Pepper Spray Lawyers
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What is Pepper Spray?
Pepper spray, also known as OC spray, is a compound that produces tears and pain in the eyes. It is used both by police and by individuals for the purpose of self defense. Pepper spray is typically sold in canisters which are small enough to be concealed in a pocket or purse. Similar self defense sprays are tear gas (also known as CS or CN sprays) or Mace.
Is Pepper Spray Legal?
It is illegal to use pepper spray in the commision of a crime. In most states, pepper spray is legal to carry and use for the purpose of self defense. However, in some states, the use of pepper spray is regulated:
- Massachusetts - A firearm identification card is required to lawfully purchase, posess, and use pepper spray.
- New York - Pepper spray must be purchased from licensed firearms dealer or pharmacist.
- Wisconsin - Sprays must be made of pepper only, and tear gas, UV dyes, or combination sprays are prohibited. OC spray can be no stronger than a 10% solution. The canister can be between 15-60 grams only and must have safety feature.
- Washington, DC - Posession must be registered with the DC Metropolitan Police
- Michigan - OC Pepper spray can be no stronger then a 2% concentrate. CS is the only tear gas accepted and can be no larger then 35 grams per can. No combination spray allowed.
- California - It is illegal to purchase, posses, or use any pepper spray that contains more than 2.5 ounces net weight of aerosol spray
It is also important to check local laws, as they may address pepper spray possession and usage. It is illegal to bring pepper spray on an airplane in carry on luggage. Furthermore, in Canada, pepper spray is a prohibited weapons. If you are traveling or moving to Canada, do not carry pepper spray with you.
Have You Been Arrested For Unlawful Use or Possession of Pepper Spray?
If you have been arrested for unlawful use or possession of pepper spray, you should contact a criminal defense attorney immediately. A criminal defense attorney can help you understand the laws of your jurisdiction, and can explain to you any defenses that may be available to you.
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Last Modified: 11-09-2011 04:28 PM PST
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