into the eyes or onto the face, causes severe pain, tearing, and, in some cases, temporary blindness. Also known as "Oleoresin Capsicum," "OC Gas," or "capsicum spray," pepper spray is usually carried in a small canister so it can be easily contained in a pocket or a purse. Pepper spray is regulated by the state of California in its rules concerning tear gas and tear gas weapons (Ca. Penal Code Sections 22810 and following).

Pepper Spray Effects and Use

Pepper spray is derived from chili plants, and, when sprayed into the face, causes people to immediately close their eyes, cough, and tear up. Pepper spray has also been known to cause tightening of the chest, mucus secretions, and other discomforts, all of which are considered to be largely temporary. The spray can cause severe discomfort for about half an hour, depending on the potency of the spray and the amount applied.

Pepper spray is commonly used by riot police when controlling rowdy crowds. Individuals carry it as a form of self defense, to be used on an assailant or an attacking dog. It can be purchased in a variety of locations, including online self-defense vendors.

Paradoxically, the use of pepper spray is illegal in war, because it is considered chemical warfare according to international statutes governing weapons of war. But it is legal when used by law enforcement or by a private individual in self-defense situations. Laws governing the use of pepper spray vary from state to state, with some states limiting its usage, potency, or the amount that can be carried at any given time. California regulates the possession and use in the following ways.

Self Defense Only

You may purchase, possess, and use pepper spray as long as you do so only for self-defense purposes. Interestingly, in California, "use" includes not just discharging the weapon, but displaying it in a threatening manner. Using it in non-self defense situations will subject you to a misdemeanor or felony charge, with a possible sentence of 16 months, two, or three years, a fine of up to $1,000, or both. It is no defense to a charge of improper use that the canister was empty or otherwise inoperable.

People Who May Not Possess Pepper Spray in California

California law prohibits several classes of people from buying, possessing, or using pepper spray:

  • people convicted of a felony or any assault crime, in California or any other state or in the federal system; and those convicted of misusing the spray (in non-self defense situations)
  • minors (except minors over 16 years old, who may purchase and possess pepper spray as long as their parent is present or gives written permission), and
  • those addicted to any narcotic drug.

Restrictions on Packaging

Pepper spray may not be sold in containers that hold more than 2.5 ounces of the chemical. Packages must inform users that the item may be used for self defense only; the manufacturer must include a useful shelf life date, usage and first aid instructions, and include an explanation of the legal consequences for illegal use.

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California Pepper Spray Use Laws and Ownership Regulations

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Is pepper spray legal in California schools?

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Is pepper spray legal in California schools?
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Video Explanation of CA State Laws

In Plain English:California state laws for pepper spray & self defense products

The Basics:

  • Pepper spray is LEGAL to buy, use, carry and ship to California (*with below restrictions).
  • Pepper spray canisters must be less than 2.5 oz.
  • User must be at least 18 years of age
  • User cannot be addicted to narcotic substances
  • User cannot have a convicted felony on record
  • Must be used only for self defense.

CA state governments and law makers understand that pepper spray can be a handy self defense product for protecting your personal safety. Not only can defense sprays give you protection against a human attacker, but most vicious dogs, bears, mountain lions and other wild animals can be temporarily disabled by a single shot of pepper spray. California is a vast state with both high-population metropolitan areas, like San Francisco and Los Angeles, and more remote outdoor locations where you may encounter a wild animal. In either case, a pepper spray device can be a necessary asset of survival and personal security.

However, the state of California does have a few rules and regulations regarding the use of pepper spray. It is absolutely legal to carry pepper spray and use it to protect your personal safety without having any special state or federal permits. CA laws do regulate the size and/or weight of the defense spray products you can carry and buy. The legal container size must be equal to or below 2.5 ounces of active product. There are many pepper spray items and models that comply with this state set standard.

The pepper spray carried, shipped, sold or used in California should also be labeled with a warning stating that the product is only intended for self-defense. In general, most state laws (California included) enforce that pepper spray should only be used in self defense situations where you fear your life or safety is in danger. Illegal use of pepper spray products (perhaps dispensing them out of anger or as non self defense violence against another person) can bring fines of $1000 and up and/or three years in prison.

Penal Code 12401. ""Tear gas" as used in this chapter shall apply to and include all liquid, gaseous or solid substances intended to produce temporary physical discomfort or permanent injury through being vaporized or otherwise dispersed in the air...."

"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."

Is pepper spray allowed in school in California?

To prevent potential misuse that may harm students or staff, students are prohibited from carrying tear gas or tear gas weapons such as pepper spray on campus or at school activities.

What self

Five legal self-defense weapons in California are:.
pepper spray,.
stun guns or tasers,.
certain knives (such as a pocketknife or non-switchblade folding knife),.
personal alarms, and..
certain guns (such as handguns or shotguns)..
Minors under 16 years old. Those over 16 can purchase and possess pepper spray if a parent or guardian is present or gives written permission.

Can you use pepper spray for self

California views pepper spray as an effective means of personal protection and self-defense. It is legal for you to carry and use pepper spray to protect your personal safety without a state or federal permit.