Posted: 3/13/2007 2:01:15 PM EDT
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I asked a LEO buddy of mine about the brand of pepper spray he uses, since I'd like to get something for my fiance to carry (she's not quite comfortable with a pistol just yet). I also mentioned getting something to carry myself to stop a fight when an escalation to deadly force (my CCW piece) might not be appropriate. Just as an extra option, that's all. He then started telling me that using spray (Fox Labs, in this case), is basically the same as using a firearm. He described it as "less lethal", but still potentially lethal, and a court would see it the same as using my CCW. He also said someone would have to attempt to strike me with "a closed hand" to justify the use of spray, that an open hand, rough shove, etc wouldn't justify it. I think he might be incorrect in his interpretation of the law, and might be giving me bad info. On the other hand, I might be dead wrong. I'm searching Google and the GA code, but not finding much. Anyone here have an answer, or an idea where I might be able to find one? |
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Disclaimer: I am not a lawyer or a LEO. With that out of the way, quite a few of the defensive pistol classes I have taken encourage the carry and use of pepper spray. If you have pepper spray with you, it is substantially "less lethal" than a firearm. If you use spray first, and then have to escalate to a firearm you have that in your favor that you tried to deter the "bad guy" with other means than a firearm. Fists get spray. Knives get the handgun. Handguns get the rifle. 
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What does the rifle get?a Bazooka? 
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That was my thinking as well - not every confrontation rates a draw down. Spray can be a decent option between fisticuffs and firearm, IMHO. I mainly want to disprove this friend of mine; he's been a cop for a couple years, and is slowly developing a real "I'm a cop, so I know the law, and noone else does" attitude. He also tried to tell me that the continuum of force doesn't apply to civilians - "If you get in a fight, even just a one-on-one scuffle, shoot him, you'll get off. Don't bother with spray". 
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Pardon my French, but your friend is a fucking idiot if he thinks that the continuum of force doesn't apply to citizens. A citizen applying the continuum of force covers his ass just as much as it does a cop. The law is specific as to when deadly force can be applied, and it's the same for both cops and citizens. You really should have an option available in the circumstances that doesn't meet the requirements for deadly force. |