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Posted: 1/25/2006 5:17:22 PM EDT
So what's the deal with pepper spray? Can you only use it like you do a gun, like feeling that your life is threatened or can you just pepper spray people you don't like?
Link Posted: 1/25/2006 5:23:04 PM EDT
Its not the same level of force, obviously. You cant just go around spraying someone for kicks, though. Your state laws will vary.
Link Posted: 1/25/2006 5:25:41 PM EDT
It varies by state, but I've used it once here in Maine and there wasn't a problem. But then, it was quite justfied. I was approached by an individual who didn't like me very much while I was walking into a store he and some friends had been hanging out at. He got a bit loud and belligerent and I noticed I was gradually being surrounded, so I gave him a nice spray of pepper spray dead on. He tried to walk away but I followed him about 10 feet, spraying him nonstop. I did this because I wanted to make an example of him to show the others not to try a thing, and it worked. Cops showed up, called it self-defense, I went home.
Link Posted: 1/25/2006 5:26:37 PM EDT
Someone posted of an incident here awhile ago where he sprayed someone with some gawdawful concoction and dropped the offender like a rock.

What was the brand?
Link Posted: 1/25/2006 5:32:51 PM EDT

Originally Posted By Zippy_The_Wonderdog:
Someone posted of an incident here awhile ago where he sprayed someone with some gawdawful concoction and dropped the offender like a rock.

What was the brand?



I read that one too and would like ot get some also.
Link Posted: 1/25/2006 5:34:21 PM EDT
He said it was fox didnt he ?
Link Posted: 1/25/2006 5:40:13 PM EDT

Originally Posted By Tanam:
He said it was fox didnt he ?



it was fox.
Link Posted: 1/25/2006 5:46:53 PM EDT
I want some fox!
Link Posted: 1/25/2006 5:57:15 PM EDT

Originally Posted By 89grand:
So what's the deal with pepper spray? Can you only use it like you do a gun, like feeling that your life is threatened or can you just pepper spray people you don't like?



If a woman sprays a man, she'd just about have to confess to doing it for fun to get arrested. I tell my wife to spray first and ask questions later.
Link Posted: 1/25/2006 6:03:45 PM EDT


Originally Posted By SirDrinksAlot:

Originally Posted By Tanam:
He said it was fox didnt he ?



it was fox.



Mmmmmmmmmm FOX

Link Posted: 1/25/2006 6:17:43 PM EDT
Please tell me you are joking?
Link Posted: 1/25/2006 6:19:23 PM EDT
In general it's the same as hitting somebody, you should do it only in defense. Not the same as deadly force.
Link Posted: 1/25/2006 6:30:58 PM EDT
[Last Edit: 1/25/2006 6:32:20 PM EDT by TrickyRicky72]
I just ordered some Fox for me and the wife
Link Posted: 1/25/2006 6:32:33 PM EDT
Better make sure you can articulate self defense or else it will be considered battery. It doesn't work on everybody and some know how to fight through it so you better have a back up plan or follow through with something after you spray. Papper Spray is measured by SHV (Scovile Heat Units) and it should be directly on the can. Usually anything about 1 to 1.5 is good the stuff getting up in the 2 million range is hot sfuff. And one more word to the wise you cannot spray somebody without contaminating yourself so you better see how you react to it before so you don't freak out more than they do.
Link Posted: 1/25/2006 6:41:56 PM EDT
My CPL/CCW instructor recommended it for those situations where you can't draw your weapon.
I'd rather spray someone than punch them, if it came to that.
Link Posted: 1/25/2006 6:42:46 PM EDT

Originally Posted By 89grand:
So what's the deal with pepper spray? Can you only use it like you do a gun, like feeling that your life is threatened or can you just pepper spray people you don't like?



You think people that don't like you should be able to pepper spray you? There's your answer
Link Posted: 1/25/2006 6:45:45 PM EDT
If you can't be trusted with Pepper Spray why should you be trusted with a gun?? Start spraying the people you don't like let me know how well that works out for you.
Link Posted: 1/25/2006 6:47:39 PM EDT

Originally Posted By AssaultRifler:

Originally Posted By 89grand:
So what's the deal with pepper spray? Can you only use it like you do a gun, like feeling that your life is threatened or can you just pepper spray people you don't like?



You think people that don't like you should be able to pepper spray you? There's your answer



Of course they shouldn't be able to just spray ME for the hell of it!
Link Posted: 1/25/2006 6:48:51 PM EDT
[Last Edit: 1/25/2006 6:49:41 PM EDT by 89grand]

Originally Posted By charliehorse794:
If you can't be trusted with Pepper Spray why should you be trusted with a gun?? Start spraying the people you don't like let me know how well that works out for you.



I can't be trusted with pepper spray? Has that been determined?

If so, please don't call the ATF to take all of my guns away.
Link Posted: 1/25/2006 6:59:37 PM EDT
I would have to look into it more closely here, but in NY it would not be considered assault because it really doesn't cause injury. If the person hurt himself while under the effects, then you may be charged with it under the negligent clause of assault in the third degree. I'm thinking it would fall under the clause of harassment in the second degree, a non-criminal violation. There may be others that could work though, possibly menacing 4th(?) (the same class A misdemeanor as assault 3rd), or others.

Again, I would have to look it up for more specific charges, but I would say use it for defense ONLY. Using it in any other way would be a bad thing, and would be likely to get you in trouble.


-K
Link Posted: 1/25/2006 10:56:04 PM EDT

Originally Posted By Special-K:
I would have to look into it more closely here, but in NY it would not be considered assault because it really doesn't cause injury. If the person hurt himself while under the effects, then you may be charged with it under the negligent clause of assault in the third degree. I'm thinking it would fall under the clause of harassment in the second degree, a non-criminal violation. There may be others that could work though, possibly menacing 4th(?) (the same class A misdemeanor as assault 3rd), or others.

Again, I would have to look it up for more specific charges, but I would say use it for defense ONLY. Using it in any other way would be a bad thing, and would be likely to get you in trouble.


-K



Herre is something to consider as far as NY goes. NY has the most stringent OC laws in the country.

PL 265.20 states the following:

"14. Possession in accordance with the provisions of this paragraph of
a self-defense spray device as defined herein for the protection of a
person or property and use of such self-defense spray device under
circumstances which would justify the use of physical force pursuant to
article thirty-five of this chapter."

http://caselaw.lp.findlaw.com/nycodes/c82/a68.html

So basically, for you to use OC, you have to be justified in its use according to Article 35, the Justification for Use of Force. Otherwise, what you'll be charged with is:

S 270.05 Unlawfully possessing or selling noxious material.
1. As used in this section, "noxious material" means any container
which contains any drug or other substance capable of generating
offensive, noxious or suffocating fumes, gases or vapors, or capable of
immobilizing a person.
2. A person is guilty of unlawfully possessing noxious material when
he possesses such material under circumstances evincing an intent to use
it or to cause it to be used to inflict physical injury upon or to cause
annoyance to a person, or to damage property of another, or to disturb
the public peace.
3. Possession of noxious material is presumptive evidence of intent
to use it or cause it to be used in violation of this section.
.........................
5. Self-defense spray devices not prohibited. Notwithstanding the
provisions of subdivisions two and three of this section, it shall not
be unlawful for a person eighteen years of age or older to possess a
self-defense spray device as defined in paragraph fourteen of
subdivision a of section 265.20 of this chapter in accordance with the
provisions set forth therein.


http://caselaw.lp.findlaw.com/nycodes/c82/a69.html

"in accordance with the provisions set forth therein." is the important clause there. You must meet the Article 35 standard for use of force in order to lawfully employ OC. Otherwise, 270.05 kicks in.

Its too early in the morning for me to go further into the PL, but I think theres another section OTHER than the one for using OC against an LEO that could also be charged.

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